REPORT TITLE:
Coastal zone management


DESCRIPTION:
Clarifies that the lead agency is responsible for maintaining a
public advisory body and that the body is advisory to the lead
agency and the State Coastal Zone Management Program.
Establishes a Coastal Zone Special Fund.  Increases the cost
threshold for development permits.  Clarifies exempt activities
under "development."  Repeals the marine and coastal zone
management advisory group.  (HB2426 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2426
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO COASTAL ZONE MANAGEMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 clarify the language of chapter 205A, Hawaii Revised Statutes,
 
 3 pertaining to public advisory group because of recent litigation
 
 4 and to revise the objectives and policies of the chapter to make
 
 5 them consistent with the practical intent and purpose of coastal
 
 6 zone management.  The legislature also finds that a special fund
 
 7 for the coastal zone management program will allow it to seek
 
 8 funds from various outside sources.
 
 9      The purpose of this Act is to make clear that it is the lead
 
10 agency's responsibility to maintain a public advisory body and
 
11 that the body is advisory to the lead agency and the state
 
12 coastal zone management program.  The Act amends certain
 
13 objectives and policies to make the former all goal statements
 
14 and the latter all implementation statements.  The Act also
 
15 establishes a coastal zone special fund to allow the program to
 
16 retain fees, fines, and moneys directed to the program by non-
 
17 state sources and use the funds for the purposes of the program.
 
18      SECTION 2.  Chapter 205A, Hawaii Revised Statutes, is
 
19 amended by adding to part I a new section to be appropriately
 
20 designated and to read as follows:
 

 
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 1      "§205A-    Coastal zone special fund; establishment.  (a)
 
 2 There is established in the state treasury the coastal zone
 
 3 special fund, into which shall be deposited:
 
 4      (1)  Moneys collected as fees for permits administered by
 
 5           the lead agency for activities in the coastal zone;
 
 6      (2)  Moneys collected by the lead agency as fines for
 
 7           violation of this chapter; and
 
 8      (3)  Moneys directed to the coastal zone management program
 
 9           from nonstate sources, including grants, bequests,
 
10           awards, and donations.
 
11      (b)  Moneys in the coastal zone special fund shall be used
 
12 only as authorized by the legislature for the following purposes:
 
13      (1)  For programs and activities to implement or enforce
 
14           this chapter, including the provision of state funds to
 
15           match federal grants from the National Oceanic and
 
16           Atmospheric Administration, Environmental Protection
 
17           Agency, or other federal agency;
 
18      (2)  For any of the coastal zone management programs and
 
19           responsibilities of the lead agency; and
 
20      (3)  For research programs and activities concerning
 
21           conservation and management in the coastal zone
 
22           sponsored by the lead agency.  Research programs and
 

 
 
 
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 1           activities may be conducted by personnel of the lead
 
 2           agency or through grants-in-aid to or contracts with
 
 3           qualified entities.
 
 4      (c)  The coastal zone special fund shall not be used as
 
 5 security for, or pledged to the payment of principal or interest
 
 6 on, any bonds or other instruments of indebtedness.
 
 7      (d)  Nothing in this section shall be construed as
 
 8 prohibiting the funding with general funds or other funds of
 
 9 programs and activities to implement or enforce this chapter.
 
10      (e)  The lead agency shall prepare and submit an annual
 
11 report on the status of the coastal zone special fund to the
 
12 legislature no later than twenty days prior to the convening of
 
13 each regular session.  The report shall include:
 
14      (1)  The source and application of moneys deposited into the
 
15           fund, including a description of the criteria and
 
16           process used to determine funding priorities;
 
17      (2)  A description of programs and activities supported by
 
18           the fund;
 
19      (3)  A summary of program highlights and accomplishments;
 
20           and
 
21      (4)  A description of future program plans, including
 
22           specific goals and objectives.
 

 
 
 
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 1 The report may be combined with the annual report required by
 
 2 section 205A-3(10)."
 
 3      SECTION 3.  Section 205A-1, Hawaii Revised Statutes, is
 
 4 amended by amending the definition of "advisory group" to read as
 
 5 follows:
 
 6      "["Advisory group"] "Public advisory body" means the [marine
 
 7 and coastal zone management] advisory [group] body established in
 
 8 section 205A-3.5;"
 
 9      SECTION 4.  Section 205A-2, Hawaii Revised Statutes, is
 
10 amended by amending subsections (b) and (c) to read as follows:
 
11      "(b)  Objectives.
 
12      (1)  Recreational resources;
 
13           (A)  Provide coastal recreational opportunities
 
14                accessible to the public.
 
15      (2)  Historic resources;
 
16           (A)  Protect, preserve, and, where desirable, restore
 
17                those natural and manmade historic and prehistoric
 
18                resources in the coastal zone management area that
 
19                are significant in Hawaiian and American history
 
20                and culture.
 
21      (3)  Scenic and open space resources;
 
22           (A)  Protect, preserve, and, where desirable, restore
 
23                or improve the quality of coastal scenic and open
 
24                space resources.
 

 
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 1      (4)  Coastal ecosystems;
 
 2           (A)  Protect valuable coastal ecosystems, including
 
 3                reefs, from disruption and minimize adverse
 
 4                impacts on all coastal ecosystems.
 
 5      (5)  Economic uses;
 
 6           (A)  Provide public or private facilities and
 
 7                improvements important to the State's economy in
 
 8                suitable locations.
 
 9      (6)  Coastal hazards;
 
10           (A)  Reduce hazard to life and property from tsunami,
 
11                storm waves, stream flooding, erosion, subsidence,
 
12                and pollution.
 
13      (7)  Managing development;
 
14           (A)  Improve the development review process,
 
15                communication, and public participation in the
 
16                management of coastal resources and hazards.
 
17      (8)  Public participation;
 
18           (A)  Stimulate public awareness, education, and
 
19                participation in coastal management.
 
20      (9)  Beach protection;
 
21           (A)  Protect beaches for public use and recreation.
 
22     (10)  Marine resources;
 

 
 
 
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 1           (A)  [Implement the State's ocean resources management
 
 2                plan.] Promote the protection, use, and
 
 3                development of marine and coastal resources to
 
 4                assure their sustainability.
 
 5      (c)  Policies.
 
 6      (1)  Recreational resources;
 
 7           (A)  Improve coordination and funding of coastal
 
 8                recreational planning and management; and
 
 9           (B)  Provide adequate, accessible, and diverse
 
10                recreational opportunities in the coastal zone
 
11                management area by:
 
12                (i)  Protecting coastal resources uniquely suited
 
13                     for recreational activities that cannot be
 
14                     provided in other areas;
 
15               (ii)  Requiring replacement of coastal resources
 
16                     having significant recreational value,
 
17                     including but not limited to surfing sites,
 
18                     fishponds, and sand beaches, when such
 
19                     resources will be unavoidably damaged by
 
20                     development; or requiring reasonable monetary
 
21                     compensation to the State for recreation when
 
22                     replacement is not feasible or desirable;
 

 
 
 
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 1              (iii)  Providing and managing adequate public
 
 2                     access, consistent with conservation of
 
 3                     natural resources, to and along shorelines
 
 4                     with recreational value;
 
 5               (iv)  Providing an adequate supply of shoreline
 
 6                     parks and other recreational facilities
 
 7                     suitable for public recreation;
 
 8                (v)  Ensuring public recreational [use] uses of
 
 9                     county, state, and federally owned or
 
10                     controlled shoreline lands and waters having
 
11                     recreational value consistent with public
 
12                     safety standards and conservation of natural
 
13                     resources;
 
14               (vi)  Adopting water quality standards and
 
15                     regulating point and nonpoint sources of
 
16                     pollution to protect, and where feasible,
 
17                     restore the recreational value of coastal
 
18                     waters;
 
19              (vii)  Developing new shoreline recreational
 
20                     opportunities, where appropriate, such as
 
21                     artificial lagoons, artificial beaches, and
 
22                     artificial reefs for surfing and fishing; and
 

 
 
 
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 1             (viii)  Encouraging reasonable dedication of
 
 2                     shoreline areas with recreational value for
 
 3                     public use as part of discretionary approvals
 
 4                     or permits by the land use commission, board
 
 5                     of land and natural resources, and county
 
 6                     [planning commissions;] authorities; and
 
 7                     crediting such dedication against the
 
 8                     requirements of section 46-6.
 
 9      (2)  Historic resources;
 
10           (A)  Identify and analyze significant archaeological
 
11                resources;
 
12           (B)  Maximize information retention through
 
13                preservation of remains and artifacts or salvage
 
14                operations; and
 
15           (C)  Support state goals for protection, restoration,
 
16                interpretation, and display of historic resources.
 
