Bill Text: HI HB1091 | 2023 | Regular Session | Introduced
Bill Title: Relating To Real Property Disclosures Within Shoreline Areas.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-06 - Act 231, 07/06/2023 (Gov. Msg. No. 1334). [HB1091 Detail]
Download: Hawaii-2023-HB1091-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1091 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO REAL PROPERTY DISCLOSURES WITHIN SHORELINE AREAS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION l. As reflected in Act 32, Session Laws of
Hawaii 2017 (Act 32), the legislature recognizes that not only is climate
change real, but it is also the overriding challenge of the twenty—first
century and one of the priority issues of the legislature. Climate change poses immediate and long—term
threats to the State's economy, sustainability, security, and its residents'
way of life.
The legislature recognized the existential
threat of sea level rise to real property and amended section 508D-15, Hawaii Revised Statutes, to require mandatory seller disclosures in real
property transactions to include indication that a residential real property
lies within the sea level rise exposure area.
Research published by the Intergovernmental Panel on Climate Change and
the National Aeronautics and Space Administration shows that sea levels in
Hawaii will continue to rise yet sea level rise has no detectable effect on
valuations or sales data on real property. The lack of a sea level rise discount indicates
that purchasers may be under-prepared for the future challenges and
implications of sea level rise and the ancillary effects of coastal erosion, future
flooding, inundation and storm surges.
The purpose of this Act is to further
strengthen purchaser protection by clearly
outlining the impacts of climate change by requiring disclosure of permitted
and unpermitted erosion control structures on parcels for real estate
transactions involving ocean-front property, requiring disclosure of the erosion
rate for the property and of the current actual setback from the shoreline of
all structures on the property.
SECTION 2. Section 508D-15, Hawaii Revised Statutes, is amended to read as follows:
"§508D-15 Notification required; ambiguity. (a) When
residential real property lies:
(1) Within
the boundaries of a special flood hazard area as
officially designated on Flood Insurance Administration maps promulgated by the
United States Department of Housing and Urban Development for the purposes of
determining eligibility for emergency flood insurance programs;
(2) Within the boundaries of the noise exposure
area shown on maps prepared by the department of transportation in accordance
with Federal Aviation Regulation part 150, Airport
Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;
(3) Within the boundaries
of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine
Corps airport as officially designated by military authorities;
(4) Within the anticipated
inundation areas designated on the department of defense's emergency management
tsunami inundation maps; or
(5) Within the sea level
rise exposure area as designated by the Hawaii climate change mitigation and
adaptation commission or its successor,
subject to the availability of maps that designate the five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the five designated areas specified in this subsection. The maps shall identify the properties situated within the five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.
(b)
When residential real property lies within the shoreline area as
identified by official tax maps, the seller shall disclose all permitted and
unpermitted erosion control structures on the parcel or on state land adjacent
to the parcel, including expiration dates of permitted structures and any
notices of alleged violation and fines for expired permits or unpermitted
structures; and shall disclose the annual coastal erosion rate for the zoning
lot as determined by historical analysis and shown on the Hawaii Shoreline
Study web map, or its successors, and the current actual distance from the
shoreline, as defined in section 205A-1, of all structures on the parcel.
[(b)] (c) When it is questionable whether residential
real property lies within any of the designated areas referred to in subsection
(a) due to the inherent ambiguity of boundary lines drawn on maps of large
scale, the ambiguity shall be construed in favor of the seller; provided that a
good faith effort has been made to determine the applicability of subsection
(a) to the subject real property.
[(c)] (d) Except as required under subsections (a) [and],
(b), and (c) and as required under section 508D-3.5, the seller shall
have no duty to examine any public record when preparing a disclosure
statement."
SECTION 3. This Act does
not affect rights and duties that matured, penalties that were incurred, and proceedings
that were begun before its effective date.
SECTION 4. Statutory
material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Residential Real Property Transactions; Mandatory Seller Disclosures; Sea Level Rise Exposure Area
Description:
Requires mandatory disclosure of all existing permitted and unpermitted shoreline erosion control structures, the annual erosion rate, and the current actual setback of all structures for shoreline properties prior to real estate transactions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
