SB 617: RELATING TO THE ENVIRONMENT.

A BILL FOR AN ACT

RELATING TO THE ENVIRONMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that people of color bear the heavy burden of environmental racism and have been systemically excluded from decision-making matters impacting their environment.  The legislature further finds that people of color are unequally protected against environmental hazards stemming from projects that are deliberately located in certain communities.  This inequitable treatment results in disproportionate exposure to toxic chemicals and hazardous waste in communities on the west side of Oahu, such as Ewa, Kapolei, Nanakuli, Makaha, Maili, and Waianae; Kahuku; Laie; and Waimanalo.

     The legislature finds the environmental concerns of these communities are not being adequately addressed.  Accordingly, the legislature believes that future projects that have an environmental impact, such as landfills, industrial energy projects, and projects that affect access to clean water, should be subject to public hearings in the communities that will be affected by those projects.

     Accordingly, the purpose of this Act is to require, for each draft environmental impact statement, a public hearing in the community directly affected by the underlying proposed action.

     SECTION 2.  Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§343-    Public hearings; affected communities.  (a)  Each draft environmental impact statement that is subject to a public review and comment period pursuant to section 343-5 shall also be subject to a public hearing, to be conducted by the office on the last day of the public review and comment period, within the community directly affected by the proposed action.

     (b)  The office shall adopt rules pursuant to chapter 91 necessary for the purposes of this section, including rules to:

     (1)  Determine a community directly affected by a proposed action; and

     (2)  Establish procedures for giving timely notice to the public of each public hearing."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Proposed Actions; Environmental Impact Statements; Hearings; Notice

Description:

Requires, for each draft environmental impact statement, a public hearing in the community directly affected by the underlying proposed action.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE ENVIRONMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that people of color bear the heavy burden of environmental racism and have been systemically excluded from decision-making matters impacting their environment.  The legislature further finds that people of color are unequally protected against environmental hazards stemming from projects that are deliberately located in certain communities.  This unequal treatment results in disproportionate exposure to toxic chemicals and hazardous waste in communities on the west side of Oahu, such as Ewa, Kapolei, Nanakuli, Makaha, Maili, and Waianae; Kahuku; Laie; and Waimanalo.

     The legislature finds the environmental concerns of these communities are not being adequately addressed.  Accordingly, the legislature believes that future projects that have an environmental impact, such as landfills, industrial energy projects, and projects that affect access to clean water, should be subject to public hearings in communities that will be directly affected by those projects.

     Accordingly, the purpose of this Act is to require for each draft environmental assessment and draft environmental impact statement a public hearing in any community that will be directly affected by the underlying proposed action.

     SECTION 2.  Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§343-     Public hearings; affected communities.  (a)  Each draft environmental assessment and draft environmental impact statement that is subject to a public review and comment period pursuant to section 343-5 shall also be subject to a public hearing, to be conducted by the office on the last day of the public review and comment period, within any community that shall be directly affected by the proposed action.

     (b)  The office shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section, including rules to:

     (1)  Determine a community directly affected by a proposed action; and

     (2)  Establish procedures for giving timely notice to the public of each public hearing."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Proposed Actions; Environmental Impact Statements; Hearings

Description:

Requires for each draft environmental assessment and draft environmental impact statement a public hearing in the community directly affected by the underlying proposed action.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 634

Honolulu, Hawaii

RE:    S.B. No. 617

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Government Operations, to which was referred S.B. No. 617 entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require each draft environmental assessment or draft environmental impact statement to receive a public hearing in the community directly affected by the underlying proposed action; and

     (2)  Require the Office of Planning and Sustainable Development to adopt administrative rules.

     Your Committees received testimony in support of this measure from Animal Rights Hawaiʻi and two individuals.

     Your Committees received comments on this measure from the Department of Land and Natural Resources and Office of Planning and Sustainable Development.

     Your Committees find that there are concerns from many communities in the State that they do not have an adequate voice in the decisions that directly affect them, including proposed land use actions.  Your Committees note that holding public hearings in communities directly affected by a proposed action would ensure that areas that are often underserved and underrepresented receive an opportunity for direct input and engagement with critical issues that require environmental assessments or environmental impact statements.  Your Committees note that the existing environmental review process requires a thirty-day public comment period on a draft environmental assessment.  According to testimony received by your Committees, the administrative burden to conduct all the public hearings required in this measure would be substantial.  Amendments to this measure are therefore necessary to address this concern.

     Accordingly, your Committees have amended this measure by:

     (1)  Requiring each draft environmental impact statement to receive a public hearing in the community affected by the underlying proposed action; and

     (2)  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 Agriculture and Environment and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 617, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 617, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Government Operations,