Hawaii 2022 Regular Session

Hawaii House Bill HB284 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 284 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 284
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	284
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO COASTAL ZONE MANAGEMENT.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that Hawaii is experiencing increased threats to its infrastructure, environment, and ecosystems due to climate change, such as the increasing frequency and severity of storms, sea level rise, groundwater inundation, and coastal erosion. The legislature is concerned that resort areas such as Waikiki, given their importance to the economic well-being of the State and its substantial coastal exposure, is experiencing the adverse effects of these threats. For example, Waikiki is facing the accelerated deterioration and failure of both public and private shoreline improvements, such as seawalls, revetments, groins, and walkways. A Waikiki-specific beach protection exemption will allow replacement and improvement of shoreline structures to accommodate predicted sea level increases. Without such improvements, future beach restoration efforts in Waikiki will be limited and increasingly threatened by coastal hazards. The purpose of this Act is to strengthen the resilience of resort areas such as Waikiki to anticipated impacts of coastal hazards, including climate change and sea-level rise. SECTION 2. Section 205A-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Policies. (1) Recreational resources; (A) Improve coordination and funding of coastal recreational planning and management; and (B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring replacement of coastal resources having significant recreational value including, but not limited to surfing sites, fishponds, and sand beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting such dedication against the requirements of section 46-6; (2) Historic resources; (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation, and display of historic resources; (3) Scenic and open space resources; (A) Identify valued scenic resources in the coastal zone management area; (B) Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments that are not coastal dependent to locate in inland areas; (4) Coastal ecosystems; (A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources; (B) Improve the technical basis for natural resource management; (C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance; (D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and (E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures; (5) Economic uses; (A) Concentrate coastal dependent development in appropriate areas; (B) Ensure that coastal dependent development such as harbors and ports, and coastal related development such as visitor industry facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) Use of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) The development is important to the State's economy; (6) Coastal hazards; (A) Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards; (B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point and nonpoint source pollution hazards; (C) Ensure that developments comply with requirements of the Federal Flood Insurance Program; and (D) Prevent coastal flooding from inland projects; (7) Managing development; (A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process; (8) Public participation; (A) Promote public involvement in coastal zone management processes; (B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and (C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts; (9) Beach protection; (A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion; (B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; provided that this subparagraph shall not apply to Waikiki; (C) Minimize the construction of public erosion protection structures seaward of the shoreline; (D) Minimize grading of and damage to coastal dunes. (E) Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner's vegetation on a beach transit corridor; and (F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and (10) Marine and coastal resources; (A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (D) Promote research, study, and understanding of ocean processes, marine life, and other ocean resources to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and (E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that Hawaii is experiencing increased threats to its infrastructure, environment, and ecosystems due to climate change, such as the increasing frequency and severity of storms, sea level rise, groundwater inundation, and coastal erosion.
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51	51	The legislature is concerned that resort areas such as Waikiki, given their importance to the economic well-being of the State and its substantial coastal exposure, is experiencing the adverse effects of these threats. For example, Waikiki is facing the accelerated deterioration and failure of both public and private shoreline improvements, such as seawalls, revetments, groins, and walkways.
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53	53	A Waikiki-specific beach protection exemption will allow replacement and improvement of shoreline structures to accommodate predicted sea level increases. Without such improvements, future beach restoration efforts in Waikiki will be limited and increasingly threatened by coastal hazards. The purpose of this Act is to strengthen the resilience of resort areas such as Waikiki to anticipated impacts of coastal hazards, including climate change and sea-level rise.
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55	55	SECTION 2. Section 205A-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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57	57	"(c) Policies.
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59	59	(1) Recreational resources;
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61	61	(A) Improve coordination and funding of coastal recreational planning and management; and
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63	63	(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by:
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65	65	(i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas;
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67	67	(ii) Requiring replacement of coastal resources having significant recreational value including, but not limited to surfing sites, fishponds, and sand beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable;
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69	69	(iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value;
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71	71	(iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation;
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73	73	(v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources;
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75	75	(vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters;
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77	77	(vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and
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79	79	(viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting such dedication against the requirements of section 46-6;
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81	81	(2) Historic resources;
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83	83	(A) Identify and analyze significant archaeological resources;
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85	85	(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and
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87	87	(C) Support state goals for protection, restoration, interpretation, and display of historic resources;
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89	89	(3) Scenic and open space resources;
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91	91	(A) Identify valued scenic resources in the coastal zone management area;
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93	93	(B) Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline;
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95	95	(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and
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97	97	(D) Encourage those developments that are not coastal dependent to locate in inland areas;
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99	99	(4) Coastal ecosystems;
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101	101	(A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources;
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103	103	(B) Improve the technical basis for natural resource management;
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105	105	(C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance;
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107	107	(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and
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109	109	(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures;
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111	111	(5) Economic uses;
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113	113	(A) Concentrate coastal dependent development in appropriate areas;
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115	115	(B) Ensure that coastal dependent development such as harbors and ports, and coastal related development such as visitor industry facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and
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117	117	(C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when:
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119	119	(i) Use of presently designated locations is not feasible;
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121	121	(ii) Adverse environmental effects are minimized; and
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123	123	(iii) The development is important to the State's economy;
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125	125	(6) Coastal hazards;
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127	127	(A) Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards;
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129	129	(B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point and nonpoint source pollution hazards;
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131	131	(C) Ensure that developments comply with requirements of the Federal Flood Insurance Program; and
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133	133	(D) Prevent coastal flooding from inland projects;
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135	135	(7) Managing development;
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137	137	(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development;
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139	139	(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and
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141	141	(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process;
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143	143	(8) Public participation;
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145	145	(A) Promote public involvement in coastal zone management processes;
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147	147	(B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and
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149	149	(C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts;
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151	151	(9) Beach protection;
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153	153	(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion;
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155	155	(B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; provided that this subparagraph shall not apply to Waikiki;
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157	157	(C) Minimize the construction of public erosion protection structures seaward of the shoreline;
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159	159	(D) Minimize grading of and damage to coastal dunes.
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161	161	(E) Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner's vegetation on a beach transit corridor; and
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163	163	(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and
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165	165	(10) Marine and coastal resources;
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167	167	(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial;
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169	169	(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency;
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171	171	(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone;
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173	173	(D) Promote research, study, and understanding of ocean processes, marine life, and other ocean resources to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and
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175	175	(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources."
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177	177	SECTION 3. New statutory material is underscored.
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179	179	SECTION 4. This Act shall take effect upon its approval.
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183	183	INTRODUCED BY: _____________________________
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185	185	INTRODUCED BY:
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187	187	_____________________________
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189	189	Report Title: Coastal Zone Management Program; Erosion Protection; Waikiki Description: Exempts Waikiki from certain coastal zone management program policies relating to beach protection. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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193	193	Report Title:
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195	195	Coastal Zone Management Program; Erosion Protection; Waikiki
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199	199	Description:
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201	201	Exempts Waikiki from certain coastal zone management program policies relating to beach protection.
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209	209	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.