STAND. COM. REP. NO. 28-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1979

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 1979 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL REVIEW,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Shorten the period for certain judicial proceedings involving environmental assessments and environmental impact statements on actions that propose the use of land for, or construction of, affordable housing or clean energy projects must be initiated; and

(2) Require judicial proceedings involving actions that propose the use of land for, or construction of, affordable housing or clean energy projects to be filed directly with the Supreme Court and prohibit the Supreme Court from awarding attorneys' fees in these judicial proceedings.

Your Committee received testimony in support of this measure from the Hawaii Community Development Authority; Kauaʻi Island Utility Cooperative; and five individuals. Your Committee received testimony in opposition to this measure from the Judiciary; 350Hawaii.org; The Outdoor Circle; Truth For the People; and numerous individuals. Your Committee received comments on this measure from the Office of Planning and Sustainable Development and Earthjustice.

Your Committee finds that promoting affordable housing and clean energy development is a major priority for the State and that judicial proceedings can significantly delay these projects. Your Committee recognizes the need to promote procedural efficiency so that any legal challenges to these projects can be brought and decided in a timely manner. This measure seeks to enhance judicial efficiency by establishing stricter time limits for the initiation of judicial proceedings and expedited appeals processes for cases involving environmental assessments and environmental impact statements for certain affordable housing and clean energy projects.

Your Committee has amended this measure by:

(1) Specifying that decisions involving these specific actions that are appealed from environmental courts meet one of the grounds for transfer to the Supreme Court, rather than providing the Supreme Court original jurisdiction;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

Your Committee notes the testimony from the Hawaii Community Development Authority recommending an amendment to the definition of "affordable housing project" to include certain ancillary uses and on-site or off-site infrastructure and requests your Committee on Housing to consider these amendments.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1979, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1979, H.D. 1, and be referred to your Committee on Housing.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair