Bill Text: HI HB2468 | 2018 | Regular Session | Amended
Bill Title: Relating To Environmental Protection.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2018-02-16 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, Nakamura, Onishi, Woodson excused (5). [HB2468 Detail]
Download: Hawaii-2018-HB2468-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2468 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENVIRONMENTAL PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1.
The legislature finds that many important aspects of our State,
including its economy and the way of life of its communities, rely on the
preservation of its beaches. However,
beach loss has accelerated at an unprecedented rate in recent decades,
resulting in Hawaii losing more than seventeen miles of beaches. Repeated king tides have deteriorated beaches
and sea walls and shoreline hardening has hastened the rate of beach loss.
As rising sea levels and intensifying
erosion continue to threaten beaches, Hawaii's economy faces tens of billions
of dollars in potential losses. The loss
of Waikiki beach alone would cause an estimated $2,000,000,000 in annual losses
to Hawaii's economy. Losing similar
beaches that are critical to our communities would also be devastating,
resulting in significant decreases in property values, revenues to local
businesses, and the overall quality of life in the State.
As beaches erode and retreat, the State may
need to acquire adjacent private lands to ensure that space exists for beaches
and dune systems to survive. The
acquisition of adjacent land will also enable continued public access to these
priceless community assets.
Additionally, acquiring adjacent property will create a buffer zone
between the shoreline and developed areas to protect the State from potential
natural disasters.
The purpose of this Act is to ensure the
preservation of Hawaii's beaches for future generations by:
(1) Establishing a Hawaii beach preservation special fund within the treasury of the State to be used to acquire lands to facilitate landward retreat or carry out other forms of managed retreat for the protection of public beaches;
(2) Creating a working group within the Hawaii climate change mitigation and adaptation commission to determine appropriate funding mechanisms for the Hawaii beach preservation special fund; and
(3) Establishing a three-year north shore Oahu pilot project to explore managed retreat options to address current emergency beach conditions and investigate managed retreat options that may be replicated elsewhere in the State.
PART II
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
"§171- Hawaii
beach preservation special fund.
(a) There is established a
Hawaii beach preservation special fund within the treasury of the State into
which shall be deposited:
(1) All
appropriations made by the legislature to the fund; and
(2) Gifts,
donations, and grants from public agencies and private persons.
All interest earned or accrued on
moneys deposited into the fund shall become part of the fund.
(b) Subject to legislative appropriation, the
department of land and natural resources may expend moneys from the fund to acquire
from landowners lands needed to ensure the perpetuation of sandy beaches for
the public by facilitating landward retreat where those beaches are undergoing
submersion and erosion due to sea level rise and to carry out other forms of
managed retreat for the protection of public beaches, with the prior
authorization of the legislature by concurrent resolution. Lands acquired pursuant to this section shall
be managed by the department or other agency, as appropriate.
(c) The department shall adopt rules in accordance with chapter 91 to effectuate the purposes of this section."
SECTION 3.
(a) There shall be established
within the Hawaii climate change mitigation and adaptation commission a Hawaii
beach preservation working group. The
working group shall identify effective funding mechanisms for the Hawaii beach
preservation special fund.
(b)
The working group shall consider as possible funding mechanisms for the
Hawaii beach preservation special fund:
(1) Increases to the conveyance tax applicable to shoreline properties;
(2) Taxes or surcharges on real property; and
(3) Any other funding mechanism the working group deems appropriate.
(c)
The commission shall determine the working group's membership from among
the commission's members.
(d) The working group shall submit a report with findings and recommendations, including proposed legislation, if any, to the legislature no later than twenty days prior to the convening of the regular session of 2019. Copies of the report shall be transmitted to the mayor of each county.
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 2018-2019 to be deposited into the Hawaii beach
preservation special fund.
SECTION 5. There is appropriated out of the
Hawaii beach preservation special fund the sum of
$ or so much thereof as may be
necessary for fiscal year 2018-2019 for the purpose of purchasing property from
landowners threatened by sea level rise or beach erosion and carrying
out other forms of managed retreat.
The sum appropriated shall be expended by
the department of land and natural resources for the purposes of this Act.
PART III
SECTION 6.
(a) There is established the north shore Oahu pilot program, to be administered
by the department of land and natural resources until June 30, 2021, to address
sea level rise and beach erosion by exploring managed retreat options for beach
preservation in the State.
(b) The north shore Oahu pilot program shall investigate and make recommendations for managed retreat options, including buyouts or other methods of land acquisition, that address current emergency conditions at legacy beaches on Oahu's north shore and that may be replicated elsewhere in the State to preserve beaches with economic and cultural value. The pilot program shall make recommendations for strategies that may be funded through the Hawaii beach preservation special fund established pursuant to section 171- , Hawaii Revised Statutes. The pilot program shall focus on the north shore of Oahu and other beaches in the State of Hawaii that have economic and cultural value.
(c) The north shore Oahu pilot program shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2021.
(d) The north shore Oahu pilot project shall be dissolved on June 30, 2021.
SECTION 7. 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 2018-2019 for the north shore Oahu pilot program.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
PART IV
SECTION 8. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050; provided that part III of this Act shall be repealed on June 30, 2021.
Report Title:
Department of Land and Natural Resources; Climate Change; Special Fund; Working Group; Pilot Program; Appropriation
Description:
Establishes a Hawaii Beach Preservation Special Fund. Authorizes the DLNR to expend moneys from the Special Fund to acquire lands for beach preservation with prior authorization of the Legislature. Creates a working group within the Hawaii Climate Change Mitigation and Adaptation Commission to determine appropriate funding mechanisms for the Special Fund. Establishes a three-year North Shore Oahu Pilot Program under DLNR to explore managed retreat options. Appropriates funds. (HB2468 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