17      (3)  Scenic and open space resources;
 
18           (A)  Identify valued scenic resources in the coastal
 
19                zone management area;
 
20           (B)  Ensure that new developments are compatible with
 
21                their visual environment by designing and locating
 
22                such developments to minimize the alteration of
 
23                natural landforms and existing public views to and
 
24                along the shoreline;
 

 
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 1           (C)  Preserve, maintain, and, where desirable, improve
 
 2                and restore shoreline open space and scenic
 
 3                resources; and
 
 4           (D)  Encourage those developments [which] that are not
 
 5                coastal dependent to locate in inland areas.
 
 6      (4)  Coastal ecosystems;
 
 7           (A)  Exercise an overall conservation ethic, and
 
 8                practice stewardship in the protection, use, and
 
 9                development of marine and coastal resources;
 
10          [(A)] (B)  Improve the technical basis for natural
 
11                resource management;
 
12          [(B)] (C)  Preserve valuable coastal ecosystems,
 
13                including reefs, of significant biological or
 
14                economic importance;
 
15          [(C)] (D)  Minimize disruption or degradation of coastal
 
16                water ecosystems by effective regulation of stream
 
17                diversions, channelization, and similar land and
 
18                water uses, recognizing competing water needs; and
 
19          [(D)] (E)  Promote water quantity and quality planning
 
20                and management practices which reflect the
 
21                tolerance of fresh water and marine ecosystems and
 
22                [prohibit land and water uses which violate state
 
23                water quality standards.] maintain and enhance
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1                water quality through the development and
 
 2                implementation of point and nonpoint source water
 
 3                pollution control measures.
 
 4      (5)  Economic uses;
 
 5           (A)  Concentrate coastal dependent development in
 
 6                appropriate areas;
 
 7           (B)  Ensure that coastal dependent development such as
 
 8                harbors and ports, and coastal related development
 
 9                such as visitor industry facilities and energy
 
10                generating facilities, are located, designed, and
 
11                constructed to minimize adverse social, visual,
 
12                and environmental impacts in the coastal zone
 
13                management area; and
 
14           (C)  Direct the location and expansion of coastal
 
15                dependent developments to areas presently
 
16                designated and used for such developments and
 
17                permit reasonable long-term growth at such areas,
 
18                and permit coastal dependent development outside
 
19                of presently designated areas when:
 
20                (i)  Use of presently designated locations is not
 
21                     feasible;
 
22               (ii)  Adverse environmental effects are minimized;
 
23                     and
 

 
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 1              (iii)  The development is important to the State's
 
 2                     economy.
 
 3      (6)  Coastal hazards;
 
 4           (A)  Develop and communicate adequate information about
 
 5                storm wave, tsunami, flood, erosion, subsidence,
 
 6                and point and nonpoint source pollution hazards;
 
 7           (B)  Control development in areas subject to storm
 
 8                wave, tsunami, flood, erosion, hurricane, wind,
 
 9                subsidence, and point and nonpoint source
 
10                pollution hazards;
 
11           (C)  Ensure that developments comply with requirements
 
12                of the Federal Flood Insurance Program; and
 
13           (D)  Prevent coastal flooding from inland projects[;
 
14                and
 
15           (E)  Develop a coastal point and nonpoint pollution
 
16                control program].
 
17      (7)  Managing development;
 
18           (A)  Use, implement, and enforce existing law
 
19                effectively to the maximum extent possible in
 
20                managing present and future coastal zone
 
21                development;
 
22           (B)  Facilitate timely processing of applications for
 
23                development permits and resolve overlapping or
 
24                conflicting permit requirements; and
 

 
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 1           (C)  Communicate the potential short and long-term
 
 2                impacts of proposed significant coastal
 
 3                developments early in their [life-cycle] life
 
 4                cycle and in terms understandable to the public to
 
 5                facilitate public participation in the planning
 
 6                and review process.
 
 7      (8)  Public participation;
 
 8           (A)  [Maintain a public advisory body to identify
 
 9                coastal management problems and to provide policy
 
10                advice and assistance to the coastal zone
 
11                management program;] Promote public involvement in
 
12                coastal zone management processes;
 
13           (B)  Disseminate information on coastal management
 
14                issues by means of educational materials,
 
15                published reports, staff contact, and public
 
16                workshops for persons and organizations concerned
 
17                with [coastal-related] coastal issues,
 
18                developments, and government activities; and
 
19           (C)  Organize workshops, policy dialogues, and site-
 
20                specific mediations to respond to coastal issues
 
21                and conflicts.
 
