HB1714.DOC

SECTION 1. This Act shall be known as the Hawaii Climate Adaptation Initiative Act. The legislature finds that climate change is the paramount challenge of this century, posing both an urgent and long-term threat to the State's economy, sustainability, security, and way of life.

The 2012 Pacific Islands Regional Climate Assessment found that throughout the Pacific warmer and drier conditions will decrease fresh water supplies. Rising sea levels, exacerbated by storms, will increase coastal flooding and erosion, damaging coastal ecosystems and infrastructure and affecting agriculture, tourism, military bases, and other industries. Higher sea-surface temperatures will increase coral bleaching, leading to coral death and habitat loss. Increasing ocean acidification will have negative consequences for the entire marine ecosystem. In the long term, open-ocean fisheries will decline. Rising temperatures, and in some areas reduced rainfall, will increase the risk of extinctions. Threats to the traditional lifestyles of indigenous communities may include destruction of coastal artifacts and structures and reduced availability of traditional food sources and subsistence fisheries, which will make it difficult for Pacific Island communities to sustain their connection with a defined place and their unique set of customs, beliefs, and languages.

The legislature further finds that beach erosion, drought, and rising temperature are already having measurable impacts on Hawaii and are expected to accelerate in the years to come. With beaches continuing to erode, rain continuing to diminish, and sea levels projected to rise one foot by 2050 and three feet by 2100, Hawaii is highly vulnerable.

In 2012, the legislature enacted Act 286, Session Laws of Hawaii 2012, creating Climate Change Adaptation Priority Guidelines encouraging collaboration to address climate change and recognizing that it will impact the following: agriculture; conservation lands; coastal and nearshore marine areas; natural and cultural resources; education; energy; higher education; health; historic preservation; water resources; the built environment, such as housing, recreation, transportation; and the economy.

In 2013 Hawaii's landmark policies were included in the international Majuro Declaration for Climate Leadership when Hawaii signed on as the first sub-national government, after which President Obama appointed Governor Abercrombie as one of eight governors to the State, Local and Tribal Leaders Task Force on Climate Preparedness and Resilience.

Hawaii is one the last coastal states that has yet to adopt a statewide climate adaptation plan, yet is among the most vulnerable.

The legislature also finds that it is time to ensure that Hawaii adapts to the effects of climate change before they grow beyond our ability to prevent the worst impacts on our economy, environment, and way of life.

The purpose of this Act is to address the effects of climate change through 2050 to protect the State's economy, health, environment, and way of life by establishing a statewide climate adaptation plan that will:

(1) Assess the major areas of expected climate impacts in Hawaii;

(2) Create a model framework for assisting communities in developing recommendations for climate adaptation based on site specific studies;

(3) Develop short- and long-term plans and actionable policy recommendations to ensure the state and counties address the impacts of climate change;

(4) Establish an interagency climate council to facilitate ongoing coordination among state departments, counties, federal agencies, and partners; and

(5) Update expected impacts and adaptation policies every five years, as necessary.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

InterAGency Climate council

"§ -1 Interagency climate council; coordinator; general functions, duties, and powers. (a) There is established on January 1, 2015, an interagency climate council that shall be temporarily placed within the office of the governor; provided that on January 1, 2018, the interagency climate council shall be permanently established within the department of land and natural resources for administrative purposes only.

(b) Coordination of the interagency climate council shall be headed by the governor's sustainability coordinator. The coordinator shall have, at minimum:

(1) Professional training or work experience in the field of environmental science and environmental sustainability; and

(2) Direct experience in programs, projects, or services relating to climate change.

(1) Develop a climate change impact report that contains the following:

(A) Identification of the major areas of climate change impact affecting the State and counties through 2050;

(B) Impact expectations based on the latest scientific research for each issue area through 2050;

(D) Analysis of climate change adaptation planning in other jurisdictions relevant to Hawaii; and

(E) A model framework for assisting communities in developing recommendations for climate adaptation based on site specific studies.

The report shall be published pursuant to this paragraph no later than December 31, 2015, and shall be updated every five years.

(2) Develop a plan to transition the interagency climate council's administrative placement to the department of land and natural resources by no later than January 1, 2018.

