Hawaii 2022 Regular Session

Hawaii House Bill HB246 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 246 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to coastal protection. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 246
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	246
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to coastal protection.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows: "§171- Private seawalls. (a) Notwithstanding any limitations to the contrary, the board may lease, by direct negotiation and without recourse to public auction, state submerged lands for private seawalls on such terms and conditions as may be prescribed by the board; provided that: (1) In addition to any payment of fair market value or fair market rental of reclaimed land determined pursuant to section 171-53, an abutting land owner shall pay an annual lease rent as determined by paragraph (2); and (2) In calculating lease rents for state submerged lands for private seawalls, the amount of the lease rent shall be ten per cent of the real property tax assessment, as determined by the applicable county, for the property at which the seawall is located. (b) All amounts collected pursuant to this section shall be deposited into the beach restoration special fund established by section 171-156. §171- Temporary structures; emergency permits for shoreline protection and stabilization of shoreline erosion; rules. The board shall adopt rules pursuant to chapter 91 to limit temporary structures approved under emergency permits for shoreline protection and the stabilization of shoreline erosion to a maximum of three years, after which the temporary structure shall be removed, unless the board approves the structure as a permanent structure. These rules shall also provide for fines against the permit holder for noncompliance." SECTION 2. Section 171-28, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The board may lease government-owned Hawaiian fishponds with legislative authorization as provided under section [171-53(c);] 171-53(d) provided that in lieu of legislative authorization, the board may lease such fishponds if: (1) A public hearing is conducted on the proposed lease on the island where the fishpond is located; (2) The board finds that the proposed lease does not cause a substantial adverse environmental or ecological impact on the fishpond or surrounding area; and (3) The proposed lease is not in violation of applicable federal, state, or county laws." SECTION 3. Section 171-53, Hawaii Revised Statutes, is amended to read as follows: "§171-53 Reclamation and disposition of submerged or reclaimed public land. (a) Any submerged public land or land beneath tidal waters shall not hereafter be reclaimed by private abutting owners, except as hereinafter provided. (b) As to presently reclaimed land, the board of land and natural resources, after finding that its disposition is not prejudicial to the best interest of the State, community, or area in which such reclaimed land is located and after giving public notice in accordance with section 171-16(d) of its intention to dispose, may dispose of it, without recourse to public auction, to the abutting owner, by sale or lease; provided that if the reclaimed land has been filled in or made with the prior approval of government authorities, and not otherwise filled in or made contrary to the public interest, it may be disposed of at fair market value or fair market rental of the submerged public land, but if the reclaimed land has been filled or made otherwise, it shall be disposed of at the fair market value or fair market rental of the reclaimed land[.]; provided further that any lease or easement shall not exceed sixty-five years. (c) In making its finding under subsection (b) that the disposition of presently reclaimed land is not prejudicial to the best interest of the State, community, or area in which such reclaimed land is located, the board shall evaluate any potential adverse effects on beach processes and the potential exacerbation of shoreline erosion. [(c)] (d) The board, with the prior approval of the governor and the prior authorization of the legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waters under the terms, conditions, and restrictions provided in this chapter; provided that the authorization of the legislature shall not be required for leases issued under chapter 190D; and provided further that the approval of the governor and authorization of the legislature shall not be required for any grant of easement or lease of state submerged lands or lands beneath tidal waters used for moorings, cables, or pipelines; provided further that this exemption shall not apply to easements for cables used for interisland electrical transmission or slurry pipelines used for transportive materials, mined at sea, or waste products from the processing of the same. The lease shall provide that the lands shall be reclaimed at the expense of the lessee. Title to the reclaimed lands shall remain in the State. [(d)] (e) Whenever in connection with reclaimed lands or the reclamation of submerged lands or lands beneath tidal waters by authority of law, the board deems it advantageous to the State in order to settle the rights (littoral or otherwise), if any, of an abutting owner, to create public beaches, or to consolidate the holdings of public lands in the vicinity or provide public ways or access to the public lands, it may, with the prior approval of the governor, sell, lease, or transfer by way of an exchange, without recourse to public auction but subject to the limitations contained in section 171-50 and to the other provisions of this chapter, lands having the status of public lands." SECTION 4. Section 171-156, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fund: (1) Proceeds from the lease or development of public coastal lands designated pursuant to a beach restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959; (2) Proceeds from the lease of public lands pursuant to this part for [an existing] any seawall or revetment; (3) Fines collected for unauthorized shoreline structures on state submerged land or conservation district land; (4) Appropriations made by the legislature for deposit into this fund; (5) Donations and contributions made by private individuals or organizations for deposit into this fund; (6) Fees collected for the processing of applications for coastal and beach erosion control projects; and (7) Grants provided by governmental agencies or any other source." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
50	50
51	51	"§171- Private seawalls. (a) Notwithstanding any limitations to the contrary, the board may lease, by direct negotiation and without recourse to public auction, state submerged lands for private seawalls on such terms and conditions as may be prescribed by the board; provided that:
52	52
53	53	(1) In addition to any payment of fair market value or fair market rental of reclaimed land determined pursuant to section 171-53, an abutting land owner shall pay an annual lease rent as determined by paragraph (2); and
54	54
55	55	(2) In calculating lease rents for state submerged lands for private seawalls, the amount of the lease rent shall be ten per cent of the real property tax assessment, as determined by the applicable county, for the property at which the seawall is located.
56	56
57	57	(b) All amounts collected pursuant to this section shall be deposited into the beach restoration special fund established by section 171-156.
58	58
59	59	§171- Temporary structures; emergency permits for shoreline protection and stabilization of shoreline erosion; rules. The board shall adopt rules pursuant to chapter 91 to limit temporary structures approved under emergency permits for shoreline protection and the stabilization of shoreline erosion to a maximum of three years, after which the temporary structure shall be removed, unless the board approves the structure as a permanent structure. These rules shall also provide for fines against the permit holder for noncompliance."
