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Environmental groups and OHA warn bill to expand SMA exemptions is overbroad; committee advances amended measure
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Summary
Opponents including the Office of Hawaiian Affairs and Sierra Club told the Senate committee HB 1823 would roll back critical shore‑area protections by exempting a broad list of projects from Special Management Area permits; sponsors and OPSD said amendments will narrow the scope and the committee advanced the bill for further work focused on Lahaina and clarifying language.
Senators drew extended testimony and debate over HB 1823, a bill that would exempt certain activities from Special Management Area (SMA) permit requirements and, in some cases, exempt state, federal and county infrastructure projects from environmental assessment requirements.
Lealoha Makuinani of the Office of Hawaiian Affairs told the committee the bill "uses language that overextends the bill's stated intent to streamline essential public infrastructure" and warned it could sweep in private development approved by an agency. OHA urged the committee to defer the measure.
An OPSD representative (state planning operations) pushed back on some criticisms, saying shoreline areas and SMA boundaries are distinct and that shoreline setback protections remain intact. OPSD said exemptions currently require a published notice of exemption in the environmental notice, and environmental assessments (EAs) and environmental impact statements (EISs) would still require public notice and hearings where appropriate.
Sierra Club testified the bill is overbroad and could remove SMA oversight even where projects have significant or cumulative impacts. A Sierra Club speaker said language on page 3 (lines 12–14) could be read to exempt a long list of actions from SMA review regardless of impacts.
Senators pressed OPSD and other testifiers to propose drafting fixes. The chair said the committee would adopt language from a Senate companion and make amendments to focus the measure on Lahaina and to clarify the definition of “international cooperative agreement” and the list of exempted actions.
Outcome: The committee adopted amendments to narrow the bill’s focus and to incorporate recommendations from OPSD; the measure was passed out of committee to the next committee with amendments for further stakeholder work.
Context: Testimony reflected a split between streamlining infrastructure delivery and maintaining SMA review safeguards, especially in coastal communities with cultural and shoreline sensitivities.
