Bill Text: HI SB1390 | 2023 | Regular Session | Introduced
Bill Title: Relating To Climate Adaptation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to WTL/PSM, WAM. [SB1390 Detail]
Download: Hawaii-2023-SB1390-Introduced.html
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THE SENATE |
S.B. NO. |
1390 |
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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 CLIMATE ADAPTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act
is to expand the authority of the State and the counties and develop funding to
begin to utilize managed retreat as a climate adaptation and hazard avoidance
option for voluntarily moving residential development and associated
infrastructure away from critically vulnerable areas to locations outside of
sea level rise and coastal flooding exposure areas.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and read as
follows:
"PART . VOLUNTARY RELOCATION OF RESIDENTIAL
DEVELOPMENT FROM SEA LEVEL RISE EXPOSURE AREAS INVOLVING STATE LANDS
§171- Definitions.
For the purposes of this
part:
"Land exchanges"
means mechanisms to secure lands while compensating property owners in-kind
through providing land or development rights. Land exchanges can provide a partial or full
replacement alternative to financial compensation.
"Leaseback"
means a transaction in which a property owner willingly sells the real property
to the government or third party and leases the property back from that new
owner until such time that the land is deemed unsafe due to increasing erosion
or flooding hazards.
"Receiving area"
means areas where additional growth and development can be accommodated from a
sending area.
"Sending area"
means areas where development is no longer encouraged due to exposure to
increasing hazards with climate change and sea level rise.
"Transfer of development
rights" means programs allowing land owners to transfer development rights
from property in areas where development is no longer desirable or sustainable
to areas that are. Transfer of
development right programs may also allow developers to purchase development
rights from property owners in areas where development is no longer desirable
or sustainable and transfer those development rights to their own property.
§171- General
powers. (a) In
carrying out its functions under this part, the board and department may do all
things necessary, useful, and convenient in connection with voluntary
relocation of residential development and associated public utilities and
infrastructure from locations that are or will be critically threatened by
impacts related to climate change and sea level rise and have high natural
resource value, including transfer of development rights, leasebacks, land
exchanges, and restoration of coastal lands, subject to all applicable laws, so
long as the public interest is served.
§171- Sea level rise voluntary relocation plan. The department, in
cooperation with appropriate state and county agencies, shall prepare and, from
time to time, revise plans for the implementation of a program to facilitate
voluntary relocation of private residential development and associated public
infrastructure from areas that are critically threatened by coastal erosion and
flooding with sea level rise and that have high natural resource value to areas
outside of the sea level rise exposure area as designated by the Hawaii climate
change adaptation commission and special flood hazard areas. These plans shall
guide the department with appropriate state and county agencies in identifying
and prioritizing coastal lands that are critically threatened by coastal
erosion and sea level rise and have high natural and community resource value,
and in identifying and prioritizing potential sending and receiving areas for
relocation of residential development and associated public utilities and
infrastructure. In preparing these
plans, the department may institute studies pertaining to the need for
restoration of such lands to natural conditions and for public purposes and
shall consider any plan relating to the restoration of such lands that has been
prepared by any federal, state, county, or private agency or entity. The department may also institute other
studies as necessary to support the development of voluntary relocation
projects, including the development of environmental studies pertaining to
relocation of development, cost-benefit analysis for project viability, and
engineering studies.
§171- Sea level rise voluntary relocation fund. (a) There is established in the state treasury a
special fund to be designated as the "sea level rise voluntary relocation
fund" to carry out the purposes of this part. The following moneys shall be deposited into
the sea level rise voluntary relocation special fund:
(1) Appropriations made by the legislature for deposit into this fund;
(2) Appropriations made out of the climate change
special fund;
(3) Donations and contributions made by private individuals
or organizations for deposit into this fund;
(4) Grants provided by government agencies or any
other source;
(5) Proceeds from transfer of development rights,
leasebacks, and land exchanges; and
(6) Proceeds from lawsuits holding industries
accountable for climate change impacts that threaten Hawaii.
(b) The sea level rise voluntary relocation
special fund may be used by the department for one or more of the following
purposes:
(1) Planning, designing, developing, or implementing of climate change and sea level rise adaptation projects pursuant to this part including voluntary relocation of residential development and associated infrastructure through mechanisms, including but not limited to transfer of development rights, leasebacks, land exchanges, and restoration of coastal lands; and
(2) Acquiring, through eminent domain, private
development at risk of exposure to sea level rise and flooding."
SECTION 3. Chapter 171, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and read as
follows:
"§171- Public lands suitable and available
for transfer of development rights or land exchanges; inventory. The department shall complete and maintain
a current inventory of all public lands and other high-priority private lands,
regardless of zoning, which are located outside of the sea level rise exposure
area as designated by the Hawaii climate change mitigation and adaptation
commission and special flood hazard areas and are or may be suitable for
relocation of residential development from areas that are critically threatened
by coastal erosion and flooding with sea level rise and from areas that have
high natural and community resource value according to the objectives and
policies set forth in chapter 205A. This
inventory shall be updated annually and contain the following information: the
island and areas in which the land is situated, the acreage, development
potential including but not limited to, nearest access to county or state
roads, nearest access to public utilities including electrical and water, and
such other information which the department determines may be necessary to
identify and inventory the land for those purposes. The department shall submit a report detailing
this initial inventory to the governor, legislature, and Hawaii climate change mitigation
and adaptation commission no later than twenty days prior to the convening of
the 2024 regular legislative session and every year thereafter."
SECTION 4. Section 171-50, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
"(a) Purpose.
No exchange of public land for private land shall be made except for
public purposes, including but not limited to (1) consolidation of holdings of
public lands; (2) straightening of boundaries of public lands; (3) acquisition
of adequate access for landlocked public lands [which] that have
development potential; [or] (4) acquisition of lands suitable for
residential use[.]; or (5) relocation of private development away
from high risk areas of coastal hazards, sea level rise, and flooding exposure,
and expansion of public coastal areas and access. Exchanges shall be effected without public
auction. Public notice of any proposed exchange shall be given in accordance
with the applicable provisions set forth in section 171-16(d). All private lands conveyed to the State by
way of exchanges shall thereafter become public lands."
SECTION 5. Section 226-109, Hawaii Revised Statutes, is
amended to read as follows:
"[[]§226-109[]] Climate change adaptation priority
guidelines. Priority guidelines to
prepare the State to address the impacts of climate change, including impacts
to the areas of agriculture; conservation lands; coastal and nearshore marine
areas; natural and cultural resources; education; energy; higher education;
health; historic preservation; water resources; the built environment, such as
housing, recreation, transportation; and the economy shall:
(1) Ensure that Hawaii's people are educated,
informed, and aware of the impacts climate change may have on their
communities;
(2) Encourage community stewardship groups and
local stakeholders to participate in planning and implementation of climate
change policies;
(3) Invest in continued monitoring and research of
Hawaii's climate and the impacts of climate change on the State;
(4) Consider native Hawaiian traditional knowledge
and practices in planning for the impacts of climate change;
(5) Encourage the preservation and restoration of
natural landscape features, such as coral reefs, beaches and dunes, forests,
streams, floodplains, and wetlands, that have the inherent capacity to avoid,
minimize, or mitigate the impacts of climate change;
(6) Explore adaptation strategies that moderate
harm or exploit beneficial opportunities in response to actual or expected
climate change impacts to the natural and built environments;
(7) Promote sector resilience in areas such as
water, roads, airports, and public health, by encouraging the identification of
climate change threats, assessment of potential consequences, and evaluation of
adaptation options;
(8) Foster cross-jurisdictional collaboration
between county, state, and federal agencies and partnerships between government
and private entities and other nongovernmental entities, including nonprofit
entities;
(9) Use management and implementation approaches
that encourage the continual collection, evaluation, and integration of new
information and strategies into new and existing practices, policies, and
plans; [and]
(10) Encourage planning and management of the
natural and built environments that effectively integrate climate change policy[.];
and
(11) Identify and
prioritize climate change and sea level rise adaptation sending areas facing
the greatest threats from increasing impacts from coastal erosion and flooding,
and identify and prioritize potential receiving areas for relocation of residential
development and public infrastructure from locations that are or will be
critically threatened by those impacts."
SECTION 6. There is appropriated out of the sea level
rise voluntary relocation fund the sum of $20,000,000, or so much thereof as
may be necessary for fiscal year 2023-2024, to carry out the purpose of this
Act. The sum appropriated shall be
expended by the department of land and natural resources.
SECTION 7. This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
SECTION 8. Statutory material to be repealed is bracketed
and stricken. New statutory material is
underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Managed Retreat; Voluntary Relocation of Beachfront Residential Shoreline Development; Sea Level Rise Exposure Area
Description:
Expands the authority of the State and the counties and develops funding to begin utilizing managed retreat as an option for voluntarily moving residential development and associated infrastructure away from critically vulnerable areas to locations outside of sea level rise and coastal flooding exposure areas, including through a pilot program on the North Shore of Oahu.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
