SB 3154: DOT; National Environmental Policy Act; NEPA Assignment
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-28
Current Status:
Passed
(2026-05-26: Act 038, on 05/26/2026 (Gov. Msg. No. 1138).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill lets the Hawaii Department of Transportation take over certain federal environmental review duties under the National Environmental Policy Act (NEPA) for highway, rail, public transit, and other multimodal projects in the state. It allows DOT to make agreements with the U.S. Department of Transportation to use federal tools like categorical exclusions (projects that don’t need full studies) and the federal project delivery program, and to adopt federal environmental standards. The bill also provides a limited waiver of the State’s sovereign immunity so DOT can be sued in federal court for actions tied to those duties, within federal limits and while an agreement is in effect.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. (CD1)
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. Effective 7/1/3000. (HD2)
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. Effective 7/1/3000. (HD1)
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements under 23 United States Code sections 326 and 327. (SD2)
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements under 23 U.S.C. §§326 and 327. (SD1)
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements under 23 U.S.C. §§326 and 327.
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THE SENATE |
S.B. NO. |
3154 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Authorize the department of transportation to participate in the National Environmental Policy Act Assignment Program under title 23 United States Code sections 326 and 327; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements for participation in the program.
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.
(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.
(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners, and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(f) Notwithstanding any law to the contrary, the department of transportation may:
(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:
(A) Climate mitigation and adaptation;
(B) Noise and visual buffer zones and barriers;
(C) Transportation projects pursuant to section 264‑142;
(D) This section; or
(E) Title 15;
(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and
(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;
provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.
(g) The department of transportation may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969, Public Law 91-190, and with respect to duties under other federal environmental laws as they apply to designated transportation projects. The department of transportation may:
(1) Assume responsibilities under title 23 United States Code sections 326 and 327;
(2) Enter into one or more agreements, including memoranda of understanding, with the United States Secretary of Transportation related to:
(A) The designation of categorical exclusions from federally required environmental assessments or impact statements for transportation projects as provided by title 23 United States Code section 326; or
(B) The federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects as provided by title 23 United States Code section 327; and
(3) Adopt rules pursuant to chapter 91 to implement this subsection and adopt relevant federal environmental standards as the standards for the State for a program described in this subsection.
(h) Except as provided by this subsection, sovereign immunity to suit in federal court and from liability shall be waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department of transportation under subsection (g). The waiver under this subsection shall not create liability for the department of transportation that exceeds the liability created under title 23 United States Code section 326 or 327 and shall only be valid if:
(1) The department of transportation executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts, as required by title 23 United States Code sections 326(c) and 327(c);
(2) The act or omission that is the subject of the lawsuit arises out of compliance with, discharge of, or enforcement of responsibilities assumed by the department of transportation pursuant to title 23 United States Code sections 326 and 327; and
(3) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
DOT; National Environmental Policy Act; NEPA Assignment
Description:
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
3154 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Authorize the department of transportation to participate in the National Environmental Policy Act Assignment Program under title 23 United States Code sections 326 and 327; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements for participation in the program.
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.
(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.
(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners, and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(f) Notwithstanding any law to the contrary, the department of transportation may:
(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:
(A) Climate mitigation and adaptation;
(B) Noise and visual buffer zones and barriers;
(C) Transportation projects pursuant to section 264‑142;
(D) This section; or
(E) Title 15;
(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and
(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;
provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.
(g) The department of transportation may assume the responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969, Public Law 91-190, and with respect to duties under other federal environmental laws as they apply to designated transportation projects. The department of transportation may:
(1) Assume responsibilities under title 23 United States Code sections 326 and 327;
(2) Enter into one or more agreements, including memoranda of understanding, with the United States Secretary of Transportation related to:
(A) The designation of categorical exclusions from federally required environmental assessments or environmental impact statements for transportation projects as provided by title 23 United States Code section 326; or
(B) The federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects as provided by title 23 United States Code section 327; and
(3) Adopt rules pursuant to chapter 91 to implement this subsection and adopt relevant federal environmental standards as the standards for the State for a program described in this subsection.
(h) Except as provided by this subsection, sovereign immunity to suit in federal court and from liability shall be waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department of transportation under subsection (g). The waiver under this subsection shall not create liability for the department of transportation that exceeds the liability created under title 23 United States Code section 326 or 327 and shall only be valid if:
(1) The department of transportation executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts, as required by title 23 United States Code sections 326(c) and 327(c);
(2) The act or omission that is the subject of the lawsuit arises out of compliance with, discharge of, or enforcement of responsibilities assumed by the department of transportation pursuant to title 23 United States Code sections 326 and 327; and
(3) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
DOT; National Environmental Policy Act; NEPA Assignment
Description:
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
3154 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Authorize the department of transportation to participate in the National Environmental Policy Act Assignment Program under title 23 United States Code sections 326 and 327; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements for participation in the program.