(d) The interagency climate council shall include the following members:

(1) The chairs of the standing committees of the legislature with subject matter encompassing environmental protection;

(2) The chairperson of the board of land and natural resources or the chairperson's designee;

(3) The director of business, economic development, and tourism or the director's designee;

(4) The director of the office of planning or the director's designee;

(5) The chairperson of the board of directors of the Hawaii tourism authority or the chairperson's designee;

(6) The chairperson of the board of agriculture or the chairperson's designee;

(7) The chief executive officer of the office of Hawaiian affairs or the officer's designee;

(8) The chairperson of the Hawaiian homes commission or the chairperson's designee;

(9) The director of transportation or the director's designee;

(10) The adjutant general or the adjutant general's designee; and

(11) The chairperson of the board of education or the chairperson's designee.

(e) In addition to the members listed in subsection (d), the following shall be requested to participate in the activities of the interagency climate council:

(1) The governor;

(2) The commander of the United States Pacific Command;

(3) The director of the department of planning and permitting of the city and county of Honolulu;

(4) The planning director of the Kauai county planning department;

(5) The planning director of the planning department of the county of Hawaii;

(6) The director of the department of planning of the county of Maui;

(7) The president of the University of Hawaii;

(8) The director of the University of Hawaii sea grant program;

(9) The executive director of the national disaster preparedness training center at the University of Hawaii at Manoa;

(10) The dean of the school of ocean and earth science and technology of the University of Hawaii at Manoa;

(11) The dean of the college of tropical agriculture and human resources of the University of Hawaii at Manoa;

(12) The regional administrator of region A of the United States Environmental Protection Agency or regional administrator's designee;

(13) The regional administrator of region IX of the Federal Emergency Management Agency of the United States Department of Homeland Security;

(14) The Honolulu field office director of the United States Department of Housing and Urban Development;

(15) The commander and district engineer for the Honolulu district, United States Army Corps of Engineers;

(16) A representative of the National Oceanic and Atmospheric Administration;

(17) A representative of the United States Department of Energy;

(18) A representative of the United States Department of Agriculture; and

(19) Representatives of any other agency or organization related to climate change that the coordinator designates as appropriate.

(f) The council shall be responsible for implementing a general state policy to address the effects of climate change through 2050 to protect the State's economy, health, environment, and way of life.

§ -2 Definitions. As used in this chapter:

"Council" means the interagency climate council."

SECTION 3. Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The office of planning shall gather, analyze, and provide information to the governor to assist in the overall analysis and formulation of state policies and strategies to provide central direction and cohesion in the allocation of resources and effectuation of state activities and programs and effectively address current or emerging issues and opportunities. More specifically, the office shall engage in the following activities:

(1) State comprehensive planning and program coordination. Formulating and articulating comprehensive statewide goals, objectives, policies, and priorities, and coordinating their implementation through the statewide planning system established in part II of chapter 226;

(2) Strategic planning. Identifying and analyzing significant issues, problems, and opportunities confronting the State, and formulating strategies and alternative courses of action in response to identified problems and opportunities by:

(A) Providing in-depth policy research, analysis, and recommendations on existing or potential areas of critical state concern;

(B) Examining and evaluating the effectiveness of state programs in implementing state policies and priorities;

(C) Monitoring through surveys, environmental scanning, and other techniques--current social, economic, and physical conditions and trends; and

(D) Developing, in collaboration with affected public or private agencies and organizations, implementation plans and schedules and, where appropriate, assisting in the mobilization of resources to meet identified needs;

(3) Planning coordination and cooperation. Facilitating coordinated and cooperative planning and policy development and implementation activities among state agencies and between the state, county, and federal governments, by:

(A) Reviewing, assessing, and coordinating, as necessary, major plans, programs, projects, and regulatory activities existing or proposed by state and county agencies;

(B) Formulating mechanisms to simplify, streamline, or coordinate interagency development and regulatory processes; and

(C) Recognizing the presence of federal defense and security forces and agencies in the State as important state concerns;

(4) Statewide planning and geographic information system. Collecting, integrating, analyzing, maintaining, and disseminating various forms of data and information, including geospatial data and information, to further effective state planning, policy analysis and development, and delivery of government services by:

(A) Collecting, assembling, organizing, evaluating, and classifying existing geospatial and non-geospatial data and performing necessary basic research, conversions, and integration to provide a common database for governmental planning and geospatial analyses by state agencies;

(B) Planning, coordinating, and maintaining a comprehensive, shared statewide planning and geographic information system and associated geospatial database. The office shall be the lead agency responsible for coordinating the maintenance of the multi-agency, statewide planning and geographic information system and coordinating, collecting, integrating, and disseminating geospatial data sets that are used to support a variety of state agency applications and other spatial data analyses to enhance decision-making. The office shall promote and encourage free and open data sharing among and between all government agencies. To ensure the maintenance of a comprehensive, accurate, up-to-date geospatial data resource that can be drawn upon for decision-making related to essential public policy issues such as land use planning, resource management, homeland security, and the overall health, safety, and well-being of Hawaii's citizens, and to avoid redundant data development efforts, state agencies shall provide to the shared system either their respective geospatial databases or, at a minimum, especially in cases of secure or confidential data sets that cannot be shared or must be restricted, metadata describing existing geospatial data. In cases where agencies provide restricted data, the office of planning shall ensure the security of that data; and

(5) Land use planning. Developing and presenting the position of the State in all boundary change petitions and proceedings before the land use commission, assisting state agencies in the development and submittal of petitions for land use district boundary amendments, and conducting periodic reviews of the classification and districting of all lands in the State, as specified in chapter 205;

(6) Coastal and ocean policy management. Carrying out the lead agency responsibilities for the Hawaii coastal zone management program, as specified in chapter 205A. Also, developing and maintaining an ocean and coastal resources information, planning, and management system further developing and coordinating implementation of the ocean resources management plan, and formulating ocean policies with respect to the exclusive economic zone, coral reefs, and national marine sanctuaries;

(7) Regional planning and studies. Conducting plans and studies to determine:

(A) The capability of various regions within the State to support projected increases in both resident populations and visitors;

(B) The potential physical, social, economic, and environmental impact on these regions resulting from increases in both resident populations and visitors;

(D) The appropriate guidance and management of selected regions and areas of statewide critical concern.

The studies in subparagraphs (A) to (C) shall be conducted at appropriate intervals, but not less than once every five years; [~~and~~]

(8) Regional, national, and international planning. Participating in and ensuring that state plans, policies, and objectives are consistent, to the extent practicable, with regional, national, and international planning efforts[.]; and

(9) Climate adaptation planning. In coordination with stakeholder groups consisting of state and county government agencies, academia, federal partners, and private and nonprofit organizations, the office shall:

(A) Develop, monitor, and evaluate strategic climate adaptation plans and actionable policy recommendations for the State and counties addressing expected climate change impacts through the year 2050 in major climate issue areas identified by the sustainability coordinator's report, pursuant to section -1(c)(1);

(B) Provide planning and policy guidance and assistance to the interagency climate council and state and county agencies regarding climate change.

The office shall publish its findings, recommendations, and progress reports on actions taken pursuant to subparagraph (A) no later than December 31, 2016, and shall publish updated reports every five years."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $110,000 or so much thereof as may be necessary for fiscal year 2014-2015 to provide the office of planning with staffing including two full-time equivalent (FTE) positions, and resources to carry out the mission of the office and assist state and county agencies with scientific evaluation, research, planning, and policy guidance relative to strategic climate change adaptation plans for the State of Hawaii.

The sum appropriated shall be expended by the office of planning for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000 or so much thereof as may be necessary for fiscal year 2014-2015 to enable the sustainability coordinator to research and develop a coordinated, multidisciplinary climate change study pursuant to this Act.

The sum appropriated shall be expended by the office of the governor for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the interagency climate council to carry out its duties pursuant to this Act.

The sum appropriated shall be expended by the office of the governor.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that sections 4, 5, and 6 take effect on July 1, 2014.

INTRODUCED BY:

HOUSE OF REPRESENTATIVES	H.B. NO.	1714
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII