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Senate committee pauses bill to give Department of Land and Natural Resources broader interim-rule powers after sharp public pushback
Summary
A bill that would let the Board of Land and Natural Resources issue two-year interim rules for new ocean equipment and activities drew heavy opposition from watersports groups and was deferred indefinitely by the Senate Committee on Water and Land.
The Senate Committee on Water and Land on Feb. 10 deferred indefinitely a bill that would have allowed the Board of Land and Natural Resources to adopt two-year interim rules to address changed circumstances in coastal waters and recreational use.
Supporters said the bill (SB 14-57) would create an adaptive-management tool so the board could respond quickly to new equipment, large increases in use or sudden environmental threats. Don Chang of the Department of Land and Natural Resources told the committee the bill is “not just regulating equipment” but would allow the department to “more quickly respond” to changed circumstances and still require later public hearings and permanent rules.
Opponents — largely from the wing- and foil-surfing communities — urged rejection or narrower language, saying the proposal would shrink public participation and could be applied too broadly. Eli Spivak, administrator of the Maui Wing Foiling and Windsurfing Facebook group, said he “oppose[d] this bill” and argued a change from a 120-day emergency period to a two-year interim rule “doesn’t make sense.” Alika Ferrera, an Oahu e-foil instructor, said SB 14-57 “appears to me that this bill aims to accelerate the process of making rules, increase the board’s power, and reduce public participation.”
Megan Stats, voting administrator for the Division of Boating, told senators the division has held conversations with foiling communities and that the proposal is not aimed specifically at e-foils. She said the existing emergency-rule process — 120 days — is “not long enough,” and that the bill seeks similar authority already granted for forestry, state parks and aquatic resources because formal rulemaking can take one to two years.
Committee members noted the volume of written opposition: testimony submitted to the committee showed substantially more comments against the bill than in support. After extended public testimony and questions from senators about due process and possible overreach, the committee’s chair recommended deferral. The chair’s recommendation to defer the bill indefinitely was recorded during decision-making and accepted by the committee.
The bill’s supporters and critics both asked for more targeted language and outreach. Senators discussed options such as shortening the interim period to 12 months and adding clearer limits on the kinds of actions that would trigger interim rules.
The committee did not adopt any interim- or amended text at the Feb. 10 hearing and took no final action on permanent rule changes. The decision to defer leaves open further work with stakeholders if legislators seek a narrower or more time-limited tool in future sessions.
Ending: With the measure deferred, proponents and opponents said they expect further talks between DLNR and water-sports stakeholders before any renewed legislative effort.