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.
(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.
(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners, and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(f) Notwithstanding any law to the contrary, the department of transportation may:
(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:
(A) Climate mitigation and adaptation;
(B) Noise and visual buffer zones and barriers;
(C) Transportation projects pursuant to section 264‑142;
(D) This section; or
(E) Title 15;
(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and
(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;
provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.
(g) The department of transportation may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969, Public Law 91-190, and with respect to duties under other federal environmental laws as they apply to designated transportation projects. The department of transportation may:
(1) Assume responsibilities under title 23 United States Code sections 326 and 327;
(2) Enter into one or more agreements, including memoranda of understanding, with the United States Secretary of Transportation related to:
(A) The designation of categorical exclusions from federally required environmental assessments or impact statements for transportation projects as provided by title 23 United States Code section 326; or
(B) The federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects as provided by title 23 United States Code section 327; and
(3) Adopt rules pursuant to chapter 91 to implement this subsection and adopt relevant federal environmental standards as the standards for the State for a program described in this subsection.
(h) Except as provided by this subsection, sovereign immunity to suit in federal court and from liability shall be waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department of transportation under subsection (g). The waiver under this subsection shall not create liability for the department of transportation that exceeds the liability created under title 23 United States Code section 326 or 327 and shall only be valid if:
(1) The department of transportation executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by title 23 United States Code sections 326(c) and 327(c);
(2) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department of transportation pursuant to title 23 United States Code sections 326 and 327; and
(3) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
DOT; National Environmental Policy Act; NEPA Assignment
Description:
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
3154 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Authorize the department of transportation to participate in the National Environmental Policy Act assignment program under title 23 United States Code sections 326 and 327, similar to the Texas Department of Transportation authorizing statute; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements for participation in the program.
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.
(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.
(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners, and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(f) Notwithstanding any law to the contrary, the department of transportation may:
(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:
(A) Climate mitigation and adaptation;
(B) Noise and visual buffer zones and barriers;
(C) Transportation projects pursuant to section 264‑142;
(D) This section; or
(E) Title 15;
(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and
(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;
provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.
(g) The department of transportation may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969, Public Law 91-190, and with respect to duties under other federal environmental laws as they apply to designated transportation projects. The department of transportation may:
(1) Assume responsibilities under title 23 United States Code sections 326 and 327;
(2) Enter into one or more agreements, including memoranda of understanding, with the United States Secretary of Transportation related to:
(A) The designation of categorical exclusions from federally required environmental assessments or impact statements for transportation projects as provided by title 23 United States Code section 326; or
(B) The federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects as provided by title 23 United States Code section 327; and
(3) Adopt rules pursuant to chapter 91 to implement this subsection and adopt relevant federal environmental standards as the standards for the State for a program described in this subsection.
(h) Except as provided in this subsection, sovereign immunity to suit in federal court and from liability is waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department of transportation under subsection (g). The waiver under this subsection shall not create liability for the department of transportation that exceeds the liability created under title 23 United States Code section 326 or 327 and shall only be valid if:
(1) The department of transportation executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by title 23 United States Code sections 326(c) and 327(c);
(2) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department of transportation pursuant to title 23 United States Code sections 326 and 327; and
(3) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
DOT; National Environmental Policy Act; NEPA Assignment
Description:
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements under 23 United States Code sections 326 and 327. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
3154 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Authorize the department to participate in the National Environmental Policy Act Assignment Program under title 23 United States Code sections 326 and 327, similar to the Texas Department of Transportation authorizing statute; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements for participation in the Program.
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.
(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.
(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(f) Notwithstanding any law to the contrary, the department of transportation may:
(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:
(A) Climate mitigation and adaptation;
(B) Noise and visual buffer zones and barriers;
(C) Transportation projects pursuant to section 264‑142;
(D) This section; or
(E) Title 15;
(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and
(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation; provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.
(g) The department of transportation may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969 (42 U.S.C. §4321 et seq.) and with respect to duties under other federal environmental laws as they apply to designated transportation projects. The department of transportation may:
(1) Assume responsibilities under title 23 United States Code sections 326 and 327;
(2) Enter into one or more agreements, including memoranda of understanding, with the United States Secretary of Transportation related to:
(A) Designating categorical exclusions from federally required environmental assessments or impact statements for transportation projects as provided by title 23 United States Code section 326; or
(B) The federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects as provided by title 23 United States Code section 327; and
(3) Adopt rules pursuant to chapter 91 to implement this subsection and adopt relevant federal environmental standards as the standards for this State for a program described in this subsection.
