THE SENATE

S.B. NO.

3033

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to coastal zone management.

 

 

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

 

     SECTION 1.  The legislature finds that accelerating coastal erosion, sea level rise, storm intensity, and high-energy wave events pose significant and increasing threats to structures along vulnerable shorelines in the state.  These threats can create immediate and foreseeable hazards to public health and safety, including the risk of sudden structural failure, dangerous debris falling onto public beaches, exposure of wastewater infrastructure, and obstruction of lateral beach access relied upon by public and emergency responders.

     The legislature further finds that the members of the public who use public beaches for recreation are often highly aware of the condition of structures along the shoreline that are imminently threatened and can provide valuable insights to regulatory agencies to help avoid catastrophic collapse.  The legislature believes that proactive assessment and remedial action by agencies and structure owners can best minimize and prevent the dangers to health and safety from, and the economic costs of, the collapse of imminently threatened beach structures.

     Accordingly, the purpose of this Act is to establish a process for the public, state and county agencies, and owners of beach structures to identify, assess, and mitigate risk in advance of the collapse of structures that may endanger public health, safety, and welfare, and damage public beaches.

     SECTION 2.  Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205A-    Imminently threatened beach structure; petition; determination.  (a)  Any person may submit a petition to the public advisory board requesting a review of the integrity of a beach structure that appears imminently threatened.  The petition shall include:

     (1)  The applicable tax map key;

     (2)  The description and documentation of any hazardous conditions; and

     (3)  Any other relevant information.

     (b)  The public advisory board shall:

     (1)  Acknowledge in writing the receipt of any petition submitted pursuant to subsection (a);

     (2)  Notify in writing the owner of the beach structure concerning the submission of the petition; and

     (3)  Initiate a review of the integrity of the beach structure within thirty days of receipt of the petition.

     (c)  Each review of the integrity of a beach structure shall be completed within one hundred twenty days of the receipt of the petition.  A copy of the review shall be distributed to the petitioner, owner of the beach structure, and the lead agency.

     (d)  If the lead agency determines that a beach structure is imminently threatened, the lead agency shall request that the county agency order the owner of the imminently threatened beach structure to, as necessary:

     (1)  Remove or demolish any portion of the beach structure that poses a risk to public health, safety, welfare, or the public beach;

     (2)  Secure, remove, or remediate exposed wastewater or other infrastructure;

     (3)  Implement temporary safety measures to protect the public health, safety, and welfare, where immediate removal is not feasible; and

     (4)  Provide a long-term plan for how to prevent further danger from any remaining portion of the beach structure.

     (e)  For the purposes of this section:

     "Beach structure" includes but is not limited to a building, a foundation, walls, seawalls, decks, cesspools or septic systems, plumbing systems, or electrical systems, any portion of which is within the boundaries of a public beach.

     "Imminently threatened" means likely to be undermined, be destabilized, or collapse onto the beach within two years due to past, ongoing, or projected coastal hazards."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

OPSD; Coastal Zone Management; Imminently Threatened Beach Structures; Beach Structure Owners; Public Advisory Board; Petition; Review

 

Description:

Allows public petition to the Public Advisory Board for review of the integrity of beach structures.  Requires the Office of Planning and Sustainable Development to request the applicable county agency to order the owner of any beach structure determined to be imminently threatened to resolve, mitigate, and plan for the harmful effects of the beach structure.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.