Bill Text: HI HB1363 | 2022 | Regular Session | Introduced
Bill Title: Relating To Shorelines.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB1363 Detail]
Download: Hawaii-2022-HB1363-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1363 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SHORELINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the global sea level has risen over the past century, and that the rate of this rise has accelerated in recent decades. The National Oceanic and Atmospheric Administration reported that the global mean sea level in 2019 was about 3.4 inches higher than it was in 1993. With continued ocean and atmospheric warming, sea levels are expected to rise at even higher rates during centuries to come. In fact, studies have predicted that under a "business as usual" scenario where greenhouse gas emissions continue at the current rate of increase, sea levels could rise as high as 3.2 feet by the year 2060.
The legislature further finds that, as an island state, Hawaii is disproportionately susceptible to the impacts of sea level rise. For example, deadly and destructive storm surges from hurricanes and other tropical cyclones will push farther inland that they once did. In addition, coastal flooding from storms and seasonal swells will become much more frequent.
According to the sea level rise vulnerability and adaptation report, which was released by the Hawaii climate change mitigation and adaptation commission in December 2017, a rise in sea level of 3.2 feet will cause six thousand five hundred structures to be lost across the State while displacing twenty thousand residents, resulting in over $19,000,000,000 in damages to property and structures. The legislature finds that the State must be prepared for the drastic impact higher sea levels will have on coastal communities.
Considering the potential impacts of the forecasted rise in sea level, the legislature also finds that the board of land and natural resources' current policy of authorizing long-term shoreline encroachment easements is not sustainable. Specifically, it is not in the public interest to authorize easements with durations in excess of fifty years when the structures on the easements could be submerged by the time the easement expires. Given the uncertainty and fluidity of the impacts of sea level rise, the legislature finds that it would be reasonable for the board of land and natural resources to authorize easements that do not exceed ten years, as this time period will enable the department of land and natural resources to better assess sea level rise and its impacts on specific properties. The legislature concludes that the board of land and natural resources must expeditiously update its policies to require the impacts of sea level rise to be considered when granting or renewing shoreline encroachment easements.
Accordingly, the purpose of this Act is to:
(1) Require the board of land and natural resources to adopt a policy for the granting or renewal of shoreline encroachment easements that takes into consideration the impact of sea level rise on the shoreline encroachment;
(2) Prohibit the board of land and natural resources from granting new shoreline encroachment easements or renewing any existing shoreline encroachment easement for more than a period of two years until the new rules are adopted; and
(3) Prohibit the board of land and natural resources from granting or renewing any shoreline encroachment easement for a term of more than ten years.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§171- Shoreline encroachment easements. (a) No later than January 1, 2022, the board
shall adopt rules pursuant to chapter 91 that establish a policy and procedure for
the granting or renewal of shoreline encroachment easements to landowners to enable
landowners to remove or relocate a shoreline encroachment landward of the
shoreline setback line. The rules shall require
the board to consider:
(1) The
impact of the expected sea level rise on the shoreline encroachment, as
provided in subsection (c);
(2) The
public policies of protection and preservation of the shoreline, the beach
processes and lateral access along the shoreline, and the long-term risks to
life and property from coastal hazards, including a consideration of how these
hazards will change over time due to climate change and sea level rise; and
(3) The objectives
and policies of the coastal zone management program under section 205A-2.
(b)
The board shall not grant any new shoreline encroachment easement or
renew any existing shoreline encroachment easement until the rules required by
subsection (a) are adopted; provided that the board may renew an existing
shoreline encroachment easement for a period of not more than two years for the
limited purpose of allowing an expiring easement to continue until the rules
required by subsection (a) are adopted; provided further that the board shall
not grant any renewal pursuant to this subsection after July 1, 2022.
(c)
For each request for a new shoreline encroachment easement or the renewal
of an existing shoreline encroachment easement pursuant to subsection (a), the
board shall take into consideration the impact of expected sea level rise on the
shoreline encroachment being examined.
If the board approves a shoreline encroachment easement after taking
these impacts into consideration, the board shall include with the easement any
restrictions or conditions that the board deems necessary and proper to
mitigate the impact of the sea level rise, including the removal or relocation
of the shoreline encroachment.
(d) An
easement approved pursuant to this section shall be for a time period that is
reasonable in consideration of the timing of the expected sea level rise; provided
that the board shall not approve or renew any shoreline encroachment easement for
a term exceeding ten years.
(e)
The grant or renewal of an easement pursuant to this section shall not
be construed as state ownership of the shoreline encroachment.
(f) For
the purposes of this section:
"Landowner" means a person who owns
a coastal property with a shoreline encroachment that is at least partially seaward
of the shoreline.
"Shoreline" shall have the same
meaning as in section
205A-1.
"Shoreline encroachment" means a structure
located seaward of the shoreline on public land.
"Shoreline encroachment
easement" means an easement granted by the board that includes a shoreline
encroachment.
"Shoreline setback line" and
"structure" shall have the same meanings as in section 205A-41."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
BLNR; Shoreline Encroachments; Easements
Description:
Authorizes the board of land and natural resources to provide shoreline encroachment easements that do not exceed 10 years to landowners having structures that encroach on the shoreline. Requires the board of land and natural resources to adopt rules that establish a policy and procedure for the granting or renewal of shoreline encroachment easements. Requires the adopted policy to consider the impact of expected sea level rise on the encroaching structures. Prohibits the granting of any new shoreline encroachment easements until the new policy is adopted.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
