Report Title:

Coastal Water Quality Monitoring; SMA Permit

Description:

Requires applicants for a special management area permit for a major development to have a water quality monitoring program similar to monitoring protocol guidelines developed by West Hawaii Coastal Monitoring Task Force.

HOUSE OF REPRESENTATIVES

H.B. NO.

1841

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to water quality.

 

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

SECTION 1. The legislature finds that, without a legislative directive, the west Hawaii coastal monitoring task force and the west Hawaii coastal monitoring program were initiated by interested citizens and government agency personnel in response to a need to develop a consistent regional data base of water quality, marine life, and coastal zone use. The results of coastal environmental monitoring are important to a wide range of interests -- beachgoers and fishermen, dischargers, engineers, government environmental managers, politicians, scientists and private citizens. The west Hawaii coastal monitoring program is a prime model for statewide coastal water quality monitoring. The purpose of this measure is to adopt the west Hawaii coastal monitoring program to standardize statewide procedure for determining potential impacts of coastal development projects and to monitor and measure conditions following development of coastal projects.

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

"§205A- Coastal water quality monitoring guidelines. The department shall adopt rules for coastal water quality monitoring that are based upon, and no less stringent than the West Hawaii Coastal Monitoring Task Force Monitoring Protocol Guidelines, to be implemented by any major development valued at or above $ , requiring a special management area permit."

SECTION 3. Section 205A-26, Hawaii Revised Statutes, is amended to read as follows:

"§205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area:

(1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure:

(A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles;

(B) Adequate and properly located public recreation areas and wildlife preserves are reserved;

(C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and

(D) Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake.

(2) No development shall be approved unless the authority has first found:

(A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options;

(B) That the development is consistent with the objectives, policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; [and]

(C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning amendment may also be required; and

(D) That any major development valued at or above $     has implemented the department's coastal water quality monitoring guidelines pursuant to section 205A- .

(3) The authority shall seek to minimize, where reasonable:

(A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough or lagoon;

(B) Any development which would reduce the size of any beach or other area usable for public recreation;

(C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management areas and the mean high tide line where there is no beach;

(D) Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast; and

(E) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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