|
THE SENATE |
S.B. NO. |
3252 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CLIMATE PLANNING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
However, the legislature finds that the co-chairs responsible for the commission agenda and resulting work may have inherent conflicts of interest that have prevented the commission from fulfilling the vast majority of its statutorily mandated duties, resulting in missed opportunities to reduce climate-related impacts and costs for Hawaii residents.
The legislature notes that the tasks assigned by statute to the commission were, in relevant part, to "identify existing climate change mitigation and adaptation efforts at the federal, state, and local levels and make recommendations for how to meet or exceed Hawaii's state mitigation goals[,]" to "adopt a liberal approach in preparation, so as to minimize future risk to the people and environment of Hawaii[,]" to "assess the capacity and availability of existing resources and identify new sources of revenue necessary to address climate change mitigation and adaptation and [to] advise the governor, legislature, and counties on the economic and budgetary ramifications of climate change impacts, mitigation, and adaptation[,]" and to "identify the information necessary to track progress in implementing climate change mitigation and adaptation efforts and [to] conduct a comprehensive review of the implementation as required by this section[.]"
The legislature finds that, while the coordinator has done remarkable work with minimal resources under the commission's direction, the broader commission agenda, as set by the co‑chairs, has yet to consider, evaluate, or deliver meaningful recommendations, policies, and progress evaluations as required by statute.
The legislature also finds that reforming the commission's structure can eliminate the potential conflicts of interest that have prevented the commission from performing its duties as required by law. Currently, the co-chairs of the commission, the head of the office of planning and sustainable development, and the chair of the department of land and natural resources, appear to be conflicted, as they are tasked with evaluating fellow departments on progress, which can naturally lead to conflicts within the executive branch of government. The co‑chairs are also tasked with making recommendations to fellow departments and the legislature, which can conflict with the policy and budget priorities set by the administration.
The legislature believes these structural conflicts must be resolved. Accordingly, the purpose of this Act is to:
(1) Restructure the leadership of the climate change mitigation and adaptation commission to reduce the conflicts of interest that may be contributing to the commission co-chairs' failure to set an agenda that meets the requirements of the law; and
(2) Provide additional capacity for the commission to do the work intended by statute, including identifying and providing strategies and recommendations to the legislature and departments, which can inform planning and implementation by the office of planning and sustainable development, and other agencies.
SECTION 2. Section 225P-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Coordinator"
means the climate change mitigation and adaptation coordinator."
SECTION 3. Section 225P-3, Hawaii Revised Statutes, is amended to read as follows:
"§225P-3 Hawaii climate change mitigation and adaptation commission; general functions, duties, and powers. (a) There is established the Hawaii climate change mitigation and adaptation commission that shall be placed within the department of land and natural resources for administrative purposes only.
(b)
Coordination of the commission shall be headed [jointly by the
chairperson of the board of land and natural resources, or the chairperson's
designee, and the director of the office of planning and sustainable
development, or the director's designee.] by the climate
change mitigation and adaptation coordinator.
(c) The commission shall include the following members:
(1) The coordinator, who shall serve as
the chairperson of the commission;
[(1)] (2) The chairs of the standing committees of the legislature with
subject matter jurisdiction encompassing environmental protection and land use;
[(2)] (3)
The chairperson of the board of land and natural resources or the
chairperson's designee[, who shall be the co-chair of the commission];
[(3)] (4)
The director of the office of planning and sustainable
development or the director's designee[, who shall be the co-chair of the commission];
[(4)] (5)
The director of business, economic development, and tourism or
the director's designee;
[(5)] (6)
The chairperson of the board of directors of the Hawaii tourism
authority or the chairperson's designee;
[(6)] (7)
The chairperson of the board of agriculture and biosecurity or
the chairperson's designee;
[(7)] (8)
The chief executive officer of the office of Hawaiian affairs or
the officer's designee;
[(8)] (9)
The chairperson of the Hawaiian homes commission or the
chairperson's designee;
[(9)] (10)
The director of transportation or the director's designee;
[(10)] (11)
The director of health or the director's designee;
[(11) The adjutant general or the adjutant
general's designee;]
(12) The administrator of the Hawaii emergency management agency or the administrator's designee;
[(12)] (13)
The chairperson of the board of education or the chairperson's
designee;
[(13)] (14)
The directors of each of the county planning departments[,]
or the directors' designees; and
[(14) The manager of the coastal zone
management program.]
(15) The comptroller or comptroller's designee.
(d) In addition to the members listed in
subsection (c), the [chairs of the commission] coordinator may request the
participation or input of members of the public; experts in the field; and
county, state, or federal officials or others as necessary.
(e) The members of the commission shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.
[(f) The commission shall provide policy
direction, facilitation, coordination, and planning among state and county
agencies, federal agencies, and other partners as appropriate.
(g) The commission shall establish climate change
mitigation and adaptation strategies and goals to help guide planning and
implementation statewide using the latest scientific analysis and risk
assessment to monitor and forecast climate change related impacts at the
regional, state, and local level, including any additional information deemed
necessary.
(h) The commission shall identify vulnerable
people, communities, industries, ecosystems, and the potential economic
ramifications for climate change related impacts.
(i) The commission shall identify existing
climate change mitigation and adaptation efforts at the federal, state, and
local levels and make recommendations for how to meet or exceed Hawaii's state
mitigation goals and shall adopt a liberal approach in preparation, so as to
minimize future risk to the people and environment of Hawaii.
(j) The commission shall assess the capacity and
availability of existing resources and identify new sources of revenue
necessary to address climate change mitigation and adaptation and shall advise
the governor, legislature, and counties on the economic and budgetary
ramifications of climate change impacts, mitigation, and adaptation.
(k) The commission shall identify the information
necessary to track progress in implementing climate change mitigation and
adaptation efforts and shall submit an annual report to the governor and
legislature no later than twenty days prior to the convening of each regular
session of the legislature.
(l) The commission shall maintain a website that
includes a mission statement as well as access to climate change related
actions, plans, policies, and results.
(m) The commission shall conduct a comprehensive
review of the implementation as required by this section and submit a report to
the governor, legislature, and the counties no later than twenty days prior to
the convening of the regular session of 2023 and every five years thereafter.
(n) The commission shall, as a first step, focus
on and develop sea level rise vulnerability and adaptation reports that shall
include:
(1) Identification of the major areas of
sea level rise impacts affecting the State and counties through 2050;
(2) Identification of expected impacts
of sea level rise based on the latest scientific research for each area through
2050;
(3) Identification of the economic
ramifications of sea level rise;
(4) Identification of applicable federal
laws, policies, or programs that impact affected areas; and
(5) Recommendations for planning,
management, and adaptation for hazards associated with increasing sea level
rise.
The
reports shall be made publicly available no later than December 31, 2017, and
the commission shall reevaluate and update the sea level rise vulnerability and
adaptation report every five years.
(o) In developing the report, pursuant to
subsection (n), the commission shall:
(1) Solicit public views and concerns;
and
(2) Coordinate with the various county,
state, and federal agencies involved in ongoing
climate change adaptation planning initiatives.]
(f) Each state department having an officer or
employee as a member of the commission shall submit to the commission a report
containing the department's plans and proposed courses of action to meet or
exceed the State's climate mitigation and adaptation directives and
targets. The coordinator shall assist
the departments in complying with this subsection and shall make the reports
publicly available.
(g) The commission may enter into contracts for
the procurement of goods and services to advance climate change mitigation and
adaptation.
(h) The coordinator may hire staff necessary to
carry out the purposes of this section.
