A controversial proposal to exempt certain development projects that cross state or county right-of-ways from environmental assessments has passed the critical halfway point this session.

The Chamber of Commerce of Hawai'i, among the primary proponents of the bill, said current interpretation of the state environmental review law makes relatively minor projects subject to costly and time-consuming environmental assessments because the project uses a state or county road right-of-way.

The environmental impact statement law was never intended to require public hearings on every private project using a public road, and projects that involve changing land use from agricultural to urban would still be required to complete an environmental assessment under the bill, the Chamber said. The bill, it said, would provide a fix if the state doesn't address the issue administratively.

But environmental groups say such a law could exempt potentially harmful projects from environmental review. They said the process already allows exemptions for small projects and that the proposal is premature given that lawmakers plan to require a comprehensive analysis of the state environmental review system.

The Senate bill is among the measures environmentalists are closely watching as lawmakers work through the second half of this legislative session.

So far, lawmakers have passed several bills that environmentalists are pleased with, including a collection of measures to chip away at Hawai'i's dependence on fossil fuels and bills to increase recycling and protect the Islands from invasive species.

But environmental groups are also deeply concerned with other measures, including bills that they say would open up farmlands to more development and alter existing state land use procedures.

"The effects of these bad land use bills far outweigh the benefits of the pro-environment measures," said Jeff Mikulina, director of the Sierra Club Hawai'i Chapter.

Another complicating factor is that many bills designed to protect the environment — from increasing the state's efforts to reduce greenhouse gas emissions to expanding the fight against reef-smothering invasive algae — will likely have to compete with other needs for funding in a tighter budget year.

"Basically, when the budget suffers, the environment suffers," said House Energy and Environmental Protection Committee Chairwoman Hermina Morita. "Especially with all this talk about sustainability, it's harder to put these practices into play when you're only looking at short-term solutions. And the way the economy is going, that's all we're looking at. We're in short-term survival mode."

Henry Curtis, executive director of environmental group Life of the Land, said he's disappointed.

"If we're serious in reducing greenhouse gas emissions, what will be the net effect of this legislative session? I don't see much ways of actually doing something about climate change," Curtis said. "Rather we're tinkering around the edges doing the minor things, some of which ... will have an impact, but when you look at the total impact of everything that we have at the Legislature, it's not a lot."

House and Senate leaders say the Legislature is pushing forward bills that will make a positive difference for Hawai'i's environment.

"I think in the end we will be able to say it was a very good year for the environment," said Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau). But he added that he has serious concerns about some land use bills, saying: "We need to look very closely at all bills that impact changes in land use law."

Bills that concern environmentalists include a measure that would make solar energy projects a state-permitted use on agricultural lands and a measure that would give counties sole authority to reclassify up to 50 acres of urban, rural and certain agricultural lands, up from the current 15 acres.

Another would open the door for landowners who designate agricultural lands as "important" to also seek reclassification of a smaller, proportionate area as urban or rural without going through the normal state land use law process, under certain conditions.

Critics say the measures bypass important state land use protocols, reduce opportunities for public input on projects, and would potentially increase development on agricultural lands.

House Majority Leader Kirk Caldwell, D-24th (Manoa), said those bills and others are designed to encourage landowners to preserve open space. He noted that lawmakers also advanced a measure to provide tax incentives to landowners who set aside land for conservation, a proposal supported by The Nature Conservancy.

"Yes, some of them are controversial, some of them are liked by one group and not another," Caldwell said. "But when you fly at 40,000 feet and look down at what we're doing, there's a trend here that's coming together that is going to create a real effort to keep our ag lands in ag and our open space open."

MAKING PROGRESS

Lawmakers appear to have made some progress in other areas relating to the environment, like promoting energy efficiency, encouraging recycling and battling invasive species.

For example, several energy-related bills, while individually appear to be minor, can together potentially save some households hundreds of dollars annually, said Mikulina of the Sierra Club.

"These bills taken alone, it's like 'big deal,' " he said. "But if you look at them collectively, it adds up."

They include measures to phase out standard incandescent light bulbs and replace them with more energy-efficient compact fluorescents or light-emitting diodes, nullify homeowner association bans on clotheslines, and increase opportunities for net energy metering.

Others would fund initiatives like the existing Greenhouse Gas Emissions Reduction Task Force and provide refundable renewable energy tax credits for those with low incomes or retirees whose sole source of taxable income is from pensions. Lawmakers are also considering raising the "state environmental response tax" on each barrel of oil sold in the state from 5 cents to 20 cents to help fund clean energy and environmental programs.

Morita also said she plans to hear a bill to require solar water heaters for all new homes in Hawai'i. The measure, introduced by Hooser last year, stalled last session but carried over to this year and can still be revived.

Lawmakers also advanced bills to improve recycling statewide, including measures that would establish a recycling program for electronic waste like computers and televisions and require big box retailers to operate redemption centers for beverage containers.

Various bills would also provide funding to help control and prevent invasive species and prohibit the sale of noxious weeds.

Another surviving measure, heavily supported by The Nature Conservancy, would support community-based management of nearshore reef areas.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com.