22      (9)  Beach protection;
 

 
 
 
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 1           (A)  Locate new structures inland from the shoreline
 
 2                setback to conserve open space, minimize
 
 3                interference with natural shoreline processes, and
 
 4                [to] minimize loss of improvements due to erosion;
 
 5           (B)  Prohibit construction of private erosion-
 
 6                protection structures seaward of the shoreline,
 
 7                except when they result in improved aesthetic and
 
 8                engineering solutions to erosion at the sites and
 
 9                do not interfere with existing recreational and
 
10                waterline activities; and
 
11           (C)  Minimize the construction of public erosion-
 
12                protection structures seaward of the shoreline.
 
13     (10)  Marine resources;
 
14          [(A)  Exercise an overall conservation ethic, and
 
15                practice stewardship in the protection, use, and
 
16                development of marine and coastal resources;
 
17           (B)  Assure] (A)  Ensure that the use and development
 
18                of marine and coastal resources are ecologically
 
19                and environmentally sound and economically
 
20                beneficial;
 
21          [(C)] (B)  Coordinate the management of marine and
 
22                coastal resources and activities management to
 
23                improve effectiveness and efficiency;
 

 
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 1          [(D)] (C)  Assert and articulate the interests of the
 
 2                State as a partner with federal agencies in the
 
 3                sound management of ocean resources within the
 
 4                United States exclusive economic zone;
 
 5          [(E)] (D)  Promote research, study, and understanding of
 
 6                ocean processes, marine life, and other ocean
 
 7                resources in order to acquire and inventory
 
 8                information necessary to understand how ocean
 
 9                development activities relate to and impact upon
 
10                ocean and coastal resources; and
 
11          [(F)] (E) Encourage research and development of new,
 
12                innovative technologies for exploring, using, or
 
13                protecting marine and coastal resources."
 
14      SECTION 5.  Section 205A-3, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§205A-3  Lead agency.  The lead agency shall:
 
17      (1)  Receive, disburse, use, expend, and account for all
 
18           funds that are made available by the United States and
 
19           the State for the coastal zone management program;
 
20      (2)  Provide support and assistance in the administration of
 
21           the coastal zone management program;
 
22      (3)  Review federal programs, federal permits, federal
 
23           licenses, and federal development proposals for
 
24           consistency with the coastal zone management program;
 

 
Page 15                                                    2426
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 1      (4)  Consult with the counties and the public in preparing
 
 2           guidelines to further specify and clarify the
 
 3           objectives and policies of the chapter to be submitted
 
 4           twenty days prior to the convening of any regular
 
 5           session of the legislature for review, modification, or
 
 6           enactment by the legislature;
 
 7      (5)  Conduct a continuing review of the administration of
 
 8           the coastal zone management program and of the
 
 9           compliance of state and county agencies with the
 
10           objectives and policies of this chapter;
 
11      (6)  Facilitate public participation in the coastal zone
 
12           management program[;], including the maintenance of a
 
13           public advisory body to identify coastal management
 
14           problems and to provide policy advice and assistance to
 
15           the lead agency and the coastal zone management
 
16           program;
 
17      (7)  Prepare and periodically update a plan for use of
 
18           coastal zone management funds to resolve coastal
 
19           problems and issues that are not adequately addressed
 
20           by existing laws and rules;
 
21      (8)  Advocate agency compliance with chapter 205A;
 
22      (9)  Monitor the coastal zone management-related enforcement
 
23           activities of the state and county agencies responsible
 

 
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 1           for the administration of the objectives and policies
 
 2           of this chapter;
 
 3     (10)  Prepare an annual report to the governor and the
 
 4           legislature which shall include recommendations for
 
 5           enactment of any legislation necessary to require any
 
 6           agency to comply with the objectives and policies of
 
 7           this chapter and any guidelines enacted by the
 
 8           legislature; and
 
 9     (11)  Coordinate the implementation of the ocean resources
 
10           management plan."
 
11      SECTION 6.  Section 205A-3.5, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]§205A-3.5[]]  Advisory [group] body; establishment;
 
14 composition.(a)  There is established within [the lead agency a
 
15 marine and coastal zone management advisory group.] and advisory
 
16 to the lead agency an advisory body.
 
17      (b)  The advisory [group] body shall be composed of [twenty
 
18 members.] not more than twelve citizens who shall be appointed by
 
19 the governor for staggered terms of not more than three years.
 