(i) The coordinator shall:
(1) Provide policy direction,
facilitation, coordination, and planning among state and county agencies,
federal agencies, and other partners as appropriate;
(2) Establish climate change mitigation
and adaptation strategies and goals to help guide statewide planning and
implementation using the latest scientific analyses and risk assessments to
monitor and forecast climate change-related impacts at the state and county
levels;
(3) Identify vulnerable people,
communities, industries, and ecosystems, and the potential short- and long-term
ramifications of climate-related impacts for public health, economics, and the
environment, based on the latest and best international models;
(4) Identify existing climate change
mitigation and adaptation efforts in other jurisdictions and make
recommendations for how to implement similar efforts in the State to meet or
exceed the State's climate change mitigation and adaptation goals. In establishing the recommendations, the
coordinator shall adopt an approach that minimizes future risk to the people
and environment of the State;
(5) Assess the capacity and availability
of existing resources; identify any new sources of revenue necessary to address
climate change mitigation and adaptation; and advise the governor, legislature,
and counties on the economic and budgetary ramifications of climate change
impacts, mitigation, and adaptation, including current or future costs for both
the government and residents that may be avoided or reduced through mitigation
or adaptation strategies, based on the latest and best international models;
(6) Evaluate the State's progress toward
reaching climate mitigation and adaptation directives and targets, including
identifying the information necessary to track progress in implementing climate
change mitigation and adaptation efforts;
(7) Maintain a website that includes a
mission statement as well as access to climate change-related actions, plans,
policies, and results;
(8) Contract for services if required
for the implementation of this chapter; and
(9) Conduct a comprehensive review of
the efforts required by this section and submit a report to the governor,
legislature, and counties no later than twenty days prior to each regular
session that includes:
(A) Updated information related to
paragraphs (1) through (6), including expected climate impacts on the public
health, environment, and economy of the State based on the latest science; any
current or future costs for both the government and residents that may be
avoided or reduced through the latest mitigation or adaptation strategies; and
the overall progress toward the State's climate mitigation and adaptation
directives and targets, as established by law; and
(B) For each state department having an
officer or employee as a member of the commission and the department's
respective jurisdiction:
(i) An update on the top three states, excluding the State,
demonstrating the most progress on climate mitigation and adaptation related to
the jurisdiction of that department, including an overview of that state's
contributing policies, programs, projects, and best practices;
(ii) No fewer than five other examples of the most innovative and successful government projects, programs, policies, and best practices relevant to the jurisdiction of that department that have been developed or implemented by other countries, states, cities, or jurisdictions and that may help accelerate the department's success in meeting the climate mitigation and adaptation directives and targets established by law;
(iii) The department's current plans and efforts
to meet the climate mitigation and adaptation directives and targets established
by law; and
(iv) Recommendations for improving the
department's current plans and proposed courses of action to better meet and
exceed the State's climate-related targets.
(j) After December 31, 2026, all department and
agency plans and decisions shall consider the recommendations made pursuant to
this chapter."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the following positions within the Hawaii climate change mitigation and adaptation commission:
(1) Four full-time equivalent (4.0 FTE) specialist positions, exempt from chapter 76, Hawaii Revised Statutes;
(2) One full-time equivalent (1.0 FTE) account clerk V; and
(3) One full-time equivalent (1.0 FTE) office manager;
and other expenses, including contracts entered into under chapter 225P, Hawaii Revised Statutes.
The sum appropriated shall be expended by the Hawaii climate change mitigation and adaptation commission for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
DLNR; HCCMAC; Climate Change; Positions; Appropriation; Reports
Description:
Amends the powers and duties of the Hawaii Climate Change Mitigation and Adaptation Commission administered by the Department of Land and Natural Resources. Establishes a Climate Change Mitigation and Adaptation Commission Coordinator position to lead the Commission. Requires annual reports to the Governor, Legislature, and counties. Establishes six full-time equivalent positions within the Hawaii Climate Change Mitigation and Adaptation Commission. Appropriates funds. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.