| 47 | | - | SECTION 1. The legislature finds that the threat of sea level rise and associated coastal hazards is well-documented and already impacting various locations throughout the State. The 2023 National Climate Assessment states that for Hawaii and the United States Affiliated Pacific Islands, climate change, particularly sea level rise, will continue to threaten the natural and built environment and will harm numerous sectors of the islands' economies. A variety of strategies are required to mitigate the effects of climate change and require thoughtful, community-engaged location-based planning and consideration to achieve desired results. The legislature aims to support and safeguard vulnerable communities and to protect and conserve public trust resources, including sandy beaches and dune systems, which provide a critical natural defense against the impacts of sea level rise and associated coastal hazards, while also being a resource for public use and enjoyment, cultural importance, and ecosystem services. The legislature further finds that adaptation to sea level rise and coastal hazards is best achieved via adaptation pathways with triggers for successive adaptation measures over time. It is in the public interest that state and county governments engage in collaborative, holistic, location-specific adaptation planning, which may include the modification of, and ultimate relocation of, private and public development and infrastructure away from areas that are or will be critically damaged by coastal hazards, including coastal erosion and flooding associated with sea level rise. Areas of particular concern are those with high ecosystem, cultural, and public recreational resource value. In recognition of the need for a coordinated approach to climate mitigation and adaptation planning, the legislature established the Hawaii climate change mitigation and adaptation commission (commission) to be a coordinating body that establishes climate change mitigation and adaptation strategies and goals. The commission also provides policy direction, facilitation, coordination, and planning amongst county, state, and federal agencies and other partners as appropriate among the various state and county departments and agencies. The purpose of this Act is to require the commission to develop a framework for and engage in long-term adaptation pathways planning together with affected communities, to facilitate natural resource conservation, limit damage to public and private development, and reduce cost to taxpayers for impacts associated with sea level rise and associated coastal hazards by: (1) Requiring the commission to develop a strategy and framework for collaborative governance to prepare adaptation pathways plans; (2) Requiring the commission to coordinate the preparation of plans to facilitate implementation of adaptation measures, including the modification and relocation of development and infrastructure away from certain high-risk areas; and (3) Requiring the appropriate state and county agencies with representation on the commission to implement the adaptation pathways plans developed by the commission. SECTION 2. Chapter 225P, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§225P- Sea level rise adaptation pathways planning. (a) The commission, in cooperation with the appropriate state and county agencies, shall prepare and periodically revise regional-scale adaptation pathways plans to facilitate the adaptation of vulnerable private residential, commercial, industrial, and resort development and associated public infrastructure to the impacts of sea level rise and associated flooding and erosion, and the restoration or remediation of the shoreline and surrounding coastal area, where appropriate. (b) The commission shall: (1) Develop a framework and process for the assessment of locations and implementation of adaptation pathways plans; (2) Identify communities and coastal lands that are critically threatened by sea level rise and possess high natural and community resource value appropriate for adaptation; and (3) Initiate preparation of one regional sea level rise adaptation pathways plan for each county; provided that the locations for these plans shall be determined: (A) Jointly by the commission in coordination with community input following the framework established by the commission; and (B) Based on the severity of the threat of coastal erosion and flooding caused by sea level rise to development and natural resources, capacity to respond to the threat, ownership demographics, and zoning classification; (4) Finalize the process for assessment and implementation of adaptation pathways plans before December 31, 2026; and (5) Complete at least one regional plan for each county before December 31, 2030. (c) The commission shall develop adaptation pathways plans: (1) At a regional scale as recommended by the methods of the regional shoreline management study conducted by the office of planning and sustainable development; and (2) Specific to an individual location, considering factors including but not limited to the shoreline type and natural resource value, coastal processes and documented and projected erosion rates, coastal flooding, and groundwater inundation. (d) Adaptation pathways plans shall include adaptation measures, which may result in: (1) The relocation of development once adaptation triggers are reached or exceeded; and (2) The restoration and remediation of the shoreline and surrounding coastal areas, as appropriate, after the removal of structures and materials. (e) In preparing plans pursuant to this section, the commission: (1) May use or conduct studies: (A) Necessary to support the development of adaptation pathways plans, including the development of regional studies pertaining to relocation or physical alteration of development, cost-benefit analysis for project viability, and engineering studies; and (B) Pertaining to the restoration of lands to natural conditions and for public