Bill Text: HI HB933 | 2013 | Regular Session | Amended

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Bill Title: Special Shoreline Encroachment Easements

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-06 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Cachola, Say excused (2). [HB933 Detail]

Download: Hawaii-2013-HB933-Amended.html

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STAND. COM. REP. NO.  158

 

Honolulu, Hawaii

                , 2013

 

RE:   H.B. No. 933

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs, to which was referred H.B. No. 933 entitled:

 

"A BILL FOR AN ACT RELATING TO SPECIAL SHORELINE ENCROACHMENT EASEMENTS,"

 

beg leave to report as follows:

 

     The purpose of this measure is to give the Board of Land and Natural Resources the discretionary authority to grant easements for less than fair market value for structures that were, at the time of construction, authorized by an appropriate regulatory agency and located landward of the shoreline within the record boundary of an oceanfront property but, over time, have become located seaward of the shoreline because of the dynamic nature of the shoreline.

 

     One individual testified in support of this measure.  The Department of Land and Natural Resources and the Office of Planning submitted comments.

 

     Your Committees have amended this measure by:

 

     (1)  Incorporating language provided by the Department of Land and Natural Resources and the Office of Planning to clarify that:

 

          (A)  The grant of an easement for a special shoreline encroachment shall not be construed as the State's approval of any risk taken by a littoral property owner; and

 

          (B)  Easements granted for a special shoreline encroachment shall take into account the public policies of shoreline protection and access as well as the risks to life and property posed by coastal hazards;

 

     (2)  Changing its effective date to July 1, 2020, for the purpose of encouraging further discussion on this matter; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 933, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 933, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs,

 

 

____________________________ FAYE P. HANOHANO, Chair		____________________________ CINDY EVANS, Chair