Beach Lands

Authorizes beach restoration, creates beach restoration special
fund, appropriates funds.  Appropriates funds to conduct an
engineering design and analysis of beach restoration at the
designated shorelines of Honokowai, Kaaawa, and Sacred Falls.

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

                   A  BILL  FOR  AN  ACT



 1                              PART I.
 2      SECTION 1.  The State has provided for the regulation and
 3 management of land use and development throughout the State under
 4 chapters 171, 183C, and 205A, Hawaii Revised Statutes, and has
 5 provided through these laws for the protection of beach lands
 6 which have natural, environmental, ecological, economic,
 7 recreational, scenic, cultural, or historic value and which
 8 protect persons from flooding and erosion.  However, these lands,
 9 though protected by these laws, may in many instances require
10 restoration to serve various functions, including hazard
11 mitigation, recreation, cultural appreciation, and ecological
12 well-being, and generally be made accessible to all of the people
13 of the State.  The purpose of this Part is to provide for the
14 restoration of public beach lands in those instances in which
15 such restoration is considered to benefit the people of the
16 State.
17      SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended
18 by adding a new part to be appropriately designated and to read
19 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.
23      (b)  The board or the board's designee, subject to this

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

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

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

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 1           beach restoration projects pursuant to this part; and
 2      (2)  Providing grants to the counties, nongovernmental
 3           organizations, and the University of Hawaii for the
 4           restoration of beach lands and for research or
 5           engineering studies necessary to support beach
 6           restoration projects, subject to this part."
 7      SECTION 3.  There is appropriated out of the special land
 8 and development fund the sum of $      , or so much thereof as
 9 may be necessary for fiscal year 1999-2000 for deposit into the
10 beach restoration special fund created in section 2.
11      SECTION 4.  There is appropriated out of the beach
12 restoration special fund the sum of $      , or so much thereof
13 as may be necessary for fiscal year 1999-2000 for the restoration
14 of beach lands.
15      SECTION 5.  The sums appropriated shall be expended by the
16 department of land and natural resources for the purposes of this
17 Part.
18                             PART II.
19      SECTION 6.  The legislature finds that coastal erosion and
20 beach loss have reached a level of high concern.  Many of
21 Hawaii's coastal areas are experiencing erosion rates exceeding
22 one foot per year.  Studies show that nearly twenty-five per cent
23 of the sandy beaches on Oahu, and possibly as much as thirty per

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 1 cent of Maui beaches, have been lost or severely narrowed over
 2 the past seventy years due to erosion.  Given the current trends
 3 of rising global sea levels and increased coastal development,
 4 coastal erosion is expected to continue to be an environmental,
 5 societal, cultural, and economic concern in the forseeable
 6 future.
 7      The legislature further finds that as a management response
 8 to coastal erosion, the State should investigate the
 9 applicability of beach and dune restoration through the use of
10 sand nourishment.  Honokowai beach park on west Maui, Kaaawa
11 beach park on windward Oahu, and the Sacred Falls shoreline on
12 windward Oahu were identified as the three best candidates for
13 Hawaii's first demonstration beach restoration project.
14      The purpose of this Part is to manage coastal erosion and
15 restore Hawaii's beaches.
16      SECTION 7.  There is appropriated out of the general
17 revenues of the State of Hawaii the sum of $       , or so much
18 thereof as may be necessary for fiscal year 1999-2000, to conduct
19 an engineering design and analysis of beach restoration at
20 Honokowai beach park, Kaaawa beach park, and the Sacred Falls
21 shoreline and a demonstration scale engineering investigation for
22 an offshore sand source to be used in beach restoration.
23      SECTION 8.  The sum appropriated shall be expended by the

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 1 department of land and natural resources for the purposes of this
 2 Part.
 3      SECTION 9.  This Act shall take effect on July 1, 2999.