Hawaii 2022 Regular Session

Hawaii Senate Bill SB230 Compare Versions

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

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1	1	THE SENATE S.B. NO. 230 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to real property transactions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 230
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	THE SENATE
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9	9	S.B. NO.
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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 real property transactions.
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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 recognizes that climate change is an actuality, and it is a priority issue for the State. Climate change poses immediate and long-term threats to Hawaii's economy, sustainability, security, and way of life. Sea level rise is an immediate consequence of climate change. The Hawaii Sea Level Rise Vulnerability and Adaptation Report, adopted by the Hawaii climate change mitigation and adaptation commission, provided a statewide assessment of vulnerability of 3.2 feet of sea level rise in this century. A 2017 report by the national Oceanic and Atmospheric Administration finds that, based on peer-reviewed scientific research, sea levels will rise 3.2 feet in Hawaii before the end of the century an "intermediate" scenario and as early as 2060 in an "extreme" scenario. The legislature further finds that a property's vulnerability to sea level rise, as identified by the Hawaii Sea Level Rise Vulnerability and Adaptation Report and the corresponding sea level rise exposure area map data available in the Hawaii sea level rise viewer and county mapping tools, is a material fact for the purpose of mandatory seller disclosures in sales of residential real property. The Hawaii sea level rise viewer includes a tax map key parcel map layer and search function that allows users to locate a property of concern. Chapter 508D, Hawaii Revised Statutes, requires that all residential property sales include a written disclosure statement prepared by or for the seller that fully and accurately discloses all material facts about the property. A "material fact" is defined in the chapter as "any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale." The legislature finds that sea level rise, or an ongoing vulnerability to it, may be expected to measurably affect the value of residential real property. Accordingly, the purpose of this Act is to require that mandatory seller disclosures in residential real property transactions identify property within the sea level rise exposure area, as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor. SECTION 2. Section 508D-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) When residential real property lies: (1) Within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps promulgated by the United States Department of Housing and Urban Development for the purposes of determining eligibility for emergency flood insurance programs; (2) Within the boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport; (3) Within the boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities; [or] (4) Within the anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps[,]; or (5) Within the sea level rise exposure area, as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor, subject to the availability of maps that designate the [four] five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the [four] five designated areas specified in this subsection. The maps shall identify the properties situated within the [four] five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on January 1, 2022. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature recognizes that climate change is an actuality, and it is a priority issue for the State. Climate change poses immediate and long-term threats to Hawaii's economy, sustainability, security, and way of life. Sea level rise is an immediate consequence of climate change. The Hawaii Sea Level Rise Vulnerability and Adaptation Report, adopted by the Hawaii climate change mitigation and adaptation commission, provided a statewide assessment of vulnerability of 3.2 feet of sea level rise in this century. A 2017 report by the national Oceanic and Atmospheric Administration finds that, based on peer-reviewed scientific research, sea levels will rise 3.2 feet in Hawaii before the end of the century an "intermediate" scenario and as early as 2060 in an "extreme" scenario.
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51	51	The legislature further finds that a property's vulnerability to sea level rise, as identified by the Hawaii Sea Level Rise Vulnerability and Adaptation Report and the corresponding sea level rise exposure area map data available in the Hawaii sea level rise viewer and county mapping tools, is a material fact for the purpose of mandatory seller disclosures in sales of residential real property. The Hawaii sea level rise viewer includes a tax map key parcel map layer and search function that allows users to locate a property of concern. Chapter 508D, Hawaii Revised Statutes, requires that all residential property sales include a written disclosure statement prepared by or for the seller that fully and accurately discloses all material facts about the property. A "material fact" is defined in the chapter as "any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale." The legislature finds that sea level rise, or an ongoing vulnerability to it, may be expected to measurably affect the value of residential real property.
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53	53	Accordingly, the purpose of this Act is to require that mandatory seller disclosures in residential real property transactions identify property within the sea level rise exposure area, as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor.
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55	55	SECTION 2. Section 508D-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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57	57	"(a) When residential real property lies:
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59	59	(1) Within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps promulgated by the United States Department of Housing and Urban Development for the purposes of determining eligibility for emergency flood insurance programs;
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61	61	(2) Within the boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;
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63	63	(3) Within the boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities; [or]
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65	65	(4) Within the anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps[,]; or
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67	67	(5) Within the sea level rise exposure area, as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor,
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69	69	subject to the availability of maps that designate the [four] five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the [four] five designated areas specified in this subsection. The maps shall identify the properties situated within the [four] five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee."
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71	71	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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73	73	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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75	75	SECTION 5. This Act shall take effect on January 1, 2022.
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79	79	INTRODUCED BY: _____________________________
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81	81	INTRODUCED BY:
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89	89	Report Title: Real Estate Transactions; Mandatory Seller Disclosures; Sea Level Rise Exposure Area Description: Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area, as designated by the Hawaii climate change mitigation and adaptation commission or its successor. 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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95	95	Report Title:
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97	97	Real Estate Transactions; Mandatory Seller Disclosures; Sea Level Rise Exposure Area
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101	101	Description:
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103	103	Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area, as designated by the Hawaii climate change mitigation and adaptation commission or its successor.
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111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.