purposes; (2) Shall engage in culturally-informed, community-engaged planning to determine the appropriate adaptation actions and triggers for implementation on a regional scale; (3) Shall consider state and county climate adaptation plans; (4) Shall ensure that any adaptation pathways plan aligns with the objectives of state and county hazard mitigation plans and county general and community plans; and (5) Shall ensure that any armoring on sandy beaches to prevent the loss of critical public-infrastructure be time limited. (f) Relevant state and county agencies that shall participate in the adaptation pathways planning process include but are not limited to the: (1) Department of land and natural resources; (2) Office of planning and sustainable development; (3) Department of Hawaiian home lands; (4) Department of transportation; (5) Hawaii tourism authority; and (6) County planning agencies identified in chapter 205A. The adaptation pathways plans shall be cooperatively implemented by the appropriate state and county agencies with land management authority at each location. (g) The department of land and natural resources shall enforce existing statutes and rules regarding the use of state lands and shall exercise the authority granted to it in implementing adaptation pathways plans prepared pursuant to this section. (h) The county planning authorities, as identified in chapter 205A, shall enforce shoreline setbacks, control development within the special management areas, and enforce building ordinances in implementing the adaptation pathways plans prepared pursuant to this section." SECTION 3. Section 225P-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows: ""Adaptation measure" means an individual action, including nature-based measures, flood-proofing, building elevation or reengineering, armoring, zoning changes, relocation to areas outside the sea level rise exposure area, and other actions in response to actual or anticipated damage caused by coastal erosion, flooding, groundwater inundation, and other hazards associated with sea level rise. "Adaptation pathway" means a collection of adaptation measures to be implemented sequentially in response to adaptation triggers intended to conserve and protect natural resources and lower risk of damage and loss due to progressive sea level rise over time. "Adaptation pathways plan" means a plan outlining the adaptation pathways appropriate for a specific region, or individual parcels within a region, with identified adaptation triggers for implementation of individual adaptation measures. "Adaptation trigger" means a predetermined condition that specifies when an adaptation measure is to be implemented in response to, or in anticipation of, environmental, structural, or natural resource damage impacts." SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii climate change mitigation and adaptation commission to develop adaptation pathways plans. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that the threat of sea level rise and associated coastal hazards is well-documented and already impacting various locations throughout the State. The 2023 National Climate Assessment states that for Hawaii and the United States Affiliated Pacific Islands, climate change, particularly sea level rise, will continue to threaten the natural and built environment and will harm numerous sectors of the islands' economies. A variety of strategies are required to mitigate the effects of climate change and require thoughtful, community-engaged location-based planning and consideration to achieve desired results. The legislature aims to support and safeguard vulnerable communities and to protect and conserve public trust resources, including sandy beaches and dune systems. Sandy beaches and dune systems provide a critical natural defense against the impacts of sea level rise and associated coastal hazards, while also being a resource for public use and enjoyment, cultural importance, and ecosystem services. The legislature further finds that adaptation to sea level rise and coastal hazards is best achieved via adaptation pathways with triggers for successive adaptation measures over time. It is in the public interest that state and county governments engage in collaborative, holistic, location-specific adaptation planning, which may include the modification of, and ultimate relocation of, private and public development and infrastructure away from areas that are or will be critically damaged by coastal hazards, including coastal erosion and flooding associated with sea level rise. Areas of particular concern are those with high ecosystem, cultural, and public recreational resource value. In recognition of the need for a coordinated approach to climate mitigation and adaptation planning, the legislature established the Hawaii climate change mitigation and adaptation commission (commission) to be a coordinating body that establishes climate change mitigation and adaptation strategies and goals. The commission also provides policy direction, facilitation, coordination and planning amongst county, state, and federal agencies and other partners as appropriate among the various state and county departments and agencies. The purpose of this Act is to require the commission to develop a framework for and engage in long-term adaptation pathways planning together with affected communities, to facilitate natural resource conservation, limit damage to public and private development, and reduce cost to taxpayers for impacts associated with sea level rise and associated coastal hazards by: (1) Requiring the commission to develop a strategy and framework for collaborative governance to prepare adaptation pathways plans; (2) Requiring the commission to coordinate the preparation of plans to facilitate implementation of adaptation measures, including the modification and relocation of development and infrastructure away from certain high-risk areas; and (3) Requiring the appropriate state and county agencies with