OPPOSE HB1823 HD2 SD2 CD1: Bulldozed Coastal Protections
/May 11 Update
HB1823 HD2 SD2 CD2, watering down our coastal zone management act protections, was passed out of conference committee and then amended on the floor of both the House and Senate before being sent to the Governor’s desk.
In its final form, this measure will provide a five-year window where government-”authorized” infrastructure and “improvement” projects in Maui County, when found to have “no significant impacts” or to be categorically exempt from Hawaiʻi’s environmental review law, will not be subject to special management area (SMA) permit requirements.
The ambiguity of this language suggests that even private construction projects “authorized” by a county building permit would be eligible for the SMA permit exemption. Additional ambiguities raise questions as to whether SMA permit requirements may be waived for nearly two dozen other types of coastal activities, such as single residence construction, even if they are found to have cumulative or significant impacts. The committee and final drafts of this measure significantly expanded the scope of prior drafts approved by the Senate Water, Land, Culture and the Arts and Judiciary Committees, which did not include language potentially waiving SMA permit requirements for a vast range of coastal development activities, applied only to Lahaina, and was effective for only 3 years.
Thank you to all who advocated on this bill, including those who helped to mitigate its much more dangerous earlier drafts, and to call out the behind-the-scenes negotiations that led to a greatly expanded and concerning final version.
May 1 Update
Alert! HB1823 HD2 SD2 CD1 was passed by the Conference Committee on April 29, and it is not looking good for Maui county residents.
The last version of this bill applies only to Maui, and would do away with special management area permit requirements for a long list of activities that would otherwise require an SMA permit, if they may result in cumulative impacts or significant environmental effects. If this bill passes, things like constructing a single-family residence, demolishing structures, or installing underground utility lines in our coastal regions could take place without SMA permitting safeguards like public notice and community and expert input, regardless of the magnitude of potential impacts. While Maui, Molokaʻi, and Lānaʻi are specifically targeted, this bill establishes a precedent that pushes us in the entirely wrong direction when it comes to prudent planning for coastal development.
Please take a moment to call your legislators - find them by going to capitol.hawaii.gov/fyl - and calling and emailing them to please vote NO on HB1823 CD1. Sample message:
“Aloha, my name is ____ and I live in ____. Please do not vote to support HB1823 CD1, which fast-tracks coastal development by removing critical special management area permitting requirements for a range of activities in Maui county, like single home construction and demolition projects, regardless of their impacts and potential threats to coastal areas and communities. I urge you, please do NOT support HB1823 CD1. Mahalo nui.”
March 23 Update
HB1823 HD2 passed out of the Senate Water, Land, Culture and the Arts Committee on March 20, with significant amendments. While still problematic, amendments made in Committee will help to mitigate this bill's most dangerous unintended consequences. These amendments include the removal of language that could exempt a long list of coastal development activities from any special management area permit requirement, regardless of their impacts; additional provisions would also limit the applicability of this bill to certain areas in Lahaina.
Mahalo nui to the 36 individuals and organizations who submitted testimony in opposition.
March 21 Update
HB1823 HD2 is a BAD bill which would decimate our fundamental coastal protection laws by exempting a range of development activities from special management area permit requirements, even if they may result in cumulative impacts, and/or significant environmental and ecological effects on our coastal areas and nearshore waters. This bill has a hearing on Monday, March 23, at 1:05pm in Capitol room 224, before the Senate Water, Land, Culture and the Arts Committee (to be broadcast live on Youtube here).
February 26 Update
HB1823 HD1 was unfortunately passed by the House Committee on Judiciary & Hawaiian Affairs on February 24. This measure would decimate our fundamental coastal protection laws by exempting a range of development activities from special management area permit requirements. Amendments were made by the committee but they did not fully address our concerns.
Mahalo nui to the over 69 individuals and organizations who submitted testimony in opposition.
Bill Background & Info
Another measure that would fundamentally weaken development protections for our beaches and nearshore areas, is being heard on Tuesday, February 24 at 2pm in room 325 (watch online here) in the House Committee on Judiciary & Hawaiian Affairs.
Please take a moment to submit testimony to safeguard our islands from fast-tracked coastal development that could permanently impair our food security, cultural practices, recreational opportunities, housing affordability, and climate resilience - sample testimony below!
What this bill does
HB1823 HD1 would decimate our fundamental coastal protection laws by exempting a range of development activities from special management area permit requirements, even if they may result in cumulative impacts, and/or significant environmental and ecological effects on our coastal areas and nearshore waters.
Sample testimony for HB1823 HD2
Aloha Chair Lee, Vice Chair Inouye, and members of the Committee,
My name is [your name] and I STRONGLY OPPOSE HB1823 HD2.
This bill’s proposed new exemption from the definition of “development” would allow short-sighted taxpayer-funded coastal development projects, self-declared as exempt from environmental review, to avoid special management area permit requirements. This is highly problematic at best, given the high variability and sensitivity of our coastal areas, shorelines, and nearshore waters that require heightened mindfulness and project planning, and especially with the increasingly harsh effects of sea level rise, storm surges, king tides, and unprecedented floods on our coastal areas and communities.
Moreover, the current draft of this bill also seeks to exempt any of the activities listed in HRS §205A-22(2) - from home repair and construction, to fencing installation, to the reconstruction of outdated and potentially dangerous structures - from special management area permit requirements, even if they may threaten our shoreline and coastal areas with cumulative impacts or significant environmental and ecological effects. This is unacceptable, and will all but invite poor coastal planning and unintended consequences for our environment, cultural practices, human health and safety, recreational opportunities, and economic stability.
Our coastal areas are as fragile as they are important to our physical, cultural, ecological, recreational, and economic security and stability. Our special management area permitting processes accordingly provide a layer of review and oversight, including through public input, that can identify and mitigate the impacts of development activities on our cherished coastlines and nearshore areas. Special management area permitting should not be rolled back just to save a few weeks’ worth of time, when the consequences of doing so may last generations or longer.
Please do not turn our back to our rising seas. Please HOLD this misguided measure.
Sincerely,
[Your name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “HB1823” where it says "Enter Bill or Measure."
Input your information, select “OPPOSE”, write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).
Don’t forget to spread the word!