STAND. COM. REP. NO. 2432

Honolulu, Hawaii

RE: S.B. No. 2671

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 2671 entitled:

"A BILL FOR AN ACT RELATING TO REAL PROPERTY TRANSACTIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to require that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Sierra Club of Hawai‘i, and Surfrider Oahu. Your Committee received comments on this measure from the Hawaii Climate Change Mitigation and Adaptation Commission, and Hawaii Association of Realtors.

Your Committee finds that oceanfront property is often vulnerable to hazards, such as coastal erosion and flooding from tsunamis, storms, and high waves. These hazards can be exacerbated by sea level rise. Your Committee believes that sea level rise is a concern for all real property owners, not only oceanfront property owners. Your Committee also finds that the value of property lying within the boundaries of a sea level rise exposure area is likely to be affected over time, which is a material fact that should be included in mandatory seller disclosure statements in real property transactions. This measure requires seller disclosures in real estate transactions in such areas to enable property purchasers and transferees to better understand the special hazards, permitting requirements, and limitations that may affect the property.

Your Committee has amended this measure by:

(1) Inserting an effective date of December 31, 2033, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2671, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2671, S.D. 1, and be referred to your Committees on Judiciary and Commerce, Consumer Protection, and Health.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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KAIALI'I KAHELE, Chair