STAND.
COM. REP. NO. 1261
Honolulu, Hawaii
, 2025
RE: S.B. No. 1456
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Water & Land, to which was referred S.B. No. 1456 entitled:
"A BILL FOR AN ACT RELATING TO RESTORATION OF BEACH LANDS,"
begs leave to report as follows:
The
purpose of this measure is to amend
the definition of "beach restoration" to expand the types of
activities the State recognizes as restorative and beneficial to beach lands in
response to increasing threats of sea level rise and beach loss.
Prior to the hearing
on this measure, your Committee posted and made available for public review a
proposed H.D. 1, which added two appropriations for a sand restoration and dune
replenishment pilot project to be undertaken seaward of certain parcels on the
island of Maui.
Your Committee
received testimony in support of the proposed H.D. 1 from the University of
Hawai‘i Sea
Grant College Program; Coastal Research Collaborative; Association of Apartment
Owners of Hololani; Waikiki Beach Special Improvement District Association; Valley
Isle Resort; Land Use Research Foundation of Hawaii; Maui Luxury Realty LLC;
and numerous individuals. Your Committee
received testimony in opposition to the proposed H.D. 1 from one individual. Your Committee received comments on the
proposed H.D. 1 from the Department of Land and Natural Resources; Maui Nui
Resiliency Hui; Lāhainā Strong; and one individual.
Your Committee finds
that according to the State Climate Change Mitigation and Adaptation
Commission's 2022 report, Hawaii is projected to likely experience between 3.9
and 5.9 feet of sea level rise by the year 2100. Your Committee further finds that the State
has an affirmative duty to preserve beaches as a public trust resource for the
people of Hawaii. However, the existing
definition of "beach restoration" is limited to the placement of sand
on a beach from an outside source. Your
Committee believes that broadening the definition of "beach
restoration" to include other restorative activities, such as dune
restoration and the removal of derelict structures, will enable the State to
support a full suite of nature-based activities proven to enhance the public
trust, promote resilience, and encourage community engagement.
Your Committee further
finds that much of the Kahana Bay shoreline, which has been identified as an
appropriate location for a sand restoration and dune replenishment pilot
project in the proposed H.D. 1, has been severely depleted and many of the shoreline
parcels are relying on emergency sandbag walls to protect the condominiums
built on these parcels. Your Committee
believes that these beaches would benefit from a beach nourishment program,
which would restore lost coastline and protect existing residential structures
from the threat of further coastal erosion.
Your
Committee has amended this measure by adopting the proposed H.D. 1 and further
amending the measure by:
(1) Amending its preamble;
(2) Clarifying that one appropriation in this
measure is for a Kahana Bay beach restoration pilot project and:
(A) Amending the tax map keys identifying the area in which the Kahana Bay beach restoration pilot project will occur;
(B) Prohibiting the Kahana Bay beach restoration pilot project to include the creation of any t-groins;
(C) Requiring the Department of Land and Natural
Resources to consult with the Army Corps of Engineers regarding a path forward
for the Kahana Bay beach restoration project; and
(D) Specifying that any funds appropriated will be
paid for by twenty-five percent from state general revenues, twenty-five
percent from the County of Maui, and fifty percent from residents living or
owning property in or between the identified tax map keys;
(3) Prohibiting the sand restoration and dune replenishment pilot project seaward of Hanakaoo Park to include the construction of any t-groins and specifying that any funds appropriated will be paid for by twenty-five percent from state general revenues, twenty-five percent from the County of Maui, and fifty percent from residents living or owning property in the area surrounding Hanakaoo Park;
(4) Changing the effective date to July 1, 3000,
to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1456, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1456, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
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____________________________ MARK J. HASHEM, Chair |
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