representation on the commission to implement the adaptation pathways plans developed by the commission. SECTION 2. Chapter 225P, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§225P- Sea level rise adaptation pathways planning. (a) The commission, in cooperation with the appropriate state and county agencies, shall prepare and periodically revise regional-scale adaptation pathways plans to facilitate the adaptation of vulnerable private residential, commercial, industrial, and resort development and associated public infrastructure to the impacts of sea level rise and associated flooding and erosion, and the restoration or remediation of the shoreline and surrounding coastal area, where appropriate. (b) The commission shall: (1) Develop a framework and process for the assessment of locations and implementation of adaptation pathways plans; (2) Identify communities and coastal lands that are critically threatened by sea level rise and possess high natural and community resource value appropriate for adaptation; and (3) Initiate preparation of one regional sea level rise adaptation pathways plan for each county; provided that the locations for these plans shall be determined: (A) Jointly by the commission in coordination with community input following the framework established by the commission; and (B) Based on the severity of the threat of coastal erosion and flooding caused by sea level rise to development and natural resources, capacity to respond to the threat, ownership demographics, and zoning classification; (4) Finalize the process for assessment and implementation of adaptation pathways plans before December 31, 2026; and (5) Complete at least one regional plan for each county before December 31, 2030. (c) The commission shall develop adaptation pathways plans: (1) At a regional scale as recommended by the methods of the regional shoreline management study conducted by the office of planning and sustainable development; and (2) Specific to an individual location, considering factors including but not limited to, the shoreline type and natural resource value, coastal processes and documented and projected erosion rates, coastal flooding, and groundwater inundation. (d) Adaptation pathways plans shall include adaptation measures, which may result in: (1) The relocation of development once adaptation triggers are reached or exceeded; and (2) The restoration and remediation of the shoreline and surrounding coastal areas, as appropriate, after the removal of structures and materials. (e) In preparing plans pursuant to this section, the commission: (1) May use or conduct studies: (A) Necessary to support the development of adaptation pathways plans, including the development of regional studies pertaining to relocation or physical alteration of development, cost-benefit analysis for project viability, and engineering studies; and (B) Pertaining to the restoration of lands to natural conditions and for public purposes; (2) Shall engage in culturally-informed community-engaged planning to determine the appropriate adaptation actions and triggers for implementation on a regional scale; (3) Shall consider state and county climate adaptation plans; (4) Shall ensure that any adaptation pathways plan aligns with the objectives of state and county hazard mitigation plans and county general and community plans; and (5) Shall ensure that any armoring on sandy beaches to prevent the loss of critical public-infrastructure be time limited. (f) Relevant state and county agencies that shall participate in the adaptation pathways planning process include but are not limited to the: (1) Department of land and natural resources; (2) Office of planning and sustainable development; (3) Department of Hawaiian home lands; (4) Department of transportation; (5) Hawaii tourism authority; and (6) County planning agencies identified in chapter 205A. The adaptation pathways plans shall be cooperatively implemented by the appropriate state and county agencies with land management authority at each location. (g) The department of land and natural resources shall enforce existing statutes and rules regarding the use of state lands and shall exercise the authority granted to it in implementing adaptation pathways plans prepared pursuant to this section. (h) The county planning authorities, as identified in chapter 205A, shall enforce shoreline setbacks, control development within the special management areas, and enforce building ordinances in implementing the adaptation pathways plans prepared pursuant to this section." SECTION 3. Section 225P-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows: ""Adaptation measure" means an individual action, including nature-based measures, flood-proofing, building elevation or reengineering, armoring, zoning changes, relocation to areas outside the sea level rise exposure area, and other actions in response to actual or anticipated damage caused by coastal erosion, flooding, groundwater inundation, and other hazards associated with sea level rise. "Adaptation pathway" means a collection of adaptation measures to be implemented sequentially in response to adaptation triggers intended to conserve and protect natural resources and lower risk of damage and loss due to progressive sea level rise over time. "Adaptation pathways plan" means a plan outlining the adaptation pathways appropriate for a specific region, or individual parcels within a region, with identified adaptation triggers for implementation of individual adaptation measures. "Adaptation trigger" means a predetermined condition that specifies when an adaptation measure is to be implemented in response to, or in anticipation of, environmental, structural, or natural resource damage impacts." SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii climate change mitigation and adaptation commission to develop adaptation pathways plans. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________ |
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