60	60
61	61	SECTION 2. Section 171-28, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
62	62
63	63	"(b) The board may lease government-owned Hawaiian fishponds with legislative authorization as provided under section [171-53(c);] 171-53(d) provided that in lieu of legislative authorization, the board may lease such fishponds if:
64	64
65	65	(1) A public hearing is conducted on the proposed lease on the island where the fishpond is located;
66	66
67	67	(2) The board finds that the proposed lease does not cause a substantial adverse environmental or ecological impact on the fishpond or surrounding area; and
68	68
69	69	(3) The proposed lease is not in violation of applicable federal, state, or county laws."
70	70
71	71	SECTION 3. Section 171-53, Hawaii Revised Statutes, is amended to read as follows:
72	72
73	73	"§171-53 Reclamation and disposition of submerged or reclaimed public land. (a) Any submerged public land or land beneath tidal waters shall not hereafter be reclaimed by private abutting owners, except as hereinafter provided.
74	74
75	75	(b) As to presently reclaimed land, the board of land and natural resources, after finding that its disposition is not prejudicial to the best interest of the State, community, or area in which such reclaimed land is located and after giving public notice in accordance with section 171-16(d) of its intention to dispose, may dispose of it, without recourse to public auction, to the abutting owner, by sale or lease; provided that if the reclaimed land has been filled in or made with the prior approval of government authorities, and not otherwise filled in or made contrary to the public interest, it may be disposed of at fair market value or fair market rental of the submerged public land, but if the reclaimed land has been filled or made otherwise, it shall be disposed of at the fair market value or fair market rental of the reclaimed land[.]; provided further that any lease or easement shall not exceed sixty-five years.
76	76
77	77	(c) In making its finding under subsection (b) that the disposition of presently reclaimed land is not prejudicial to the best interest of the State, community, or area in which such reclaimed land is located, the board shall evaluate any potential adverse effects on beach processes and the potential exacerbation of shoreline erosion.
78	78
79	79	[(c)] (d) The board, with the prior approval of the governor and the prior authorization of the legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waters under the terms, conditions, and restrictions provided in this chapter; provided that the authorization of the legislature shall not be required for leases issued under chapter 190D; and provided further that the approval of the governor and authorization of the legislature shall not be required for any grant of easement or lease of state submerged lands or lands beneath tidal waters used for moorings, cables, or pipelines; provided further that this exemption shall not apply to easements for cables used for interisland electrical transmission or slurry pipelines used for transportive materials, mined at sea, or waste products from the processing of the same.
80	80
81	81	The lease shall provide that the lands shall be reclaimed at the expense of the lessee. Title to the reclaimed lands shall remain in the State.
82	82
83	83	[(d)] (e) Whenever in connection with reclaimed lands or the reclamation of submerged lands or lands beneath tidal waters by authority of law, the board deems it advantageous to the State in order to settle the rights (littoral or otherwise), if any, of an abutting owner, to create public beaches, or to consolidate the holdings of public lands in the vicinity or provide public ways or access to the public lands, it may, with the prior approval of the governor, sell, lease, or transfer by way of an exchange, without recourse to public auction but subject to the limitations contained in section 171-50 and to the other provisions of this chapter, lands having the status of public lands."
84	84
85	85	SECTION 4. Section 171-156, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
86	86
87	87	"(a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fund:
88	88
89	89	(1) Proceeds from the lease or development of public coastal lands designated pursuant to a beach restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959;
90	90
91	91	(2) Proceeds from the lease of public lands pursuant to this part for [an existing] any seawall or revetment;
92	92
93	93	(3) Fines collected for unauthorized shoreline structures on state submerged land or conservation district land;
94	94
95	95	(4) Appropriations made by the legislature for deposit into this fund;
96	96
97	97	(5) Donations and contributions made by private individuals or organizations for deposit into this fund;
98	98
99	99	(6) Fees collected for the processing of applications for coastal and beach erosion control projects; and
100	100
101	101	(7) Grants provided by governmental agencies or any other source."
102	102
103	103	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
104	104
105	105	SECTION 6. This Act shall take effect upon its approval.
106	106
107	107
108	108
109	109	INTRODUCED BY: _____________________________
110	110
111	111	INTRODUCED BY:
112	112
113	113	_____________________________
114	114
115	115
116	116
117	117
118	118
119	119	Report Title: State Submerged Lands; Seawalls; Lease Rents and Terms; Shoreline Protection and Stabilization of Shoreline Erosion Description: Authorizes BLNR to lease state submerged lands for private seawalls, with lease rents to be ten per cent of the real property tax assessment. Requires BLNR to adopt rules to limit temporary structures approved under emergency permits for shoreline protection and the stabilization of shoreline erosion to a maximum of three years, after which the temporary structure must be removed, unless BLNR approves the structure as a permanent structure. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
120	120
121	121
122	122
123	123
124	124
125	125	Report Title:
126	126
127	127	State Submerged Lands; Seawalls; Lease Rents and Terms; Shoreline Protection and Stabilization of Shoreline Erosion
128	128
129	129
130	130
131	131	Description:
132	132
133	133	Authorizes BLNR to lease state submerged lands for private seawalls, with lease rents to be ten per cent of the real property tax assessment. Requires BLNR to adopt rules to limit temporary structures approved under emergency permits for shoreline protection and the stabilization of shoreline erosion to a maximum of three years, after which the temporary structure must be removed, unless BLNR approves the structure as a permanent structure.
134	134
135	135
136	136
137	137
138	138
139	139
140	140
141	141	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.