SB2184

SECTION l. The legislature finds that the threat of sea level rise and associated coastal hazards is well documented and already affecting various locations throughout the State. The 2023 National Climate Assessment states that for Hawaii and the United States-Affiliated Pacific Islands, climate change, particularly sea level rise, will continue to adversely affect the built environment and will harm numerous sectors of the islands' economies. The strategies required to address the emerging threat are not uniform and require thoughtful, community-engaged, location-based planning and consideration to be most effective.

The legislature seeks to support and safeguard vulnerable communities and to protect and conserve public trust resources, such as sandy beaches and dune systems, which are valuable for their cultural importance and ecosystem role, from the impacts of sea level rise. The legislature further finds that adaptation to sea level rise and coastal hazards is best accomplished via adaptation pathways with triggers for successive adaptation actions over time. These adaptation pathways may include intermediate actions taken as part of a phased approach to provide time for planning and implementation of endpoint actions, which may include relocation of public and private infrastructure away from the shoreline, where appropriate.

The legislature recognizes that in 2019, the office of planning and sustainable development's coastal zone management program completed a study titled "Assessing the Feasibility and Implications of Managed Retreat Strategies for Vulnerable Coastal Communities in Hawaiʻi". The legislature additionally finds that the office of planning and sustainable development is currently using funding from the federal government to study policy and economic solutions to encourage relocation away from coastal hazards in response to the findings of that study. The legislature strives to preserve natural resources and support individuals and communities in adapting to sea level rise and coastal hazards.

The legislature further finds that it is in the public interest for the state and county governments to engage in holistic, location-specific adaptation planning, which may include the modification and ultimate relocation of private and public infrastructure away from areas that are critically impacted by coastal hazards, including coastal erosion and flooding, particularly areas with high natural-ecosystem, cultural, and public-recreational resource value and to reduce danger to life and property from coastal hazards.

Furthermore, the legislature finds that the authority and jurisdiction to manage and regulate development within the shoreline setback and special management areas lie with the counties, and the authority and jurisdiction to manage land and regulate land use makai of the shoreline lie with the department of land and natural resources. The legislature finds that it is the policy of the State that as the shoreline migrates inland with sea level rise, ownership of the land in the shoreline area transfers to the State. Therefore, the State, through the powers of the department of land and natural resources, has a vested interest in planning for sea level rise in a way that protects natural resources for future generations.

Thus, the purpose of this Act is to enable and encourage state and county agencies to engage in and implement long-term adaptation pathways planning, together with affected communities, to facilitate natural-resource conservation and reduce the loss of public and private infrastructure to damage associated with sea level rise and flooding by:

(1) Requiring the department of land and natural resources, in coordination with appropriate state and county agencies, to prepare plans to facilitate implementation of adaptation measures, including modification and ultimate relocation of development and infrastructure away from certain at-risk areas; and

(2) Appropriating funds for this purpose.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . ADAPTATION PATHWAYS PLANNING IN SEA LEVEL RISE EXPOSURE AREAS INVOLVING STATE LANDS

§171- Definitions. As used in this part:

"Adaptation pathways" means a collection of measures, including elevating and floodproofing infrastructure, armoring, zoning, and relocation, needed to lower the risk of flooding and loss due to the sea level rising progressively over time.

"Adaptation pathways plan" means a plan outlining the adaptation pathways appropriate for a specific region, or individual parcel within a region, with environmental triggers for the implementation of individual measures identified within the adaptation pathways.

§171- General powers. (a) In carrying out their duties under this part, the board and department may do all things necessary, useful, and convenient in connection with the development and implementation of adaptation pathways plans for residential and resort development and associated public utilities and infrastructure in cooperation with relevant state and county agencies.

(b) The adaptation pathways may include measures such as elevation and reengineering of development to accommodate occasional flooding and the advancing shoreline, along with a land disposition to partially and temporarily occupy state land, other accommodation measures, and ultimate relocation from locations that are or will be critically threatened by impacts related to climate change and sea level rise.

§171- Sea level rise adaptation pathways plan. (a) The department, in cooperation with appropriate state and county agencies, shall prepare and, from time to time, revise regional-scale adaptation pathways plans for the implementation of a program to facilitate adaptation of private residential and resort development and associated public infrastructure to the impacts of sea level rise and associated flooding.

(b) Adaptation pathways plans shall be developed at a regional scale, including but not limited to an ahupuaa, and shall be specific to individual locations, taking into account factors including but not limited to shoreline type, coastal processes, and documented and predicted erosion rates and coastal flooding.

Adaptation may include accommodation measures, such as elevating and floodproofing infrastructure, armoring to prevent loss of public infrastructure, restoration of natural dunes and shoreline ecosystems, and relocation of infrastructure away from areas that are critically threatened by coastal erosion and flooding with sea level rise to areas outside the sea level rise exposure area, as designated by the Hawaii climate change mitigation and adaptation commission and special flood hazard areas.

(c) Adaptation pathways plans developed pursuant to this part may incorporate proposed time-limited land dispositions in the adaptation pathways for a habitable structure that is proposed to be modified to withstand occasional flooding with sea level rise and temporarily occupy private land and state-owned land makai of the shoreline. These modifications shall:

(1) Be shown to have a minimal impact on natural shoreline processes and public shoreline safety and access; and

(2) Include a proposed timeline and environmental triggers for the ultimate removal of development from the shoreline.

(d) Adaptation pathways plans developed pursuant to this part shall guide the department, along with appropriate state and county agencies, in identifying and prioritizing:

(1) Adaptation actions and environmental triggers for actions that are appropriate to the individual location, including but not limited to modification and relocation of residential and resort development and associated public utilities and infrastructure; and

(2) Coastal lands that are critically threatened by coastal erosion and sea level rise and have high natural and community resource value appropriate for adaptation and ultimate relocation of structures with the overall purpose of natural resource restoration and conservation.

(e) In preparing adaptation pathways plans pursuant to this part, the department, in coordination with relevant state and county agencies:

(1) May use or conduct studies:

(A) Necessary to support the development of adaptation pathways plans, including the development of regional studies pertaining to the relocation or physical alteration of development, a cost-benefit analysis of project viability, and engineering studies; and

(B) Pertaining to restoration of such lands to natural conditions and for public purposes;

(2) Shall consider any plan relating to the relocation of development and restoration of lands that has been prepared by any federal, state, county, or private agency or entity;

(3) Shall engage in culturally-informed, community-engaged planning to determine the appropriate adaptation actions and environmental triggers for implementation on a regional scale;

(4) Shall incorporate state and county climate adaptation plans; and

(5) Shall ensure that any adaptation pathways plans and programs be aligned with the objectives of state and county hazard mitigation plans and county general and community plans.

(f) The department shall enforce existing statutes and rules regarding the use of state lands and shall exercise the authority granted to it in implementing adaptation pathways plans prepared pursuant to this part."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources to identify appropriate communities for and initiate preparation of one regional sea level rise adaptation pathways plan per county; provided that the locations for these plans shall be determined:

(1) Jointly by the department of land and natural resources, the respective county planning agency, and other appropriate state agencies; and

(2) Based on the immediacy of the threat of coastal erosion and flooding caused by sea level rise to development and natural resources, ownership demographics, and zoning classification.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. This Act shall take effect upon its approval; provided that section 3 of this Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2184
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII