HB2711

SECTION 1. The legislature finds that public access to beaches is of paramount importance and a fundamental right. People need access to public beaches so that they may enjoy the natural resources of Hawaii and lawfully engage in recreational opportunities at any time. This access is important to both residents and visitors, the latter of which often take the time to visit the State for the specific purpose of accessing its beaches.

However, the legislature also finds that beach access has been steadily declining over the years. Many points of access that have been traditionally open to the public have either been gated off or removed by private interests. Notably, some records of these points of access have been lost to history. The legislature further finds that public parking for beaches has been eliminated through the loss of designated parking areas, restrictions on the use of parking areas at certain hours, or the unlawful placement of limitations on parking areas and other legally required amenities.

The legislature believes that in light of the general public's fundamental right to access beaches; the constitutionally-protected right to engage in traditional and cultural practices, which often require access to beaches; and the economic benefit from tourism that includes visitors accessing beaches, the State has a compelling interest in:

(1) Reopening currently closed public access points to beaches;

(2) Identifying potential new public access points that should be acquired based on public demand; and

(3) Enforcing parking regulations and other state laws and county ordinances that are designed to facilitate public access to beaches.

The legislature further finds that the input of representatives from both the State and the counties is necessary to create a plan that achieves the foregoing tasks.

Accordingly, the purpose of this Act is to establish a public beach access task force consisting of state and county officials to create such a plan.

SECTION 2. (a) There is established within the office of the lieutenant governor for administrative purposes only a public beach access task force.

(b) The public beach access task force shall comprise the following individuals:

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

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

(3) The attorney general or the attorney general's designee;

(4) Four members jointly appointed by the president of the senate and the speaker of the house of representatives; provided that:

(A) Two members shall be the directors of county planning departments or their designees; provided further that at least one member shall be the director, or designee of a director, of a county planning department other than the city and county of Honolulu; and

(B) Two members shall be the chiefs of county police departments or their designees; provided that at least one member shall be the chief, or designee of a chief, of a police department of a county other than the city and county of Honolulu.

(1) Through the use of maps, historical documents, and other resources, identify and create an inventory of all points of access through which members of the public traditionally have accessed beaches, and the current status of each of those points of access;

(2) Develop a plan to:

(A) Improve public access to beaches by:

(i) Reopening currently closed points of access to beaches; and

(ii) Opening new points of access to beaches, as appropriate, based on public demand; and

(B) Determine what steps may be necessary to accomplish the goals of subparagraph (A), including the acquisition or condemnation of land; and

(C) Enforce parking regulations and other state laws and county ordinances that are designed to facilitate public access to beaches; and

(3) Recommend appropriate state laws and county ordinances that would increase and preserve public access to beaches.

(d) No later than twenty days prior to the convening of the regular session of 2019, the public beach access task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature.

(e) The task force shall cease to exist on June 30, 2019.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2711
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII