REPORT TITLE:
Coastal Zone Management


DESCRIPTION:
Amends the coastal zone management law to clarify that it is
solely the lead agency's responsibility to maintain a public
advisory body and facilitate other programs to encourage public
participation in the program, and that agency implementation is
to be within the scope of their statutory authority.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2242
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COASTAL ZONE MANAGEMENT.



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

 1      SECTION 1.  The legislature finds that in light of recent
 
 2 litigation, there is a need to clarify the language of chapter
 
 3 205A, Hawaii Revised Statutes, pertaining to the policy of public
 
 4 participation in the coastal zone management program, and to
 
 5 clarify the directives concerning agency consistency with the
 
 6 objectives and policies of that chapter.  The purpose of this Act
 
 7 is to make clear that it is solely the lead agency's
 
 8 responsibility to maintain a public advisory body and to
 
 9 facilitate other programs to encourage public participation in
 
10 the coastal zone management program.  This Act also amends the
 
11 language of sections 205A-4 and 205A-5, Hawaii Revised Statutes,
 
12 so that it is clear that state and county agencies are
 
13 responsible for implementing the objectives and policies of
 
14 chapter 205A only to the extent that such implementation is
 
15 within the scope of their statutory authority.
 
16      SECTION 2.  Section 205A-2, Hawaii Revised Statutes, is
 
17 amended by amending subsection (c) to read as follows:
 
18      "(c)  Policies.
 
19      (1)  Recreational resources;
 

 
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 1           (A)  Improve coordination and funding of coastal
 
 2                recreational planning and management; and
 
 3           (B)  Provide adequate, accessible, and diverse
 
 4                recreational opportunities in the coastal zone
 
 5                management area by:
 
 6                (i)  Protecting coastal resources uniquely suited
 
 7                     for recreational activities that cannot be
 
 8                     provided in other areas;
 
 9               (ii)  Requiring replacement of coastal resources
 
10                     having significant recreational value,
 
11                     including but not limited to surfing sites,
 
12                     fishponds, and sand beaches, when such
 
13                     resources will be unavoidably damaged by
 
14                     development; or requiring reasonable monetary
 
15                     compensation to the State for recreation when
 
16                     replacement is not feasible or desirable;
 
17              (iii)  Providing and managing adequate public
 
18                     access, consistent with conservation of
 
19                     natural resources, to and along shorelines
 
20                     with recreational value;
 
21               (iv)  Providing an adequate supply of shoreline
 
22                     parks and other recreational facilities
 

 
 
 
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 1                     suitable for public recreation;
 
 2                (v)  Ensuring public recreational use of county,
 
 3                     state, and federally owned or controlled
 
 4                     shoreline lands and waters having
 
 5                     recreational value consistent with public
 
 6                     safety standards and conservation of natural
 
 7                     resources;
 
 8               (vi)  Adopting water quality standards and
 
 9                     regulating point and nonpoint sources of
 
10                     pollution to protect, and where feasible,
 
11                     restore the recreational value of coastal
 
12                     waters;
 
13              (vii)  Developing new shoreline recreational
 
14                     opportunities, where appropriate, such as
 
15                     artificial lagoons, artificial beaches, and
 
16                     artificial reefs for surfing and fishing; and
 
17             (viii)  Encouraging reasonable dedication of
 
18                     shoreline areas with recreational value for
 
19                     public use as part of discretionary approvals
 
20                     or permits by the land use commission, board
 
21                     of land and natural resources, county
 
22                     planning commissions; and crediting such
 

 
 
 
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 1                     dedication against the requirements of
 
 2                     section 46-6.
 
 3      (2)  Historic resources;
 
 4           (A)  Identify and analyze significant archaeological
 
 5                resources;
 
 6           (B)  Maximize information retention through
 
 7                preservation of remains and artifacts or salvage
 
 8                operations; and
 
 9           (C)  Support state goals for protection, restoration,
 
10                interpretation, and display of historic resources.
 
11      (3)  Scenic and open space resources;
 
12           (A)  Identify valued scenic resources in the coastal
 
13                zone management area;
 
14           (B)  Ensure that new developments are compatible with
 
15                their visual environment by designing and locating
 
16                such developments to minimize the alteration of
 
17                natural landforms and existing public views to and
 
18                along the shoreline;
 
19           (C)  Preserve, maintain, and, where desirable, improve
 
20                and restore shoreline open space and scenic
 
21                resources; and
 
22           (D)  Encourage those developments which are not coastal
 

 
 
 
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 1                dependent to locate in inland areas.
 