(h) Except as provided below, sovereign immunity to suit in federal court and from liability is waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department of transportation under subsection (g). The waiver under this subsection shall not create liability for the department of transportation that exceeds the liability created under title 23 United States Code section 326 or 327 and shall only be valid if:
(1) The department of transportation executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by title 23 United States Code sections 326(c) and 327(c);
(2) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department of transportation pursuant to title 23 United States Code sections 326 and 327; and
(3) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred."
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
DOT; National Environmental Policy Act; NEPA Assignment
Description:
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements under 23 U.S.C. §§326 and 327. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
3154 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.
(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.
(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(f) Notwithstanding any law to the contrary, the department of transportation may:
(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:
(A) Climate mitigation and adaptation;
(B) Noise and visual buffer zones and barriers;
(C) Transportation projects pursuant to section 264-142;
(D) This section; or
(E) Title 15;
(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and
(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation; provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.
(g) The department may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969 (42 U.S.C. §4321 et seq.) and with respect to duties under other federal environmental laws as they apply to designated transportation projects. The department may:
(1) Assume responsibilities under title 23 United States Code sections 326 and 327;
(2) Enter into one or more agreements, including memoranda of understanding, with the United States Secretary of Transportation related to:
(A) Designating categorical exclusions from federally required environmental assessments or impact statements for transportation projects as provided by title 23 United States Code section 326; or
(B) The federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects as provided by title 23 United States Code section 327; and
(3) Adopt rules pursuant to chapter 91 to implement this subsection and adopt relevant federal environmental standards as the standards for this State for a program described in this subsection.
(h) Except as provided below, sovereign immunity to suit in federal court and from liability is waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department under subsection (g). The waiver under this subsection does not create liability for the department that exceeds the liability created under title 23 United States Code section 326 or 327 and shall only be valid if:
(1) The department executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by title 23 United States Code sections 326(c) and 327(c);
(2) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to title 23 United States Code sections 326 and 327; and
(3) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred."
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
____________________________ |
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BY REQUEST |
Report Title:
DOT; National Environmental Policy Act; NEPA Assignment
Description:
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements under 23 U.S.C. §§326 and 327.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 26, 2026 | Act 038, on 05/26/2026 (Gov. Msg. No. 1138). |
| May 26, 2026 | Act 038, 05/26/2026 (Gov. Msg. No. 1138). |
| May 7, 2026 | Enrolled to Governor. |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Cochran, Iwamoto voting no (2) and none excused (0). |
| May 5, 2026 | Received notice of Final Reading (Sen. Com. No. 814). |
| May 1, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Fukunaga). |
| May 1, 2026 | Deferred one day 05-06-26. |
| Apr 29, 2026 | Forty-eight (48) hours notice Friday, 05-01-26. |
| Apr 29, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 23-26) as amended in (CD 1). |
| Apr 29, 2026 | 48 Hrs. Notice (as amended CD 1) 05-01-26. |
| Apr 29, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 23-26). |
| Apr 24, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Kila, Lowen, Tarnas; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Muraoka. |
| Apr 24, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Inouye, Gabbard, Rhoads, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 22, 2026 | Conference committee meeting scheduled for 04-24-26 9:30AM; CR 329. |
| Apr 21, 2026 | Received notice of Senate conferees (Sen. Com. No. 718). |
| Apr 21, 2026 | Senate Conferees Appointed: Inouye Chair; Gabbard, Rhoads Co-Chairs; DeCorte. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 787). |
| Apr 20, 2026 | House Conferees Appointed: Kila, Lowen, Tarnas Co-Chairs; Muraoka. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 756). |
| Apr 14, 2026 | Passed Third Reading as amended in HD 2 with Representative(s) Cochran, Garcia, Poepoe voting aye with reservations; Representative(s) Iwamoto voting no (1) and none excused (0). Transmitted to Senate. |
| Apr 10, 2026 | Deferred one day 04-14-26. |
| Apr 8, 2026 | Forty-eight (48) hours notice Friday, 04-10-26. |
| Apr 8, 2026 | Reported from JHA (Stand. Com. Rep. No. 1826-26) as amended in HD 2, recommending passage on Third Reading. |
| Apr 2, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: Representative(s) Cochran; Noes: none; and 2 Excused: Representative(s) Belatti, Sayama. |
| Mar 31, 2026 | Bill scheduled to be heard by JHA on Thursday, 04-02-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 30, 2026 | Report adopted; referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4). |
| Mar 30, 2026 | Reported from EEP (Stand. Com. Rep. No. 1437-26), recommending referral to JHA. |
| Mar 24, 2026 | The committee on EEP recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 5 Ayes: Representative(s) Lowen, Perruso, Chun, Kusch, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Kahaloa, Quinlan. |
| Mar 20, 2026 | Bill scheduled to be heard by EEP on Tuesday, 03-24-26 10:00AM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 19, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on EEP with none voting aye with reservations; none voting no (0) and none excused (0). |
