Bill Text: HI HB1091 | 2023 | Regular Session | Amended
Bill Title: Relating To Real Property Disclosures Within Shoreline Areas.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-06 - Act 231, 07/06/2023 (Gov. Msg. No. 1334). [HB1091 Detail]
Download: Hawaii-2023-HB1091-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1091 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REAL PROPERTY DISCLOSURES WITHIN SHORELINE AREAS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION l. As reflected in Act 32,
Session Laws of Hawaii 2017 (Act 32), the legislature recognizes that not only
is climate change real, but it is also the overriding challenge of the
twenty—first century and one of the priority issues of the legislature. Climate change poses immediate and long—term
threats to the State's economy, sustainability, security, and residents' way of
life.
The
legislature recognized the existential threat of sea level rise to real
property and amended section 508D-15, Hawaii Revised
Statutes, to require mandatory seller disclosures in real property transactions
to indicate that a parcel of residential real property lies within the sea
level rise exposure area. Research
published by the Intergovernmental Panel on Climate Change and the National
Aeronautics and Space Administration shows that sea levels in Hawaii will
continue to rise, but sea level rise has no detectable effect on valuations or
sales data on real property. The lack of
a sea level rise discount indicates that purchasers may be underprepared for
the future challenges and implications of sea level rise and the ancillary
effects of coastal erosion, future flooding, inundation, and storm surges.
The
purpose of this Act is to further strengthen purchaser protections by requiring the disclosure of all permitted and
unpermitted erosion control structures on the parcel and the annual
coastal erosion rate for the zoning lot in real estate
transactions when residential real property lies adjacent to the shoreline.
SECTION
2. Section 508D-15, Hawaii Revised
Statutes, is amended to read as
follows:
"§508D-15 Notification required; ambiguity. (a) When
residential real property lies[:] within:
(1) [Within the] The
boundaries of a special flood hazard area as
officially designated on flood maps promulgated by the National Flood Insurance
Program of the Federal Emergency Management Agency for the purposes of
determining eligibility for emergency flood insurance programs;
(2) [Within the]
The boundaries of the noise exposure area shown on maps prepared by the
department of transportation in accordance with Federal Aviation Regulation
part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public
airport;
(3) [Within the] The
boundaries of the Air Installation Compatible Use Zone of any Air Force, Army,
Navy, or Marine Corps airport as officially designated by military authorities;
(4) [Within the] The
anticipated inundation areas designated on the department of defense's
emergency management tsunami inundation maps; or
(5) [Within the] The
sea level rise exposure area as designated by the Hawaii climate change
mitigation and adaptation commission or its successor,
subject to the availability of maps that designate the five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the five designated areas specified in this subsection. The maps shall identify the properties situated within the five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.
(b) When residential real property lies adjacent
to the shoreline, the seller shall disclose:
(1) All permitted and unpermitted
erosion control structures on the parcel, expiration dates of any permitted
structures, any notices of alleged violation associated with the parcel, and
any fines for expired permits or unpermitted structures associated with the
parcel; and
(2) The annual coastal erosion rate for
the zoning lot as determined by historical analysis and shown on the county
databases for historical erosion rates, when publicly available.
[(b)] (c) When it is questionable whether residential
real property lies within any of the designated areas referred to in subsection
(a) due to the inherent ambiguity of boundary lines drawn on maps of large
scale, the ambiguity shall be construed in favor of the seller; provided that a
good faith effort has been made to determine the applicability of subsection
(a) to the subject real property.
[(c)] (d) Except as required under subsections (a) [and],
(b), and (c) and [as required under] section 508D-3.5, the seller
shall have no duty to examine any public record when preparing a disclosure
statement."
SECTION 3. This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.
SECTION 4. Statutory
material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 3000.
Report Title:
Residential Real Property Transactions; Mandatory Seller Disclosures; Shoreline Erosion; Control Structures
Description:
Requires disclosure of all existing permitted and unpermitted erosion control structures on the parcel and the annual coastal erosion rate for the zoning lot in real estate transactions when residential real property lies adjacent to the shoreline. Effective 6/30/3000. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
