Bill Text: HI HB1808 | 2010 | Regular Session | Amended
Bill Title: Coastal Areas; Public Access; Beach Transit Corridors
Spectrum: Moderate Partisan Bill (Democrat 18-3)
Status: (Passed) 2010-06-02 - (H) Act 160, on 6/2/2010 (Gov. Msg. No. 377). [HB1808 Detail]
Download: Hawaii-2010-HB1808-Amended.html
STAND. COM. REP. NO. 2753
Honolulu, Hawaii
RE: H.B. No. 1808
H.D. 3
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2010
State of Hawaii
Madam:
Your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs, to which was referred H.B. No. 1808, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO COASTAL AREAS,"
beg leave to report as follows:
The purpose of this measure is to ensure public access to the beaches.
Specifically, this measure:
(1) Requires maintenance of public beach accesses by adjacent landowners and imposes penalties for noncompliance;
(2) Establishes shoreline access as a policy of the Coastal Zone Management Program; and
(3) Amends the definition of "shoreline."
Testimony in support of this measure was submitted by three state agencies, one neighborhood board, one member of the House of Representatives, four organizations, and twenty-five individuals. One organization and two individuals submitted comments. Testimony in opposition was submitted by one organization and two individuals. Written testimony presented to the Committees may be reviewed on the Legislature's website.
Your Committees appreciate the extensive testimony presented on this measure, but has some concerns that this measure represents a "one size fits all" approach. Your Committees support lateral access to beaches, but there is some disagreement about the role of vegetation in relation to the natural erosion of some beaches and how best to address the problem in broad policy. Your Committees find that a clarification to the definition of "shoreline" will reflect the public policy favoring shoreline access by reserving as much of the shore as possible for the public. Your Committees hope that this will help ensure lateral access to beaches, and that the stakeholders will continue to work on ways to address these important issues.
Your Committees have amended this measure by:
(1) Removing the provisions to:
(A) Require maintenance of public beach accesses by adjacent landowners and impose penalties for noncompliance; and
(B) Establish shoreline access as a policy of the Coastal Zone Management Program;
(2) Clarifying the definition of "shoreline"; and
(3) Changing the effective date to July 1, 2050 for the purposes of facilitating further discussion.
As affirmed by the records of votes of the members of your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1808, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1808, H.D. 3, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.
Respectfully submitted on behalf of the members of the Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs,
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____________________________ J. KALANI ENGLISH, Chair |
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____________________________ CLAYTON HEE, Chair |
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