STAND. COM. REP. NO. 2709

Honolulu, Hawaii

RE: S.B. No. 2756

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 Water and Land and Agriculture and Environment, to which was referred S.B. No. 2756 entitled:

"A BILL FOR AN ACT RELATING TO WATER QUALITY,"

beg leave to report as follows:

The purpose and intent of this measure is to waive the requirement for section 401 water quality certification for certain small scale beach restoration projects authorized by the Department of Land and Natural Resources without limiting or impeding state environmental controls on water pollution.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Department of Health, Hawaii Shore and Beach Preservation Association, Waikīkī Beach Special Improvement District Association, and two individuals.

Your Committees find that Hawaii is losing its beaches at an alarming rate due to chronic beach erosion, sediment deficiencies, sea-level rise, and shoreline armoring. Your Committees find that burdensome regulations and permit requirements for the beach restoration and maintenance projects discourage and prevent individuals, community organizations, and government agencies from initiating beach restoration projects. Further, restoration of Hawaii beaches using appropriate carbonate sands may require permits and certifications from the Department of Land and Natural Resources, Department of Health, Office of Planning, and various federal and county agencies. This permit process may be prohibitively time-consuming, complicated, costly, and inconsistent across agencies. Additionally, uncertain permit approval timeframes; related costs; and requirements from eight separate state, county, and federal authorizations result in potential carbonate sand users opting to instead use shoreline armoring to mitigate erosion. Your Committees find that waiving the requirement of a water quality certification will streamline the process for beach restoration projects.

Your Committees have amended this measure by:

(1) Incorporating the proposal made by the Department of Health to clarify that the Department of Health shall not require a section 401 quality certification for certain breach restoration programs; and

(2) 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 Water and Land and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2756, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2756, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________ MIKE GABBARD, Chair

________________________________ KAIALI'I KAHELE, Chair