REPORT TITLE:


DESCRIPTION:
Authorize beach restoration, create beach restoration special
fund, appropriate funds.  HB1183 HD1


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1183
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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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 the provisions of chapters 171, 183C, and 205A, Hawaii Revised
 
 4 Statutes, and has provided through these laws for the protection
 
 5 of beach lands which have natural, environmental, ecological,
 
 6 economic, recreational, scenic, cultural, or historic value and
 
 7 which protect persons from flooding and erosion.  However, these
 
 8 lands, though protected by these laws, may in many instances
 
 9 require restoration, in order that they can serve various
 
10 functions, including hazard mitigation, recreation, cultural
 
11 appreciation, and ecological well-being, and generally be made
 
12 accessible to all of the people of the State.  The purpose of
 
13 this Act is to provide for the restoration of public beach lands
 
14 in those instances in which such restoration is considered to
 
15 benefit the people of the 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:
 
19                "PART .  RESTORATION OF BEACH LANDS
 
20      §171-  Definitions.  For the purposes of this part: "Beach
 

 
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 1 lands" means all lands in the shoreline area including sand,
 
 2 rocky, or cobble beaches, dune systems, landward and seaward sand
 
 3 reserves and all such lands subject to the natural processes of
 
 4 erosion and accretion.  The term includes easements and rights in
 
 5 such land and any improvements on land.
 
 6      "Beach restoration" means the placement of sand, with or
 
 7 without stabilizing structures, on an eroded beach from an
 
 8 outside source such as offshore sand deposits, streams, channels
 
 9 or harbor mouths or an upland sand quarry.
 
10      "Coastal lands" means all land within the state coastal zone
 
11 management area.
 
12      §171-  General powers.(a)  In carrying out its functions
 
13 under this part, the board may do all things necessary, useful,
 
14 and convenient in connection with the restoration of beach lands,
 
15 subject to all applicable laws, and may provide any necessary
 
16 assistance to any county or non- governmental organization in the
 
17 restoration of beach lands so long as the public interest is
 
18 served, provided that for beach restoration on privately owned
 
19 lands, the board shall be required to obtain authorization from
 
20 affected property owners.
 
21      (b)  The board or the board's designee shall, subject to
 
22 chapters 171, 183C, and 205A, maintain and manage beach lands
 
23 restored pursuant to the provisions of this part as well as a
 

 
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 1 beach restoration plan described in section     , subject to
 
 2 available funds.
 
 3      §171-  Beach restoration plan.  The department shall
 
 4 prepare and, from time to time, revise plans for the restoration
 
 5 of beach lands of the State.  These plans shall guide the board
 
 6 in identifying those beach lands in need of restoration which
 
 7 have been degraded as a result of natural or human actions and
 
 8 shall designate suitable coastal lands for the purpose of
 
 9 generating revenues to carry out the purposes of this section.
 
10 In preparing these plans, the department may institute studies
 
11 pertaining to the need for restoration of such lands and shall
 
12 consider any plan relating to the restoration of such lands that
 
13 has been prepared by any federal, state, county, or private
 
14 agency or entity.  The department may also institute other
 
15 studies as necessary to support the development of beach
 
16 restoration projects, including the development of socio-economic
 
17 profiles, environmental studies pertaining to sand source
 
18 analysis, and ecological effects of beach restoration, cost-
 
19 benefit analysis for project viability, and coastal engineering
 
20 studies including data gathering.
 
21      §171-  Authority to lease coastal lands.  The board may,
 
22 subject to the provisions of this chapter, lease state-owned
 
23 coastal lands under the board's jurisdiction for the purpose of
 

 
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 1 generating revenues to be deposited into the beach restoration
 
 2 fund.  Any terms and conditions imposed by the board on the
 
 3 lessee shall run with the land and shall be binding on the
 
 4 lessees's heirs, successors, and assigns.  The board may seek
 
 5 enforcement of such terms and conditions in any court of
 
 6 appropriate jurisdiction. 
 
 7      §171-    Development of state-owned coastal lands.  On the
 
 8 state-owned lands subject to the provisions of this part, the
 
 9 board may undertake appropriate development to generate revenues
 
10 for beach restoration which is consistent with chapters 171,
 
11 183C, and 205A and other applicable laws.  These revenues shall
 
12 be deposited in the beach restoration fund.  For purposes of this
 
13 section, "development" includes:
 
14      (1)  Any building or mining operation;
 
15      (2)  Any material change in use, intensity of use, or
 
16           appearance of any structure or land, fast or submerged;
 
17           or
 
18      (3)  The division of land into two or more parcels.
 
19      §171-    Beach restoration fund.(a)  There is established
 
20 in the state treasury a special fund to be designated as the
 
21 "beach restoration fund" to carry out the purposes of this part.
 
22 The following moneys shall be deposited into the beach
 
23 restoration fund:
 

 
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 1      (1)  Proceeds from the lease or development of state-owned
 
 2           coastal lands designated pursuant to a beach
 
 3           restoration plan, subject to the Hawaiian Homes
 
 4           Commission Act of 1920, as amended, and section 5(f) of
 
 5           the Admission Act of 1959;
 
 6      (2)  Proceeds from the lease of public lands pursuant to
 
 7           this part for a seawall or revetment;
 
 8      (3)  Fines collected for unauthorized shoreline structures
 
 9           on state submerged land or conservation district land;
 
10      (4)  Appropriations made by the legislature for deposit into
 
11           this fund;
 
12      (5)  Donations and contributions made by private individuals
 
13           or organizations for deposit into this fund;
 
14      (6)  Fees collected for the processing of applications for
 
15           coastal and beach erosion control projects; and
 
16      (7)  Grants provided by governmental agencies or any other
 
17           source.
 
18      (b)  The beach restoration fund may be used by the
 
19 department for one or more of the following purposes:
 
20      (1)  Planning, designing, development, or implementation of
 
21           beach restoration projects pursuant to this part; and
 
22      (2)  Providing grants to the counties, non-governmental
 
23           organizations, and the University of Hawaii for the
 

 
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 1           restoration of beach lands and for research or
 
 2           engineering studies necessary to support beach
 
 3           restoration projects, subject to the provisions of this
 
 4           part."
 
 5      SECTION 3.  There is appropriated out of the special land
 
 6 and development fund the sum of $250,000, or so much thereof as
 
 7 may be necessary, for fiscal year 1999-2000 for deposit into the
 
 8 beach restoration fund created in section 2.
 
 9      SECTION 4.  There is appropriated out of the beach
 
10 restoration fund the sum of $250,000, or so much thereof as may
 
11 be necessary, for fiscal year 1999-2000 for the restoration of
 
12 beach lands.
 
13      SECTION 5.  The sums appropriated shall be expended by the
 
14 department of land and natural resources for the purposes of this
 
15 Act.
 
16      SECTION 6.  This Act shall take effect upon its approval,
 
17 provided that sections 3, 4 and 5 shall take effect on July 1,
 
18 1999.