STAND. COM. REP. NO. 353

Honolulu, Hawaii

, 2025

RE: H.B. No. 1181

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 H.B. No. 1181 entitled:

"A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT,"

begs leave to report as follows:

The purpose of this measure is to exclude the reconstruction of certain lawfully constructed structures that were damaged by certain types of disasters from the definition of "development" for coastal zone management purposes.

Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui; one member of the Maui County Council; Maui Chamber of Commerce; Lahaina Brewery, dba Koholā Brewery; Chamber of Commerce Hawaii; Grassroot Institute of Hawaii; and numerous individuals. Your Committee received comments on this measure from the Office of Planning and Sustainable Development.

Your Committee finds that reconstruction after a disaster requires the rebuilding of all aspects of a community, from small residential homes to larger commercial buildings. Your Committee further finds that most non-shoreline projects trigger a Special Management Area Major permit, a time-consuming process that can delay construction efforts. Your Committee believes that expediting the reconstruction of structures in the aftermath of a disaster, as proposed by this measure, will enable impacted communities to recover without unnecessary delays.

Your Committee has amended this measure by:

(1) Replacing the types of reconstruction excluded from the definition of "development" with reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed to be a state of emergency or local state of emergency; provided that the structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion and the reconstructed structure is similar to its original footprint or the overall dimensions that were existing or permitted and is in compliance with the requirements of the National Flood Insurance Program; and

(2) Changing the effective date to July 1, 3000, to encourage further discussion.

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 H.B. No. 1181, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1181, 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,

____________________________

MARK J. HASHEM, Chair