STAND. COM. REP. NO. 3677

Honolulu, Hawaii

RE: H.B. No. 1878

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Water and Land, to which was referred H.B. No. 1878, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO REAL PROPERTY TRANSACTIONS,"

beg leave to report as follows:

The purpose and intent of this measure is to require that mandatory seller disclosures in residential real property transactions identify property within the sea level rise exposure area as officially designated by the Hawaii Climate Change Mitigation and Adaption Commission or its successor.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Hawaii Climate Change Mitigation and Adaption Commission, one member of the Maui County Council, Sierra Club of Hawai‘i, Pono Hawai‘i Initiative, Hawaii Youth Climate Coalition, IMUAlliance, and six individuals. Your Committees received testimony in opposition to this measure from the Hawai‘i Association of Realtors.

Your Committees find that current sea level rise exposure area maps make it difficult to determine which properties are subject to disclosure given that there are no maps with tax map keys that identify these sea level rise exposure areas (SLR-XAs). Your Committees further find that the Hawaii Climate Change Mitigation and Adaption Commission (Commission) is currently working with the University of Hawaii to update SLR-XA maps with tax map key information for the Counties.

Your Committees have amended this measure by:

(1) Requiring that SLR-XA sea level rise maps be updated to reference current tax map keys before the Commission can designate areas with potential exposure to sea level rise as such;

(2) Making it effective on January 1, 2021 upon its approval; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1878, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1878, H.D. 1, S.D. 1, and be referred to your Committees on Commerce, Consumer Protection, and Health and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water and Land,

________________________________ KAIALI'I KAHELE, Chair

________________________________ MIKE GABBARD, Chair