Bill Text: HI SB263 | 2020 | Regular Session | Introduced

---

Bill Title: Relating To Climate Change.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB263 Detail]

Download: Hawaii-2020-SB263-Introduced.html

---

THE SENATE	S.B. NO.	263
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to climate change.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the risks posed by climate change to Hawaii were recognized as early as 1984 by Senate Resolution No. 137.  This resulted in a 1985 report on the effects on Hawaii of a worldwide rise in sea level induced by the greenhouse effect.  This report stated that the debate has shifted from questioning the possibility that the greenhouse effect would occur, to whether the effect will be mild or severe, as well as the timeframe for its imminent occurrence.

     The legislature further finds that Hawaii's first iteration of a climate change action plan was completed in 1998.  The Hawaii climate change action plan did not set specific goals but was intended to be a catalyst for greater involvement in reducing greenhouse gas emissions and adapting to climate change.  The major recommendation of this plan was to develop a consensus on Hawaii's goals for greenhouse gas emission reductions.

     Hawaii's first sustainability plan, published in 2008, warned of global warming and rising sea levels and that stronger, more frequent storms would impact Hawaii.  The plan also established many goals and recommendations, including strategic actions to reduce reliance on fossil fuels; conserve water and ensure an adequate water supply; conduct research to strengthen management initiatives to respond to rising sea levels, coastal hazards, erosion, and other natural hazards; and develop a comprehensive environmental mapping and measurement system to evaluate the overall health and status of Hawaii's natural ecosystems.  The plan set a target date of 2020 to reduce reliance on fossil fuels, including a goal that twenty per cent of electricity be generated from renewable resources by the end of 2020.

     In 2009, the multi-stakeholder ocean resources management plan (ORMP) working group, established by the Hawaii coastal zone management program, developed a framework for climate change adaptation in Hawaii as part of the ORMP implementation.  Core values for adaptation to climate change were established to provide a safe, healthy, productive, and resilient environment.

     In 2012, climate change adaptation priority guidelines were added to the Hawaii State Planning Act.  These guidelines encouraged the collaboration needed to address climate change by recognizing impacts to multiple sectors including agriculture, conservation lands, coastal and nearshore marine areas, natural and cultural resources, education, energy, higher education, health, historic preservation, water resources, the built environment, and the economy.

     Act 83, Session Laws of Hawaii 2014 (Act 83), formally established the Hawaii climate adaptation initiative to enable a coordinated approach among all agencies at all levels of government to plan for and address the effects of climate change to protect the State's economy, health, environment, and way of life.  Act 83 established a coordinating body of state and county representatives, known as the interagency climate adaptation committee, to carry out this mission.  The committee was tasked with developing a report to address the statewide impacts of sea level rise, developing plans and policy recommendations for action, and in coordination with the office of planning, using the report as a model framework for addressing other climate threats and priorities.

     In 2015, Hawaii became the first state to require a one hundred per cent renewable power supply by the year 2045.  Subsequent climate mitigation measures were enacted to encourage energy efficiency, access to renewable energy, and development of clean energy technology.

     In 2017, Act 32, Session Laws of Hawaii 2017, strengthened the Hawaii climate adaptation initiative and expanded the interagency climate adaptation committee into the Hawaii climate change mitigation and adaptation commission (commission).  The commission was assigned various tasks related to climate change mitigation and adaptation, including systematically reducing greenhouse gas emissions and charting a new course to protect the State's economy, health, environment, and way of life.

     In December of 2017, the commission accepted the Hawaii sea level rise vulnerability and adaptation report, which identifies areas susceptible to sea level rise impacts based on a 3.2 foot increase in sea level by 2100 or even as early as 2060.  The report also makes recommendations to state and county agencies based on emerging good practices to strengthen Hawaii's readiness for sea level rise and climate change.

     Acts 15 and 16, Session Laws of Hawaii 2018, support the greenhouse gas sequestration task force, establish a carbon offset program within the office of planning, and establish a zero emissions clean energy target by 2045 or earlier.

     While Hawaii has taken significant strides toward carbon neutrality, over the past thirty years the amount of carbon dioxide, the major driver of the greenhouse effect, in the atmosphere has increased by almost twenty per cent from three hundred forty-five parts per million (ppm) to four hundred ten ppm during the same period.  This trend is anticipated to continue for several decades.  Thus, even if Hawaii achieves carbon neutrality in the next twenty or thirty years, global carbon emissions from developing countries will steadily increase over time, and Hawaii will not escape the severe effects of climate change in the form of rising sea level, increased storminess, and warmer temperatures.  It is therefore critical that Hawaii brace for these effects by implementing aggressive climate adaptation measures.  Rapid deployment of climate adaption measures will require supporting policies, statutes, and financial resources at all levels of government.

     The purpose of this Act is to support the Hawaii climate adaptation initiative and provide affected state and county agencies with the necessary resources to implement climate change mitigation and adaptation.

     SECTION 2.  Section 225P-3, Hawaii Revised Statutes, is amended to read as follows:

     "§225P-3  Hawaii climate change mitigation and adaptation commission; general functions, duties, and powers.  (a)  There is established the Hawaii climate change mitigation and adaptation commission that shall be placed within the department of land and natural resources for administrative purposes only.

     (b)  Coordination of the commission shall be headed jointly by the chairperson of the board of land and natural resources, or the chairperson's designee, and the director of the office of planning, or the director's designee.

