REPORT TITLE:
Beach Lands


DESCRIPTION:
Authorizes beach restoration, creates beach restoration special
fund, and appropriates funds.  (HB1183 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1183
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BEACH LANDS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The State has provided for the regulation and
 
 2 management of land use and development throughout the State under
 
 3 chapters 171, 183C, and 205A, Hawaii Revised Statutes, and has
 
 4 provided through these laws for the protection of beach lands
 
 5 which have natural, environmental, ecological, economic,
 
 6 recreational, scenic, cultural, or historic value and which
 
 7 protect property from flooding and erosion.  However, these
 
 8 lands, though protected by these laws, may in many instances
 
 9 require restoration to serve various functions, including hazard
 
10 mitigation, recreation, cultural appreciation, and ecological
 
11 well-being, and generally be made accessible to all of the people
 
12 of the State.  The purpose of this Act is to provide for the
 
13 restoration of public beach lands in those instances in which
 
14 such restoration is considered to benefit the people of the
 
15 State.
 
16      SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended
 
17 by adding a new part to be appropriately designated and to read
 
18 as follows:
 

 
Page 2                                                     1183
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 1                "PART .  RESTORATION OF BEACH LANDS
 
 2      §171-  Definitions.  For the purposes of this part:
 
 3      "Beach lands" means all lands in the shoreline area
 
 4 including sand, rocky, or cobble beaches, dune systems, landward
 
 5 and seaward sand reserves, and all such lands subject to the
 
 6 natural processes of erosion and accretion.  The term includes
 
 7 easements and rights in such land and any improvements on land.
 
 8      "Beach restoration" means the placement of sand, with or
 
 9 without stabilizing structures, on an eroded beach from an
 
10 outside source such as offshore sand deposits, streams, channels
 
11 or harbor mouths, or an upland sand quarry.
 
12      "Coastal lands" means all land within the state coastal zone
 
13 management area; provided that any leasing or development of
 
14 public lands shall be limited to all fast lands up to one mile
 
15 mauka of the shoreline and all submerged lands.
 
16      §171-  General powers.(a)  In carrying out its functions
 
17 under this part, the board may do all things necessary, useful,
 
18 and convenient in connection with the restoration of beach lands,
 
19 subject to all applicable laws, and may provide any necessary
 
20 assistance to any county or nongovernmental organization in the
 
21 restoration of beach lands so long as the public interest is
 
22 served; provided that for beach restoration on privately-owned
 

 
 
 
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 1 lands, the board shall be required to obtain authorization from
 
 2 affected property owners.
 
 3      (b)  The board or the board's designee, subject to this
 
 4 chapter and chapters 183C and 205A, shall maintain and manage
 
 5 beach lands restored pursuant to this part as well as a beach
 
 6 restoration plan described in section 171-   , subject to
 
 7 available funds.
 
 8      §171-  Beach restoration plan.  The department shall
 
 9 prepare and, from time to time, revise plans for the restoration
 
10 of beach lands of the State.  These plans shall guide the board
 
11 in identifying those beach lands in need of restoration which
 
12 have been degraded as a result of natural or human actions and
 
13 shall designate suitable coastal lands for the purpose of
 
14 generating revenues to carry out the purposes of this section.
 
15 In preparing these plans, the department may institute studies
 
16 pertaining to the need for restoration of such lands and shall
 
17 consider any plan relating to the restoration of such lands that
 
18 has been prepared by any federal, state, county, or private
 
19 agency or entity.  The department may also institute other
 
20 studies as necessary to support the development of beach
 
21 restoration projects, including the development of socioeconomic
 
22 profiles, environmental studies pertaining to sand source
 
23 analysis, and ecological effects of beach restoration, cost-
 

 
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 1 benefit analysis for project viability, and coastal engineering
 
 2 studies including data gathering.
 
 3      §171-  Authority to lease coastal lands.  The board,
 
 4 subject to this chapter, may lease public coastal lands under the
 
 5 board's jurisdiction for the purpose of generating revenues to be
 
 6 deposited into the beach restoration fund.  Any terms and
 
 7 conditions imposed by the board on the lessee shall run with the
 
 8 land and shall be binding on the lessees's heirs, successors, and
 
 9 assigns.  The board may seek enforcement of such terms and
 
10 conditions in any court of appropriate jurisdiction. 
 
11      §171-    Development of public coastal lands.  On the lands
 
12 subject to this part, the board may undertake appropriate
 
13 development to generate revenues for beach restoration which is
 
14 consistent with this chapter and chapters 183C and 205A and other
 
15 applicable laws.  These revenues shall be deposited in the beach
 
16 restoration fund.  For purposes of this section, "development"
 
17 includes:
 
18      (1)  Any building or mining operation;
 
19      (2)  Any material change in use, intensity of use, or
 
20           appearance of any structure or land, fast or submerged;
 
21           or
 
22      (3)  The division of land into two or more parcels.
 

 
 
 
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 1      §171-    Beach restoration special fund.(a)  There is
 
 2 established in the state treasury a special fund to be designated
 
 3 as the "beach restoration special fund" to carry out the purposes
 
 4 of this part.  The following moneys shall be deposited into the
 
 5 beach restoration special fund:
 
 6      (1)  Proceeds from the lease or development of public
 
 7           coastal lands designated pursuant to a beach
 
 8           restoration plan, subject to the Hawaiian Homes
 
 9           Commission Act of 1920, as amended, and section 5(f) of
 
10           the Admission Act of 1959;
 
11      (2)  Proceeds from the lease of public lands pursuant to
 
12           this part for an existing seawall or revetment;
 
13      (3)  Fines collected for unauthorized shoreline structures
 
14           on state submerged land or conservation district land;
 
15      (4)  Appropriations made by the legislature for deposit into
 
16           this fund;
 
17      (5)  Donations and contributions made by private individuals
 
18           or organizations for deposit into this fund;
 
19      (6)  Fees collected for the processing of applications for
 
20           coastal and beach erosion control projects; and
 
21      (7)  Grants provided by governmental agencies or any other
 
22           source.
 

 
 
 
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 1      (b)  The beach restoration special fund may be used by the
 
 2 department for one or more of the following purposes:
 
 3      (1)  Planning, designing, development, or implementation of
 
 4           beach restoration projects pursuant to this part; and
 
 5      (2)  Providing grants to the counties, nongovernmental
 
 6           organizations, and the University of Hawaii for the
 
 7           restoration of beach lands and for research or
 
 8           engineering studies necessary to support beach
 
 9           restoration projects, subject to this part."
 
10      SECTION 3.  There is appropriated out of the special land
 
11 and development fund the sum of $250,000 or so much thereof as
 
12 may be necessary for fiscal year 1999-2000 for deposit into the
 
13 beach restoration special fund created in section 2.
 
14      SECTION 4.  There is appropriated out of the beach
 
15 restoration special fund the sum of $250,000 or so much thereof
 
16 as may be necessary for fiscal year 1999-2000 for the restoration
 
17 of beach lands.
 
18      SECTION 5.  The sums appropriated shall be expended by the
 
19 department of land and natural resources for the purposes of this
 
20 Act.
 
21      SECTION 6.  This Act shall take effect on July 1, 1999.