 2      (4)  Coastal ecosystems;
 
 3           (A)  Improve the technical basis for natural resource
 
 4                management;
 
 5           (B)  Preserve valuable coastal ecosystems, including
 
 6                reefs, of significant biological or economic
 
 7                importance;
 
 8           (C)  Minimize disruption or degradation of coastal
 
 9                water ecosystems by effective regulation of stream
 
10                diversions, channelization, and similar land and
 
11                water uses, recognizing competing water needs; and
 
12           (D)  Promote water quantity and quality planning and
 
13                management practices which reflect the tolerance
 
14                of fresh water and marine ecosystems and prohibit
 
15                land and water uses which violate state water
 
16                quality standards.
 
17      (5)  Economic uses;
 
18           (A)  Concentrate coastal dependent development in
 
19                appropriate areas;
 
20           (B)  Ensure that coastal dependent development such as
 
21                harbors and ports, and coastal related development
 
22                such as visitor industry facilities and energy
 

 
 
 
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 1                generating facilities, are located, designed, and
 
 2                constructed to minimize adverse social, visual,
 
 3                and environmental impacts in the coastal zone
 
 4                management area; and
 
 5           (C)  Direct the location and expansion of coastal
 
 6                dependent developments to areas presently
 
 7                designated and used for such developments and
 
 8                permit reasonable long-term growth at such areas,
 
 9                and permit coastal dependent development outside
 
10                of presently designated areas when:
 
11                (i)  Use of presently designated locations is not
 
12                     feasible;
 
13               (ii)  Adverse environmental effects are minimized;
 
14                     and
 
15              (iii)  The development is important to the State's
 
16                     economy.
 
17      (6)  Coastal hazards;
 
18           (A)  Develop and communicate adequate information about
 
19                storm wave, tsunami, flood, erosion, subsidence,
 
20                and point and nonpoint source pollution hazards; 
 
21           (B)  Control development in areas subject to storm
 
22                wave, tsunami, flood, erosion, hurricane, wind,
 

 
 
 
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 1                subsidence, and point and nonpoint source
 
 2                pollution hazards; 
 
 3           (C)  Ensure that developments comply with requirements
 
 4                of the Federal Flood Insurance Program;
 
 5           (D)  Prevent coastal flooding from inland projects; and
 
 6           (E)  Develop a coastal point and nonpoint source
 
 7                pollution control program.
 
 8      (7)  Managing development;
 
 9           (A)  Use, implement, and enforce existing law
 
10                effectively to the maximum extent possible in
 
11                managing present and future coastal zone
 
12                development;
 
13           (B)  Facilitate timely processing of applications for
 
14                development permits and resolve overlapping or
 
15                conflicting permit requirements; and
 
16           (C)  Communicate the potential short and long-term
 
17                impacts of proposed significant coastal
 
18                developments early in their life-cycle and in
 
19                terms understandable to the public to facilitate
 
20                public participation in the planning and review
 
21                process.
 
22      (8)  Public participation;
 

 
 
 
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 1           (A)  [Maintain a public advisory body to identify
 
 2                coastal management problems and to provide policy
 
 3                advice and assistance to the coastal zone
 
 4                management program;] Promote public involvement in
 
 5                coastal zone management processes;
 
 6           (B)  Disseminate information through the lead agency on
 
 7                coastal management issues by means of educational
 
 8                materials, published reports, staff contact, and
 
 9                public workshops for persons and organizations
 
10                concerned with [coastal-related] coastal issues,
 
11                developments, and government activities; and
 
12           (C)  Organize workshops, policy dialogues, and site-
 
13                specific mediations through the lead agency to
 
14                respond to coastal issues and conflicts.
 
15      (9)  Beach protection;
 
16           (A)  Locate new structures inland from the shoreline
 
17                setback to conserve open space and to minimize
 
18                loss of improvements due to erosion;
 
19           (B)  Prohibit construction of private erosion-
 
20                protection structures seaward of the shoreline,
 
21                except when they result in improved aesthetic and
 
22                engineering solutions to erosion at the sites and
 

 
 
 
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 1                do not interfere with existing recreational and
 
 2                waterline activities; and
 
 3           (C)  Minimize the construction of public erosion-
 
 4                protection structures seaward of the shoreline.
 
 5     (10)  Marine resources;
 
 6           (A)  Exercise an overall conservation ethic, and
 
 7                practice stewardship in the protection, use, and
 
 8                development of marine and coastal resources;
 
 9           (B)  Assure that the use and development of marine and
 
10                coastal resources are ecologically and
 
11                environmentally sound and economically beneficial;
 
12           (C)  Coordinate the management of marine and coastal
 
13                resources and activities management to improve
 
14                effectiveness and efficiency;
 
15           (D)  Assert and articulate the interests of the State
 
16                as a partner with federal agencies in the sound
 
17                management of ocean resources within the United
 
18                States exclusive economic zone;
 
19           (E)  Promote research, study, and understanding of
 
20                ocean processes, marine life, and other ocean
 
21                resources in order to acquire and inventory
 
22                information necessary to understand how ocean
 

 
 
 
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 1                development activities relate to and impact upon
 
 2                ocean and coastal resources; and
 
 3           (F)  Encourage research and development of new,
 
 4                innovative technologies for exploring, using, or
 
 5                protecting marine and coastal resources."
 
 6      SECTION 3.  Section 205A-3, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§205A-3 Lead agency.  The lead agency shall:
 
 9      (1)  Receive, disburse, use, expend, and account for all
 
10           funds that are made available by the United States and
 
11           the State for the coastal zone management program;
 
12      (2)  Provide support and assistance in the administration of
 
13           the coastal zone management program;
 
14      (3)  Review federal programs, permits, licenses, and
 
15           development proposals for consistency with the coastal
 
16           zone management program;
 
17      (4)  Consult with the counties and the public in preparing
 
18           guidelines to further specify and clarify the
 
19           objectives and policies of the chapter to be submitted
 
20           twenty days prior to the convening of any regular
 
21           session of the legislature for review, modification, or
 
22           enactment by the legislature;
 

 
 
 
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 1      (5)  Conduct a continuing review of the administration of
 
 2           the coastal zone management program and of the
 
 3           compliance of state and county agencies with the
 
 4           objectives and policies of this chapter;
 
 5      (6)  Facilitate public participation in the coastal zone
 
 6           management program[;], including the maintenance of a
 
 7           public advisory body to identify coastal management
 
 8           problems and to provide policy advice and assistance to
 
 9           the lead agency and the coastal zone management
 
10           program, the dissemination of information on coastal
 
11           management issues, and the organization of workshops,
 
12           policy dialogues, and site-specific mediations
 
13           concerning coastal issues and conflicts; 
 
14      (7)  Prepare and periodically update a plan for use of
 
15           coastal zone management funds to resolve coastal
 
16           problems and issues that are not adequately addressed
 
17           by existing laws and rules;
 
18      (8)  Advocate agency compliance with chapter 205A;
 
19      (9)  Monitor the coastal zone management-related enforcement
 
20           activities of the state and county agencies responsible
 
21           for the administration of the objectives and policies
 
22           of this chapter;
 

 
 
 
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 1     (10)  Prepare an annual report to the governor and the
 
 2           legislature which shall include recommendations for
 
 3           enactment of any legislation necessary to require any
 
 4           agency to comply with the objectives and policies of
 
 5           this chapter and any guidelines enacted by the
 
 6           legislature; and
 
 7     (11)  Coordinate the implementation of the ocean resources
 
 8           management plan."
 
 9      SECTION 4.  Section 205A-4, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§205A-4 Implementation of objectives, policies, and
 
12 guidelines.(a)  In implementing the objectives of the coastal
 
13 zone management program, the respective agencies responsible
 
14 therefor shall give full consideration to ecological, cultural,
 
15 historic, esthetic, recreational, scenic, and open space values,
 
16 and coastal hazards, as well as to needs for economic
 
17 development.
 
18      (b)  [The] Actions taken by agencies pursuant to the scope
 
19 of their authority within the coastal zone management area shall
 
20 be consistent with the objectives and policies of this chapter
 
21 and any guidelines enacted by the legislature [shall be binding
 
22 upon actions within the coastal zone management area by all
 

 
 
 
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 1 agencies, within the scope of their authority]."
 
 2      SECTION 5.  Section 205A-5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§205A-5 Compliance.(a)  All agencies shall ensure that
 
 5 their rules [comply] are consistent with the objectives and
 
 6 policies of this chapter and any guidelines enacted by the
 
 7 legislature.
 
 8      (b)  All agencies, within the scope of their authority,
 
 9 shall enforce the objectives and policies of this chapter and any
 
10 rules adopted pursuant to this chapter."
 
11      SECTION 6.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 7.  This Act shall take effect upon its approval.
 
14 
 
15                              INTRODUCED BY:______________________