     (c)  The commission shall include the following members:

     (1)  The chairs of the standing committees of the legislature with subject matter jurisdiction encompassing environmental protection and land use;

     (2)  The chairperson of the board of land and natural resources or the chairperson's designee, who shall be the co-chair of the commission;

     (3)  The director of the office of planning or the director's designee, who shall be the co-chair of the commission;

     (4)  The director of business, economic development, and tourism or the director's designee;

     (5)  The chairperson of the board of directors of the Hawaii tourism authority or the chairperson's designee;

     (6)  The chairperson of the board of agriculture or the chairperson's designee;

     (7)  The chief executive officer of the office of Hawaiian affairs or the officer's designee;

     (8)  The chairperson of the Hawaiian homes commission or the chairperson's designee;

     (9)  The director of transportation or the director's designee;

    (10)  The director of health or the director's designee;

    (11)  The adjutant general or the adjutant general's designee;

    (12)  The chairperson of the board of education or the chairperson's designee;

    (13)  The directors of each of the county planning departments, or the directors' designees; and

    (14)  The manager of the coastal zone management program.

     (d)  In addition to the members listed in subsection (c), the chairs of the commission may request the participation or input of members of the public; experts in the field; and county, state, or federal officials or others as necessary.

     (e)  The members of the commission shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.

     (f)  The commission shall provide policy direction, facilitation, coordination, and planning among state and county agencies, federal agencies, and other partners as appropriate.

     (g)  The commission shall establish climate change mitigation and adaptation strategies and goals to help guide planning and implementation statewide using the latest scientific analysis and risk assessment to monitor and forecast climate change related impacts at the regional, state, and local level, including any additional information deemed necessary.

     (h)  The commission shall identify vulnerable people, communities, industries, ecosystems, and the potential economic ramifications for climate change related impacts.

     (i)  The commission shall identify existing climate change mitigation and adaptation efforts at the federal, state, and local levels and make recommendations for how to meet or exceed Hawaii's state mitigation goals and shall adopt a liberal approach in preparation, so as to minimize future risk to the people and environment of Hawaii.

     (j)  The commission shall assess the capacity and availability of existing resources and identify new sources of revenue necessary to address climate change mitigation and adaptation and shall advise the governor, legislature, and counties on the economic and budgetary ramifications of climate change impacts, mitigation, and adaptation.

     (k)  The commission shall identify the information necessary to track progress in implementing climate change mitigation and adaptation efforts and shall submit an annual report to the governor and legislature no later than twenty days prior to the convening of each regular session of the legislature.

     (l)  The commission shall assist state and county agencies to develop sea level rise adaptation plans in accordance with the sea level rise vulnerability and adaption report and shall provide education and outreach to any community in the State to improve its resiliency to climate change.  Under the direction of the commission, the climate change mitigation and adaptation coordinator shall assist state and county agencies to:

     (1)  Conduct an inventory of their existing and future facilities and determine if any are in or near a sea level rise exposure area;

     (2)  Prepare a report that includes a discussion of any vulnerable facilities and their sensitivity to sea level rise impacts;

     (3)  Prepare a budget that includes the cost of adapting to sea level rise by avoiding or minimizing development in a sea level rise exposure area; and

     (4)  Report all findings to the commission.

     (m)  The commission shall assist state and county agencies to implement climate change mitigation efforts in accordance with state policies.  Under the direction of the commission, the climate change mitigation and adaptation coordinator shall assist state and county agencies to:

     (1)  Conduct an inventory of their facilities and vehicles and determine energy usage;

     (2)  Prepare a report that includes departmental goals derived from state mitigation goals and actions to be taken within one, three, and five years to achieve these goals;

     (3)  Report all findings to the commission;

     (4)  Supervise necessary and relevant studies to help agencies reduce emissions, including through parking cash outs, clean fleet transitions for state and county car-share programs, development and deployment for electric vehicle infrastructure; and

     (5)  Initiate a public service advertising campaign for a program that will enable behavior change to support clean transportation and climate change issues.

     [(l)] (n)  The commission shall maintain a website that includes a mission statement as well as access to climate change related actions, plans, policies, and results.

     [(m)] (o)  The commission shall conduct a comprehensive review of the implementation as required by this section and submit a report to the governor, legislature, and the counties no later than twenty days prior to the convening of the regular session of 2023 and every five years thereafter.

     [(n)] (p)  The commission shall, as a first step, focus on and develop sea level rise vulnerability and adaptation reports that shall include:

     (1)  Identification of the major areas of sea level rise impacts affecting the State and counties through 2050;

     (2)  Identification of expected impacts of sea level rise based on the latest scientific research for each area through 2050;

     (3)  Identification of the economic ramifications of sea level rise;

     (4)  Identification of applicable federal laws, policies, or programs that impact affected areas; and

     (5)  Recommendations for planning, management, and adaptation for hazards associated with increasing sea level rise.

The reports shall be made publicly available no later than December 31, 2017, and the commission shall reevaluate and update the sea level rise vulnerability and adaptation report every five years.

     [(o)] (q)  In developing the report, pursuant to subsection [(n),] (p), the commission shall:

     (1)  Solicit public views and concerns; and

     (2)  Coordinate with the various county, state, and federal agencies involved in ongoing climate change adaptation planning initiatives."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of this Act.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to fund one full-time equivalent (1.0 FTE) climate change mitigation and adaptation coordinator, who shall be exempt from chapter 76, Hawaii Revised Statutes, to support the climate change mitigation and adaptation commission.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Hawaii Climate Change Mitigation and Adaptation Commission; Coordinator Position; Sea Level Rise; Carbon Emission Reduction; Appropriation

 

Description:

Requires and appropriates funds for the climate change mitigation and adaptation commission to assist state and county agencies to develop sea level rise adaptation plans and to implement climate change mitigation efforts.  Appropriates funds for one full-time equivalent climate change mitigation and adaptation coordinator position.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.