CONFERENCE COMMITTEE REP. NO. 217-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2401

S.D. 1

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2401, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Require the Office of Planning and Sustainable Development (OPSD) to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD; and

(2) Establish procedures for the review of state and county permits associated with regional shoreline mitigation districts.

Your Committee on Conference finds that instituting a statewide adaption pathways planning framework would address sea level rise, preserve the State's beaches, and proactively formulate solutions for further challenges to the State's coastlines. This measure establishes this framework under the authority of the Office of Planning and Sustainable Development, who is well-positioned to facilitate the interagency coordination and regional shoreline planning efforts necessary to implement and manage the framework.

Your Committee on Conference has amended this measure by:

(1) Clarifying that OPSD shall identify potential regional shoreline mitigation districts on a regional scale, including but not limited to ahupuaa, coastal processes, and documented and predicted erosion rates, and functionally connected sediment cells or littoral subcells;

(2) Inserting language from the S.D. 1 version of this measure that:

(A) Requires the designation of a regional shoreline mitigation district to be for planning purposes only and prohibits the designation from constituting approval of any specific shoreline adaptation pathway or project;

(B) Requires OPSD to work collaboratively with certain agencies and entities when designating a regional shoreline mitigation district and developing a shoreline adaptation pathways plan;

(C) Requires each shoreline adaptation pathways plan to include certain elements and criteria;

(D) Requires any shoreline adaptation pathways plan to engage in culturally informed, community-engaged planning to determine the appropriate shoreline adaptation pathway when considering certain impacts of the shoreline adaptation pathway;

(E) Authorizes OPSD to transmit a finalized shoreline adaptation pathways plan to the Board of Land and Natural Resources for consideration and adoption;

(F) Authorizes the Board of Land and Natural Resources to adopt a shoreline adaptation pathways plan upon determination that the shoreline adaptation pathways plan meets certain requirements; and

(G) Defines the terms "functionally connected sediment cell or littoral subcell", "office", "regional shoreline mitigation district", "shoreline adaptation pathway", and "shoreline adaptation pathways plan";

(3) Clarifying that any shoreline adaptation pathways plan shall prioritize the preservation of the public trust resources at risk within the regional shoreline mitigation district, shall protect and maintain lateral public beach access along the shoreline, and may include the protection of shoreline properties;

(4) Authorizing, rather than requiring, an applicant to submit a shoreline adaptation pathways plan to the Board of Land and Natural Resources as part of a conservation district use permit application that involves a shoreline adaptation pathway within a designated regional shoreline mitigation district;

(5) Inserting an effective date of July 1, 2026; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2401, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2401, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ MARK J. HASHEM Co-Chair	____________________________ CHRIS LEE Chair
____________________________ DEE MORIKAWA Co-Chair	____________________________ SHARON MORIWAKI Co-Chair