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GM 1170

Informing the Legislature that on June 3, 2026, the Governor signed the following bill into law: HB1823 HD2 SD2 CD2 (ACT 070).

2026 Regular Session

The act broadens SMA permit exemptions for federal, state, and county infrastructure projects that are EA-exempt or have a FONSI, streamlining approvals in targeted Hawaii counties

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Bill Summary · GM 1170

Overview

GM 1170 is a Hawaii Department of the Governor informing document noting that HB 1823, HD2, SD2, CD2 (Act 070) was signed into law on June 3, 2026. The act relates to the Coastal Zone Management Act and creates a targeted exemption from certain special management area (SMA) permit requirements for specific infrastructure and improvement projects funded or implemented by federal, state, or county governments, under defined conditions.

Main purpose and intent

  • Streamline delivery of essential public infrastructure by clarifying and expanding exemptions from SMA use permit requirements.
  • Align the Hawaii SMA framework with projects that are exempt from environmental assessment (EA) or that have a finding of no significant impact (FONSI) under environmental review statutes.
  • Limit slowdowns in critical public works by exempting non-development activities as defined in the act, while retaining safeguards to prevent cumulative or significant environmental effects.

Key provisions and changes

  • Adds a new section to Chapter 205A, Hawaii Revised Statutes, applying to certain counties with populations between 150,000 and 200,000.
  • Defines “development” in the SMA context to include common, potentially impactful activities (e.g., placement of waste, dredging, land-use changes, construction or alteration of structures) but creates a comprehensive list of exemptions.
  • Exemptions (from SMA use permit requirements) cover a broad set of activities, including but not limited to:
    • Construction or reconstruction of small single-family residences (under 7,500 sq ft, not shoreline-adjacent or storm-surge-impacted, and not part of a larger development).
    • Routine maintenance and repair activities (roads within rights-of-way, underground utility lines, drainage work).
    • Zoning variances (excluding certain aspects like height, density, parking, shoreline setbacks).
    • Demolition or removal of structures (with exceptions for historic sites).
    • Agricultural, horticultural, forestry, aquaculture activities.
    • Land transfers, certain land subdivisions, and related minor land-use actions.
    • Installation and maintenance of utilities, emergency management devices, and public facilities improvements.
    • Hawaiian traditional practices near or around loko iʻa (traditional fishponds).
    • Reconstruction after disasters, provided conditions apply (not on shoreline, commence within six years, footprint remains similar, complies with floodplain standards).
    • Infrastructure and improvement projects funded or implemented by federal, state, or county authorities that are exempt from EA or have a FONSI under Chapter 343; infrastructure includes water, wastewater, drainage, utilities, and highway improvements.
  • If an authority determines that an excluded use could have a cumulative or significant environmental/ecological impact, it can be deemed “development,” re-subject to SMA requirements.

Who/what is affected

  • Targeted counties with populations roughly 150,000–200,000 (as specified in the statute) are affected.
  • Projects that are federal-, state-, or county-funded, authorized, or implemented, and that are exempt from EA or have a FONSI, may qualify for SMA exemptions if they meet the defined criteria.
  • Government agencies (federal, state, and county) proposing essential infrastructure projects may experience streamlined permitting processes for eligible activities.

Timeline and procedural notes

  • Effective date: upon approval (Act 070), with a sunset provision: the act repeals on June 30, 2030.
  • The act does not affect pre-existing rights, penalties, or ongoing proceedings as of its effective date.
  • The document includes the Governor’s signature date (June 3, 2026) and confirmation of passage by the Legislature.

If you’d like, I can add a brief comparison to prior SMA exemptions or provide a district-by-district impact outline.

Compiled from official sources — confirm details with the bill’s official record.

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