20 [Advisory group membership shall include:
 
21      (1)  The directors of the departments of planning in the
 
22           counties of Hawaii, Kauai, and Maui and the director of
 
23           the department of land utilization in the city and
 
24           county of Honolulu
 

 
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 1      (2)  The attorney general, the chairperson of the board of
 
 2           agriculture, the director of business, economic
 
 3           development, and tourism, the adjutant general, the
 
 4           director of health, the chairperson of the board of
 
 5           land and natural resources, the director of public
 
 6           safety, the director of transportation , and the dean
 
 7           of the school of ocean and earth sciences and
 
 8           technology of the University of Hawaii;
 
 9      (3)  The executive director of Kahoolawe island reserve
 
10           commission; and
 
11      (4)  Six non-government members, who shall be appointed by
 
12           the governor for staggered terms of not more than two
 
13           years.]  These members shall be selected with
 
14           consideration given to the following criteria:
 
15     [(A)] (1)  Statewide geographic distribution; and
 
16     [(B)] (2)  Balanced representation from among the following
 
17           interests: [commercial, environmental,] business,
 
18           environment, native Hawaiian,[recreational, and
 
19           research interests.
 
20 Prior to the appointment of the non-governmental members, the
 
21 lead agency shall undertake widespread solicitation of
 
22 applications from persons who are interested in serving on the
 
23 advisory group.] terrestrial and marine commerce, recreation,
 
24 research, and tourism.
 

 
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 1     [(c)  The director of the] The lead agency shall [serve as
 
 2 the chair of the advisory group and shall serve in a voting
 
 3 capacity.] undertake widespread solicitation of applications from
 
 4 persons who are interested in serving on the advisory body.
 
 5     (c) The advisory body shall select its own chair from among
 
 6 its members.
 
 7     (d)  [A coordinating committee may be established to assist
 
 8 the advisory group.] The advisory body may establish working
 
 9 groups as needed. Working group members may include persons who
 
10 are not members of the advisory body.
 
11     (e)  Advisory [group] body and [coordinating committee]
 
12 working group members shall serve without compensation.
 
13     (f)  The advisory [group] body shall [advise] support the
 
14 lead agency by providing advice regarding marine and coastal zone
 
15 management planning, coordination, and facilitation of functions
 
16 of the program.  It shall:
 
17      (1)  Evaluate the state coastal management program
 
18           (including activity of the network agencies) and make
 
19           recommendations for improvements;
 
20      (2)  Advocate for the program to the public and the
 
21           executive and legislative branches of government; and
 
22      (3)  Advocate, provide for, and act upon citizen input.
 

 
 
 
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 1      (g)  The [non-government members of the advisory group]
 
 2 advisory body shall prepare and submit to the legislature, prior
 
 3 to each regular session, a summary of the activities undertaken
 
 4 and recommendations [appearing in the minutes of the meetings of
 
 5 the advisory group] made during the prior calendar year and the
 
 6 actions resulting from those recommendations.  The advisory
 
 7 [group] body shall work toward the [establishment and]
 
 8 implementation of an integrated and comprehensive management
 
 9 system for marine and coastal zone resources, consistent with the
 
10 objectives and policies established in this chapter."
 
11      SECTION 7.  Section 205A-22, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending the definition of "development" to read:
 
14      ""Development" means any of the uses, activities, or
 
15 operations on land or in or under water within a special
 
16 management area that are included below:
 
17      (1)  Placement or erection of any solid material or any
 
18           gaseous, liquid, solid, or thermal waste;
 
19      (2)  Grading, removing, dredging, mining, or extraction of
 
20           any materials;
 
21      (3)  Change in the density or intensity of use of land,
 
22           including but not limited to the division or
 
23           subdivision of land;
 

 
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 1      (4)  Change in the intensity of use of water, ecology
 
 2           related thereto, or of access thereto; and
 
 3      (5)  Construction, reconstruction, demolition, or alteration
 
 4           of the size of any structure.
 
 5      "Development" does not include the following:
 
 6      (1)  Construction of a single-family residence that is not
 
 7           part of a larger development;
 
 8      (2)  Construction of a second single-family residence on a
 
 9           lot where otherwise permitted;
 
10     [(2)] (3)  Repair or maintenance of roads and highways within
 
11           existing rights-of-way;
 
12     [(3)] (4)  Routine maintenance dredging of existing streams,
 
13           channels, and drainage ways;
 
14     [(4)] (5)  Repair and maintenance of underground utility
 
15           lines, including but not limited to water, sewer,
 
16           power, and telephone and minor appurtenant structures
 
17           such as pad mounted transformers and sewer pump
 
18           stations;
 
19     [(5)] (6)  Zoning variances, except for height, density,
 
20           parking, and shoreline setback;
 
21     [(6)] (7)  Repair, maintenance, or interior alterations to
 
22           existing structures;
 

 
 
 
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 1     [(7)] (8)  Demolition or removal of structures, except those
 
 2           structures located on any historic site as designated
 
 3           in national or state registers;
 
 4     [(8)] (9)  Use of any land for the purpose of cultivating,
 
 5           planting, growing, and harvesting plants, crops, trees,
 
 6           and other agricultural, horticultural, or forestry
 
 7           products or animal husbandry, or aquaculture or
 
 8           mariculture of plants or animals, or other agricultural
 
 9           purposes;
 
10     [(9)] (10)  Transfer of title to land;
 
11    [(10)] (11)  Creation or termination of easements, covenants,
 
12           or other rights in structures or land;
 
13    [(11)] (12)  Subdivision of land into lots greater than twenty
 
14           acres in size;
 
15    [(12)] (13)  Subdivision of a parcel of land into four or
 
16           fewer parcels when no associated construction
 
17           activities are proposed; provided that any land which
 
18           is so subdivided shall not thereafter qualify for this
 
19           exception with respect to any subsequent subdivision of
 
20           any of the resulting parcels;
 
21    [(13)] (14)  Installation of underground utility lines and
 
22           appurtenant aboveground fixtures less than four feet in
 
23           height along existing corridors;
 

 
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 1    [(14)] (15)  Structural and nonstructural improvements to
 
 2           existing single-family residences[,including additional
 
 3           dwelling units,] and additional single-family
 
 4           residences, where otherwise permissible; and
 
 5    [(15)] (16)  Nonstructural improvements to existing commercial
 
 6           structures;
 
 7 provided that whenever the authority finds that any excluded use,
 
 8 activity, or operation is or may become part of a larger project
 
 9 the cumulative impact of which may have a significant
 
10 environmental or ecological effect on a special management area,
 
11 that use, activity, or operation shall be defined as
 
12 "development" for the purpose of this part."
 
13      2.  By amending the definition of "special management area
 
14 minor permit" to read:
 
15      ""Special management area minor permit" means an action by
 
16 the authority authorizing development the valuation of which is
 
17 not in excess of [$125,000] $165,000 and which has no substantial
 
18 adverse environmental or ecological effect, taking into account
 
19 potential cumulative effects."
 
20      3.  By amending the definition of "special management area
 
21 use permit" to read:
 
22      ""Special management area use permit" means an action by the
 
23 authority authorizing development the valuation of which exceeds
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 [$125,000] $165,000 or which may have a substantial adverse
 
 2 environmental or ecological effect, taking into account potential
 
 3 cumulative effects."
 
 4      SECTION 8.  Section 205A-32, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§205A-32  Penalties.(a)  Any person who violates any
 
 7 provision of part II or part III shall be liable [for] as
 
 8 follows:
 
 9      (1)  For a civil fine not to exceed [$10,000.] $100,000; or
 
10      (2)  For the cost of returning the affected environment or
 
11           ecology within the coastal management area to the
 
12           condition existing before the violation.
 
13      (b)  In addition to any other penalties, any person who is
 
14 violating any provision of part II or part III shall be liable
 
15 for a civil fine not to exceed [$1,000] $10,000 a day for each
 
16 day in which such violation persists.
 
17      (c)  Any civil fine or other penalty provided under this
 
18 section may be imposed by the circuit court or may be imposed by
 
19 the department after an opportunity for a hearing under chapter
 
20 91.  Imposition of a civil fine shall not be a prerequisite to
 
21 any civil fine or other injunctive relief ordered by the circuit
 
22 court."
 

 
 
 
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 1      SECTION 9.  There is appropriated out of the coastal zone
 
 2 special fund the sum of $          or so much thereof as may be
 
 3 necessary for fiscal year 2000-2001 to be expended for the
 
 4 purposes of the coastal zone special fund.
 
 5      SECTION 10.  The sum appropriated shall be expended by the
 
 6 office of planning for the purposes of the coastal zone special
 
 7 fund.
 
 8      SECTION 11.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 12.  This Act shall take effect upon its approval.