| Mar 19, 2026 | Reported from TRN (Stand. Com. Rep. No. 1229-26) as amended in HD 1, recommending passage on Second Reading and referral to EEP. |
| Mar 17, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Kila, Miyake, Cochran, Evslin, Grandinetti, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 12, 2026 | Bill scheduled to be heard by TRN on Tuesday, 03-17-26 9:30AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to TRN, EEP, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 372) in amended form (SD 2). |
| Mar 10, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3050) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 5, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 25, 2026 | The committee(s) on JDC will hold a public decision making on 03-05-26 10:01AM; Conference Room 016 & Videoconference. |
| Feb 18, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 18, 2026 | Reported from TRS/AEN (Stand. Com. Rep. No. 2323) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 13, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 5 Aye(s): Senator(s) Gabbard, Richards, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 13, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TRS were as follows: 3 Aye(s): Senator(s) Inouye, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Elefante, Lee, C.. |
| Feb 10, 2026 | The committee(s) on TRS/AEN has scheduled a public hearing on 02-13-26 3:00PM; Conference Room 224 & Videoconference. |
| Feb 2, 2026 | Referred to TRS/AEN, JDC. |
| Jan 28, 2026 | Passed First Reading. |
| Jan 28, 2026 | Introduced. |
| Jan 26, 2026 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| May 6, 2026 | Final Reading | House Floor |
Passed |
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| May 1, 2026 | Final Reading | Senate Floor |
Passed |
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Apr 2, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 24, 2026 | The committee on EEP recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Energy & Environmental Protection |
Passed |
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| Mar 17, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 5, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 13, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Agriculture and Environment |
Passed |
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| Feb 13, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Department of Transportation | ** Support | |
| Department of Transportation, State of Hawaiʻi | *** Support | Apr 2, 2026 |
| Land Use Research Foundation of Hawaiʻi | *** Support | Apr 2, 2026 |
STAND. COM. REP. NO. 3050
Honolulu, Hawaii
RE: S.B. No. 3154
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 3154, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements under title 23 United States Code sections 326 and 327.
Your Committee received testimony in support of this measure from the Department of Transportation and four individuals.
Your Committee finds that the National Environmental Policy Act (NEPA) Assignment Program is a well-established federal program that allows qualified state departments of transportation to assume certain federal environmental review responsibilities while remaining fully accountable under federal environmental law. By enacting the NEPA Assignment Program in the State, this measure affords the Department of Transportation greater control over project timelines and reduces dependency on federal agencies. This measure therefore enhances the Department's autonomy, which will improve the efficiency of transportation infrastructure development, support economic growth and public safety, and maintain environmental safeguards and public transparency.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3154, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3154, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2323
Honolulu, Hawaii
RE: S.B. No. 3154
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Transportation and Agriculture and Environment, to which was referred S.B. No. 3154 entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews; and
(2) Provide a limited waiver of sovereign immunity to comply with federal requirements under 23 U.S.C. sections 326 and 327.
Your Committees received testimony in support of this measure from the Department of Transportation.
Your Committees find that the National Environmental Policy Act of 1969 (NEPA) allows state departments of transportation to assume federal environmental review responsibilities for highway and other transportation projects. Currently, the Department of Transportation is not authorized to assume NEPA responsibilities, enter memoranda of understanding with the United States Department of Transportation, or adopt federal environmental standards as state standards. This measure will authorize the Department of Transportation to assume federal environmental review responsibilities, enhancing the Department's ability to deliver critical infrastructure projects while maintaining environmental protections.
Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Transportation and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3154, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3154, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Transportation and Agriculture and Environment,
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________________________________ MIKE GABBARD, Chair |
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________________________________ LORRAINE R. INOUYE, Chair |
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Date
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Testimony PDF
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| Apr 2, 2026 | SB3154_HD1_TESTIMONY_JHA_04-02-26_.PDF |
| Mar 24, 2026 | SB3154_HD1_TESTIMONY_EEP_03-24-26_.PDF |
| Mar 16, 2026 | SB3154_SD2_TESTIMONY_TRN_03-17-26_.PDF |
| Mar 3, 2026 | SB3154_SD1_TESTIMONY_JDC_03-05-26_.PDF |
| Feb 13, 2026 | SB3154_TESTIMONY_AEN-TRS_02-13-26_.PDF |
Discussed in Hearing
3MIN
Conference Committee
51SEC
House Standing Committee on Judiciary & Hawaiian Affairs
34SEC
House Standing Committee on Judiciary & Hawaiian Affairs
32SEC
House Standing Committee on Energy & Environmental Protection
1MIN
House Standing Committee on Energy & Environmental Protection
49SEC
House Standing Committee on Transportation
2MIN
House Standing Committee on Transportation
26SEC
Senate Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):