By enacting SB2350, the legislation would amend Section 46-6.5 of the Hawaii Revised Statutes, creating a framework that allows counties to have more control over public access areas. This change is expected to ensure that when land is dedicated for public access, there exists a structured financial plan for upkeep and improvement, which would alleviate the burden on local governments. This focus on maintenance is critical to ensuring that public access areas are not only available but also safe and well-kept for community use.
Summary
SB2350 aims to strengthen the existing requirements for public access to coastal shorelines and mountain areas in Hawaii by ensuring that subdividers and developers have clear responsibilities for the maintenance and improvement of designated access points. The bill addresses the gaps in current law by giving counties the authority to require the establishment of a stewardship fund, which would be funded by the subdivider or developer to support the ongoing maintenance of right-of-way access. Alternatively, the counties may require the formation of a planned community association that would take over the responsibility of maintaining such access.
Contention
However, the bill may face contention from stakeholders concerned that the implementation of such a stewardship fund could lead to increased costs for developers, potentially affecting housing development and associated community services. Critics might argue that such requirements could hinder the progress of subdividing land and the pace at which new developments can proceed. On the other hand, supporters emphasize the necessity of ensuring that public interests are safeguarded, especially where community access to natural resources is involved.