THE SENATE

S.B. NO.

1339

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REAL PROPERTY TRANSACTIONS.

 

 

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

 

     SECTION 1.  The legislature finds that coastal properties are vulnerable to hazards like coastal erosion and flooding from tsunamis, storms, and high waves, which are exacerbated by sea level rise and man-made interruptions to natural sand supply.

     Attorney general opinion no. 17-1, dated December 11, 2017, states that when the shoreline migrates landward, or mauka, due to erosion or sea level rise, the dividing line between public and private ownership also migrates mauka, with a reduction in the area under private ownership.  When shorelines undergo landward retreat, building setbacks, property value, and insurance availability can be adversely impacted.  Structures once on private property may become located on state property, and the State may require removal of those structures or purchase of easements to allow the structures to remain in place.

     The legislature further finds that obtaining a permit to repair or install shoreline protection structures such as seawalls, revetments, geotextile sandbags, or groins may be difficult due to federal and state coastal zone management policies, which protect coastal natural resources and shoreline public access, and discourage coastal hardening.

     The purpose of this Act is to require a vulnerable coastal property purchaser statement with the sale or transfer of vulnerable coastal real property to ensure that new property owners understand the risks posed by sea level rise and other special hazards, permitting requirements, and limitations that may affect vulnerable coastal property.

     SECTION 2.  Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§508D-    Vulnerable coastal property purchaser statement.  (a)  Every sale or transfer of vulnerable coastal property shall include a vulnerable coastal property purchaser statement executed by the purchaser or transferee.

     (b)  Every vulnerable coastal property purchaser statement shall include acknowledgment by the purchaser or transferee that:

     (1)  The coastal property is at risk of losing area if the shoreline retreats inland due to erosion, sea level rise, or permitting requirements;

     (2)  Maps showing historic coastal erosion, flood insurance zones, and sea level rise exposure areas exist to inform the public of risks;

     (3)  Shoreline certifications and setbacks are determined pursuant to chapter 205A, and the location of the certified shoreline and setback may be affected by inland migration of the upper reach of the wash of the waves;

     (4)  Obtaining permits to repair or install shoreline protection structures may be difficult due to state and federal coastal zone management policies discouraging coastal hardening;

     (5)  Beaches are public trust resources that governmental agencies have a responsibility to protect;

     (6)  The public enjoys a right of access to Hawaii's shorelines, including the right of transit along the shorelines, pursuant to section 115-4, and this right of transit can be threatened by shoreline protection structures that reduce the width of beaches as sea level rise occurs; and

     (7)  The department of land and natural resources may require a landowner to remove encroaching vegetation if a landowner's human-induced, enhanced, or unmaintained vegetation interferes with or encroaches on a beach transit corridor pursuant to section 115‑10.

     (c)  All vulnerable coastal property purchaser statements shall be notarized and recorded in the bureau of conveyances.

     (d)  For purposes of this section, "vulnerable coastal property" means real property within the sea level rise exposure area as officially designated by the Hawaii climate change mitigation and adaptation commission."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on December 31, 2050.

 

 

 

Report Title:

Vulnerable Coastal Property Purchaser Statement; Sale or Transfer; Sea Level Rise

 

Description:

Requires a vulnerable coastal property purchaser statement to be executed by the purchaser or transferee with the sale or transfer of vulnerable coastal real estate.  Takes effect 12/31/2050.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.