STAND

STAND. COM. REP. 2406

Honolulu, Hawaii

, 2004

RE: S.B. No. 1556

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1556 entitled:

"A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT,"

begs leave to report as follows:

The purpose of this measure is to change the present shoreline certification process by:

(1) Changing the definition of "shoreline";

(2) Requiring state shoreline locators and private land surveyors to determine and certify shorelines;

(3) Specifying qualifications for shoreline locators;

(4) Requiring public notice when a locator goes onsite; and

(5) Appropriating funds for a videographic study of the upper reaches of the wash of high seasonal surf around the islands.

Testimony in support of the measure was submitted by a council member of the County Council of Kauai; a council member of the Hawai`i County Council; Sierra Club, Hawaii Chapter; Hawaii Audubon Society; Hawaii's Thousand Friends; and three concerned individuals. Testimony in opposition to the measure was submitted by the Department of Land and Natural Resources; Office of Planning, Department of Business, Economic Development and Tourism; Land Use Research Foundation of Hawaii; and Hawaii Reserves, Inc. The Office of Hawaiian Affairs; Marine and Coastal Zone Advocacy Council; Verizon Hawaii; Hawaii Leeward Planning Conference; and 5 concerned individuals submitted comments on the measure.

Your Committee finds that the current definition of "shoreline" is being misinterpreted and misapplied in the shoreline certification process by an over-reliance on vegetation and debris line criteria. That situation is aggravated by shoreline property owners intentionally planting vegetation to artificially increase seaward boundaries. Your Committee finds that clearer and more reliable criteria for determining shoreline setbacks are needed to prevent further abuse. Your Committee agreed with the comments of the Office of Hawaiian Affairs and incorporated its recommendations for amending the measure.

Accordingly, your Committee amended the measure by:

(1) Developing guidelines for identifying the shoreline;

(2) Conforming the definition of "shoreline" in the Ocean Recreation and Coastal Areas Programs chapter of the Hawaii Revised Statutes;

(3) Amending the definition of "shoreline" in the Coastal Zone Management chapter of the Hawaii Revised Statutes;

(4) Specifying the contents of the notice required when a locator is going onsite;

(5) Specifying the manner in which a proposed shoreline certification may be appealed; and

(6) Making technical, nonsubstantive and conforming changes.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1556, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1556, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

		____________________________ LORRAINE R. INOUYE, Chair