STAND. COM. REP. NO. 219

Honolulu, Hawaii

, 2019

RE: H.B. No. 549

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 549 entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

begs leave to report as follows:

The purpose of this measure is to amend Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management, to:

(1) Strengthen state policies to reduce residential exposure to coastal hazards;

(2) Protect state beaches by requiring new developments to plan for the impacts of projected sea level rise; and

(3) Prohibit development in areas significantly affected by projected sea level rise.

The Department of Land and Natural Resources, Sierra Club of Hawai‘i, League of Women Voters of Hawaii, IMUAlliance, Hawai‘i Reef and Ocean Coalition, Hawaii Farmers Union, Hawaii Advocates For Consumer Rights, Life of the Land, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, and several individuals supported this measure. The Department of Transportation supported the intent of this measure. The Office of Planning provided comments.

Your Committee has amended this measure by:

(1) Clarifying that construction of private erosion-protection structures is prohibited except at sites where they do not interfere with beach processes and existing recreational and waterline activities;

(2) Providing that hardship may be considered by the appropriate authority in its finding and is not a requirement for applicants of a variance for private facilities or improvements;

(3) Changing its effective date to July 1, 2100, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 549, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 549, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair