HOUSE OF REPRESENTATIVES

H.B. NO.

2468

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to environmental protection.

 

 

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

 


     SECTION 1.  The legislature finds that many important aspects of our State, including its economy and the way of life of its communities, rely on the preservation of its beaches.  However, beach loss has accelerated at an unprecedented rate in recent decades, resulting in Hawaii losing more than seventeen miles of beaches.  Repeated king tides have deteriorated beaches and sea walls and shoreline hardening have hastened the rate of beach loss.

     As rising sea levels and intensifying erosion threaten additional beaches, Hawaii's economy faces tens of billions of dollars in potential losses.  The loss of Waikiki beach alone would cause an estimated $2,000,000,000 in annual losses to Hawaii's economy.  Losing similar beaches critical to our communities would also be devastating, resulting in significant decreases to property values, revenues to local businesses, and the overall quality of life in the State.

     As beaches erode and retreat, the State may need to acquire adjacent private lands to ensure space exists for beaches and dune systems to survive.  The acquisition of adjacent land will also enable continued public access to these priceless community assets.  Most importantly, acquiring adjacent property will create a buffer zone between the shoreline and developed areas to protect the State from potential natural disasters.

     The purpose of this Act is to ensure the preservation of Hawaii's beaches for future generations by:

     (1)  Establishing a Hawaii beach preservation special fund within the treasury of the State to be used to purchase lands threatened by sea level rise or beach erosion for the protection of adjacent public beaches; and

     (2)  Creating a task force within the office of planning to identify the most effective funding mechanism for the Hawaii beach preservation special fund.

     SECTION 2.  Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§225M-     Hawaii beach preservation special fund.  (a)  There is established a Hawaii beach preservation special fund within the treasury of the State into which shall be deposited:

     (1)  All appropriations made by the legislature to the fund; and

     (2)  Gifts, donations, and grants from public agencies and private persons.

     All interest earned or accrued on moneys deposited into the fund shall become part of the fund.

     (b)  Subject to legislative appropriation, the office of planning may expend moneys from the fund to purchase from landowners any lands threatened by sea level rise or beach erosion for the protection of adjacent public beaches.  Lands purchased pursuant to this section shall be managed by the department of land and natural resources.

     (c)  The office of planning shall adopt rules in accordance with chapter 91 to effectuate the purposes of this section."

     SECTION 3.  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 2018-2019 to be deposited into the Hawaii beach preservation special fund.

     SECTION 4.  There is appropriated out of the Hawaii beach preservation special fund the sum of $           or so much thereof as may be necessary for fiscal year 2018-2019 for the purpose of purchasing property from landowners threatened by sea level rise or beach erosion.

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

     SECTION 5.  (a)  There shall be established within the office of planning a Hawaii beach preservation task force.  The task force shall identify effective funding mechanisms for the Hawaii beach preservation special fund.

     (b)  The task force shall consider as possible funding mechanisms for the Hawaii beach preservation special fund:

     (1)  Increases to the conveyance tax, applicable to shoreline properties;

     (2)  Taxes or surcharges on real property; and

     (3)  Any other funding mechanism the task force deems appropriate.

     (c)  The task force shall include the following members:

     (1)  The director of the office of planning, or the director's designee, who shall serve as chairperson;

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

     (3)  The chairperson of the senate standing committee with primary jurisdiction over the environment;

     (4)  The chairperson of the house of representatives standing committee with primary jurisdiction over the environment;

     (5)  The chairperson of the senate standing committee with primary jurisdiction over shoreline land use;

     (6)  The chairperson of the house of representatives standing committee with primary jurisdiction over shoreline land use;

     (7)  The chairperson of the senate standing committee with primary jurisdiction over tourism;

     (8)  The chairperson of the house of representatives standing committee with primary jurisdiction over tourism; and

     (9)  The chief executive officer of the Hawaii tourism authority,

provided that the chairperson of the task force may invite any relevant stakeholders to serve as members on the task force.

     (d)  The members of the task force shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (e)  The task force shall submit a report with findings and recommendations, including proposed legislation, if any, to the legislature no later than twenty days prior to the convening of the regular session of 2019.  Copies of the report shall be transmitted to:

     (1)  The Hawaii climate change mitigation and adaptation commission, established pursuant to section 225P-3, Hawaii Revised Statutes; and

     (2)  The mayor of each county.

     (f)  The task force shall be dissolved on June 30, 2019.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Office of Planning; DLNR; Climate Change; Special Fund; Appropriation

 

Description:

Establishes a Hawaii beach preservation special fund.  Authorizes the office of planning to expend moneys from the Hawaii beach preservation special fund to purchase lands threatened by sea level rise or beach erosion.  Requires the Department of Land and Natural Resources to manage the purchased lands.  Creates a task force within the office of planning to determine appropriate funding mechanisms for the Hawaii beach preservation special fund.  Makes an appropriation.

 

 

 

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