STAND. COM. REP. NO. 2683
Honolulu, Hawaii
RE: S.B. No. 2401
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2401 entitled:
"A BILL FOR AN ACT RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Office of Planning and Sustainable Development to approve the establishment of regional shoreline mitigation districts to facilitate regional coordination by shoreline property owners to address coastal erosion;
(2) Require the preparation of a regional coastal erosion and sediment management plan for each regional shoreline mitigation district;
(3) Establish procedures for the review of state and county permits associated with regional shoreline mitigation districts;
(4) Establish the support and integration of regional coastline erosion and sediment management planning as a policy under the coastal zone management program;
(5) Establish one full-time (1.0 FTE) temporary position; and
(6) Appropriate funds.
Your Committee received testimony in support of this measure from Oceanit Laboratories, Inc.; Hawaiʻi Association of REALTORS; Kahana Bay Steering Committee; and thirteen individuals.
Your Committee received testimony in opposition to this measure from the Department of Land and Natural Resources.
Your Committee received comments on this measure from the Office of Planning and Sustainable Development.
Your Committee finds that shorelines across the State are experiencing coastal erosion and sea-level rise, which has impacted housing stability and insurability in affected shoreline communities. The current parcel-by-parcel approach to erosion mitigation is not well-suited to the reality that erosion spans the coastline. Consequently, the parcel-by-parcel approach yields inconsistent results along the coastline that vary from property to property and within regional areas. A more coordinated and comprehensive regional approach grounded in a defined framework for regional planning, programmatic environmental review, and coordinated agency decision-making would provide a long-term planning solution to longstanding erosion concerns. This measure will authorize the establishment of regional shoreline mitigation districts to support coastline protection measures that are science-based, regionally designed, environmentally reviewed, and publicly accountable.
Your
Committee has amended this measure by:
(1) Deleting
the definitions of "emergency erosion mitigation structure" and
"regional coastal erosion and sediment management plan";
(2) Deleting
language that would have required the Office of Planning and Sustainable
Development to identify potential regional shoreline mitigation districts;
coordinate interagency review; facilitate participation by shoreline property
owners; and receive, evaluate, and approve regional coastal erosion and
sediment management plans for each shoreline mitigation district;
(3) Deleting
language that would have authorized the Office of Planning and Sustainable
Development to recognize and approve a shoreline mitigation district upon
petition by certain property owners and the applicable county;
(4) Deleting
language that would have established certain requirements and procedures for a
regional coastal erosion and sediment management plan;
(5) Deleting
language that would have authorized the consideration of certain financing
mechanisms to implement a regional coastal erosion and sediment management
plan;
(6) Deleting
language that would have required county agencies and the Board of Land and
Natural Resources to review any permit and approval applications required to
implement shoreline erosion mitigation actions within a regional shoreline
mitigation district for consistency with the applicable approved regional
coastal erosion and sediment management plan;
(7) Inserting
language to require that the Office of Planning and Sustainable Development
serve in a planning and coordinating role to develop shoreline adaptation
pathways planning for regional shoreline mitigation districts designated by the
Office and identify potential shoreline adaptation districts, facilitate
participation by certain individuals, and provide technical assistance and
planning guidance;
(8) Inserting
language to require that the Office of Planning and Sustainable Development
coordinate shoreline adaptation pathways planning with the Department of Land
and Natural Resources, applicable county planning department, and community;
(9) Inserting
language to require that the Office of Planning and Sustainable Development
collaborate with community stakeholders and shoreline property owners and
consider certain criteria when developing a shoreline adaptation pathways plan;
(10) Inserting
language to require that any shoreline adaption pathway identified or proposed
in a shoreline adaptation pathways plan shall prioritize the preservation of
public beaches and shall provide for lateral public access along the shoreline;
(11) Inserting
language to require that any shoreline adaptation plan to engage in culturally
informed, community-engaged planning to determine the appropriate shoreline
adaptation pathway;
(12) Inserting
language to require the Office of Planning and Sustainable Development to
coordinate its review of a shoreline adaptation pathways plan with the
Department of Land and Natural Resources, applicable county agencies, and
relevant federal agencies;
(13) Inserting
language authorizing the Office of Planning and Sustainable Development, upon
finalization of a shoreline adaptation pathways plan, to transmit the plan to
the Board of Land and Natural Resources for approval;
(14) Inserting
language to authorize the Board of Land and Natural Resources to adopt a
shoreline adaptation pathways plan after determining that the plan satisfies
certain requirements;
(15) Inserting
language that amends the definition of "regional shoreline mitigation
district" and that provides definitions for "shoreline adaptation
pathways" and "shoreline adaptation pathways plan";
(16) Deleting
language that would have established procedures for the review of proposed
permits or approval applications for a regional coastal erosion and sediment
management plan located in the conservation district;
(17) Inserting
language to require that an applicant to submit to the Department of Land and
Natural Resources an adaptation pathways plan as part of a conservation
district use permit application;
(18) Deleting
language that would have supported the integration of regional coastline
erosion and sediment management planning as a policy under the coastal zone
management program;
(19) Inserting
language to establish the support and integration of shoreline adaptation
pathways planning for the preservation of public beaches and public resources, which
may include the protection of shoreline properties, as a policy under the
coastal zone management program;
(20) Inserting
additional legislative findings;
(21) Amending
section 1 to reflect its amended purpose; and
(22) Inserting
an effective date of January 1, 2065, to encourage further discussion;
(23) 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, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2401, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2401, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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