First Lateral Update

Today is February 19th, also known as “First Lateral.” This means that by today, all bills that have been referred to multiple committees must move to their final committee in their originating chamber to stay alive. Below is an update on some of our priorities:

Top good bills we support that are still alive:

  • HB554/SB474 - SEA LEVEL RISE SELLER DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.

    • HB554 needs a hearing in CPC Committee by Fri. 3/5.

    • SB474 needs a hearing in CPN/JDC Committees by Fri. 3/5.

  • HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

    • HB243 needs a hearing in FIN Committee by Fri. 3/5.

  • HB552/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles.

    • HB552 needs a hearing in FIN Committee by Fri. 3/5.

    • SB920 needs a hearing in WAM Committee by Fri. 3/5.

  • SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

    • SB512 has made it through the Senate and no action is needed until it crosses over to the House.

Top bad bills we oppose that are still alive:

  • HB1015/SB1169 - ALLOWS DIRECT NEGOTIATION OF WATER LICENSES (COMMENTS) - Allows the Board of Land and Natural Resources to issue long-term water licenses for the diversions of public streams via direct negotiations as an alternative to a public auction process. Learn more here.

    • HB1015 needs a hearing in FIN Committee by Fri. 3/5.

    • SB1169 needs a hearing in JDC Committee by Fri. 3/5.

  • HB686- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a Class C Felony to protest at energy infrastructure sites.

    • HB686 has made it through the House and we will need to stop it after it crosses over to the Senate.

  • SB1237 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%.

    • SB1237 needs a hearing in WAM Committee by Fri. 3/5.

  • HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

    • HB469 needs a hearing in FIN Committee by Fri. 3/5.

    • SB693 needs a hearing in JDC Committee by Fri. 3/5.

  • SB137 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing.

    • SB137 needs a hearing in WAM Committee by Fri. 3/5.

  • HB901/SB1055 - WEAKENS ENVIRONMENTAL IMPACT STATEMENTS LAW (OPPOSE) - Allows “secondary” infrastructure improvements within a highway or public right-of-way to be exempt from environmental assessment requirements.

    • HB901 needs a hearing in JHA Committee by Fri. 3/5.

    • SB1055 needs a hearing in JDC Committee by Fri. 3/5.

Thankfully, we no longer have to worry about these controversial or bad bills that are now dead for this session:

  • SB612- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a class C felony to protest at energy infrastructure sites. It was successfully deferred in the Senate Judiciary Committee.

  • HB341 - DECLARATORY RULINGS CANNOT BE APPEALED (OPPOSE) - This bill would limit people’s power to hold agencies accountable after they make decisions known as “declaratory rulings”. This bad bill is dead, after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • HB344 - ELIMINATES CONTESTED CASE HEARINGS (OPPOSE) - This bill would limit public participation in agency decisions on land and water use and instead force citizens to go to court. This bad bill passed the House Water and Land Committee, but is now dead after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • HB1173 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the cap amounts of the renewable energy technologies income tax credit. The House bill was not scheduled for a hearing in the Energy and Environmental Protection Committee. However, the Senate companion bill is still alive.

  • HB1258 - AMENDS THE STATE WATER CODE (OPPOSE) - This bill would have opened up the State Water Code, in particular water use permits, to amendments. This bill was heard and deferred in the House Water and Land Committee.

  • HB260 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing. This bill was not heard in the House Judiciary and Hawaiian Affairs Committee.

  • HB1319/SB546 - CARBON TAXES (COMMENTS) - These bills propose to amend Hawai‘i’s existing barrel or gas tax and gradually increase it to become a tax on carbon emissions. HB1319 was passed in the House Energy and Environmental Protection Committee but deferred in the Consumer Protection and Commerce Committee. The Senate companion bill SB546 was not scheduled for a hearing.

  • HB1143 - FIX THE RPS AND ESTABLISH RENEWABLE PORTFOLIO STANDARDS FOR GAS (COMMENTS) - This bill would fix language that overestimates Hawai‘i’s progress to 100% clean energy as well as establish a goal for “renewable natural gas.” This bill was passed in the House Energy and Environmental Protection Committee but not heard in the Consumer Protection and Commerce Committee.

  • SB942 - SOLAR ON B AND C-RATED AGRICULTURAL LANDS (WATCHING) - The Public Utilities Commission shall not approve a solar energy facility on B or C rated agricultural lands without a letter of approval from the Dept. of Agriculture. This bill was not scheduled for a hearing.

  • HB284/SB796 - WAIKIKI EXEMPTION TO COASTAL MANAGEMENT LAWS (WATCHING) - Exempts Waikiki from certain coastal zone management policies relating to beach protection and seawalls. Both the House and Senate bills were not scheduled for a hearing.

Unfortunately, these good bills are dead for this session:

  • HB1350 - ENVIRONMENTAL JUSTICE MAPPING (SUPPORT) - Requires the environmental council to develop a tool to identify economic justice communities. Defines "economic justice community". This bill was not heard by the House Judiciary and Hawaiian Affairs Committee.

  • SB1277 - ENVIRONMENTAL JUSTICE MAPPING AND TASK FORCE (SUPPORT) - Establishes the environmental justice mapping task force and an advisory council to develop high-quality data relating to environmental justice concerns, identify environmental justice communities, and devise a method to correct for racist and unjust practices leading to historical and current environmental injustices. This bill was not heard by the Senate Agriculture and Environment Committee.

  • HB696/SB889 - EIS REQUIREMENT FOR BIOMASS PROJECTS (SUPPORT) - Adds definitions of "biomass" and "fossil fuels", and amends the definition of "power generating facility" for purposes of environmental impact statements. Neither the House or Senate bill were scheduled for a hearing and died.

  • HB860 - SOLAR ON NEW HOMES (SUPPORT) - This bill would require new housing development projects to be constructed with rooftop solar panels. This bill was passed out of the House Energy and Environmental Protection Committee, but deferred in the Consumer Protection and Commerce Committee.

  • HB464 - STREAMS PROTECTION (SUPPORT) - Prohibits BLNR from authorizing the diversion of water from streams except under specified criteria. Deposits moneys collected via land dispositions that authorize or have the effect of authorizing the diversion of water from streams into the forest stewardship fund. This bill was not heard in the House Water and Land Committee.