Beach Lands

Authorize beach restoration, create beach restoration special
fund, appropriate funds.  (HB1183 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The State has provided for the regulation and
 2 management of land use and development throughout the State under
 3 chapters 171, 183C, and 205A, Hawaii Revised Statutes, and has
 4 provided through these laws for the protection of beach lands
 5 which have natural, environmental, ecological, economic,
 6 recreational, scenic, cultural, or historic value and which
 7 protect persons from flooding and erosion.  However, these lands,
 8 though protected by these laws, may in many instances require
 9 restoration to serve various functions, including hazard
10 mitigation, recreation, cultural appreciation, and ecological
11 well-being, and generally be made accessible to all of the people
12 of the State.  The purpose of this Act is to provide for the
13 restoration of public beach lands in those instances in which
14 such restoration is considered to benefit the people of the
15 State.
16      SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended
17 by adding a new part to be appropriately designated and to read
18 as follows:

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 2      171-  Definitions.  For the purposes of this part:
 3      "Beach lands" means all lands in the shoreline area
 4 including sand, rocky, or cobble beaches, dune systems, landward
 5 and seaward sand reserves, and all such lands subject to the
 6 natural processes of erosion and accretion.  The term includes
 7 easements and rights in such land and any improvements on land.
 8      "Beach restoration" means the placement of sand, with or
 9 without stabilizing structures, on an eroded beach from an
10 outside source such as offshore sand deposits, streams, channels
11 or harbor mouths, or an upland sand quarry.
12      "Coastal lands" means all land within the state coastal zone
13 management area.
14      171-  General powers.(a)  In carrying out its functions
15 under this part, the board may do all things necessary, useful,
16 and convenient in connection with the restoration of beach lands,
17 subject to all applicable laws, and may provide any necessary
18 assistance to any county or nongovernmental organization in the
19 restoration of beach lands so long as the public interest is
20 served, provided that for beach restoration on privately-owned
21 lands, the board shall be required to obtain authorization from
22 affected property owners.

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                                     H.B. NO.           H.D. 2

 1      (b)  The board or the board's designee, subject to this
 2 chapter and chapters 183C and 205A, shall maintain and manage
 3 beach lands restored pursuant to this part as well as a  beach
 4 restoration plan described in section 171-   , subject to
 5 available funds.
 6      171-  Beach restoration plan.  The department shall
 7 prepare and, from time to time, revise plans for the restoration
 8 of beach lands of the State.  These plans shall guide the board
 9 in identifying those beach lands in need of restoration which
10 have been degraded as a result of natural or human actions and
11 shall designate suitable coastal lands for the purpose of
12 generating revenues to carry out the purposes of this section.
13 In preparing these plans, the department may institute studies
14 pertaining to the need for restoration of such lands and shall
15 consider any plan relating to the restoration of such lands that
16 has been prepared by any federal, state, county, or private
17 agency or entity.  The department may also institute other
18 studies as necessary to support the development of beach
19 restoration projects, including the development of socio-economic
20 profiles, environmental studies pertaining to sand source
21 analysis, and ecological effects of beach restoration, cost-
22 benefit analysis for project viability, and coastal engineering
23 studies including data gathering.

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 1      171-  Authority to lease coastal lands.  The board,
 2 subject to the provisions of this chapter, may lease state-owned
 3 coastal lands under the board's jurisdiction for the purpose of
 4 generating revenues to be deposited into the beach restoration
 5 fund.  Any terms and conditions imposed by the board on the
 6 lessee shall run with the land and shall be binding on the
 7 lessees's heirs, successors, and assigns.  The board may seek
 8 enforcement of such terms and conditions in any court of
 9 appropriate jurisdiction. 
10      171-    Development of state-owned coastal lands.  On the
11 state-owned lands subject to this part, the board may undertake
12 appropriate development to generate revenues for beach
13 restoration which is consistent with this chapter and chapters
14 183C and 205A and other applicable laws.  These revenues shall be
15 deposited in the beach restoration fund.  For purposes of this
16 section, "development" includes:
17      (1)  Any building or mining operation;
18      (2)  Any material change in use, intensity of use, or
19           appearance of any structure or land, fast or submerged;
20           or
21      (3)  The division of land into two or more parcels.

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                                     H.B. NO.           H.D. 2

 1      171-    Beach restoration special fund.(a)  There is
 2 established in the state treasury a special fund to be designated
 3 as the "beach restoration special fund" to carry out the purposes
 4 of this part.  The following moneys shall be deposited into the
 5 beach restoration special fund:
 6      (1)  Proceeds from the lease or development of state-owned
 7           coastal lands designated pursuant to a beach
 8           restoration plan, subject to the Hawaiian Homes
 9           Commission Act of 1920, as amended, and section 5(f) of
10           the Admission Act of 1959;
11      (2)  Proceeds from the lease of public lands pursuant to
12           this part for a seawall or revetment;
13      (3)  Fines collected for unauthorized shoreline structures
14           on state submerged land or conservation district land;
15      (4)  Appropriations made by the legislature for deposit into
16           this fund;
17      (5)  Donations and contributions made by private individuals
18           or organizations for deposit into this fund;
19      (6)  Fees collected for the processing of applications for
20           coastal and beach erosion control projects; and
21      (7)  Grants provided by governmental agencies or any other
22           source.

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                                     H.B. NO.           H.D. 2

 1      (b)  The beach restoration special fund may be used by the
 2 department for one or more of the following purposes:
 3      (1)  Planning, designing, development, or implementation of
 4           beach restoration projects pursuant to this part; and
 5      (2)  Providing grants to the counties, nongovernmental
 6           organizations, and the University of Hawaii for the
 7           restoration of beach lands and for research or
 8           engineering studies necessary to support beach
 9           restoration projects, subject to this part."
10      SECTION 3.  There is appropriated out of the special land
11 and development fund the sum of $1 or so much thereof as may be
12 necessary for fiscal year 1999-2000 for deposit into the beach
13 restoration special fund created in section 2.
14      SECTION 4.  There is appropriated out of the beach
15 restoration special fund the sum of $1 or so much thereof as may
16 be necessary for fiscal year 1999-2000 for the restoration of
17 beach lands.
18      SECTION 5.  The sums appropriated shall be expended by the
19 department of land and natural resources for the purposes of this
20 Act.
21      SECTION 6.  This Act shall take effect on July 1, 2010.