HOUSE OF REPRESENTATIVES

H.B. NO.

565

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to disclosure of coastal hazards.

 

 

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

 


SECTION 1. The purpose of this Act is to require that:

(1) A vulnerable coastal property statement accompany the sale of a vulnerable coastal property to ensure that buyers are aware of the risks posed by sea level rise and other coastal hazards that may affect vulnerable coastal property; and

(2) Mandatory seller disclosures in real property transactions include identification of residential real properties located within a sea level rise exposure area.

SECTION 2. Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"508D- Vulnerable coastal property statement. (a) Except as provided in section 508D-3, no seller may sell a vulnerable coastal property unless:

(1) Prior to the sale of a vulnerable coastal property, a vulnerable coastal property statement is:

(A) Signed and dated by the seller within six months before or ten calendar days after the buyer's acceptance of a real estate purchase contract; and

(B) Delivered, either directly or through the seller's agent, to the buyer no later than ten calendar days after the buyer's acceptance of a real estate purchase contract,

for a vulnerable coastal property;

(2) The buyer acknowledges receipt and review of the vulnerable coastal property statement by signature on the real estate purchase contract or in any addendum attached to the contract, or in a separate document; provided that the buyer's acknowledgment shall be notarized by a notary public appointed and commissioned pursuant to chapter 456; and

(3) The vulnerable coastal property statement shall be recorded at the bureau of conveyances in a manner that conforms with the requirements of chapter 502.

(b) Every vulnerable coastal property statement shall include the following statements:

(1) "Coastal property is at risk of losing area if the shoreline retreats inland due to erosion, sea level rise, or permitting requirements";

(2) "Maps showing historic coastal erosion, flood insurance zones, and sea level rise vulnerability zones exist to inform the public of the risks of these occurrences";

(3) "Shoreline setback is determined pursuant to chapter 205A, Hawaii Revised Statutes, and the location of the shoreline setback may be affected by inland migration of the upper reach of the wash of the waves";

(4) "Obtaining permits to repair or install shoreline protection structures may be difficult due to state and federal coastal zone management policies that discourage coastal hardening";

(5) "Beaches are public trust resources that government agencies have a responsibility to protect";

(6) "The public enjoys a right of access to Hawaii's shorelines, including the right of transit along the shorelines, pursuant to section 115-4, Hawaii Revised Statutes. This right of transit can be threatened by shoreline protection structures that reduce the width of beaches as sea level rise occurs"; and

(7) "The Department of Land and Natural Resources may require a landowner to remove encroaching vegetation if a landowner's human-induced, enhanced, or unmaintained vegetation interferes with or encroaches on a beach transit corridor pursuant to section 115-10, Hawaii Revised Statutes".

(c) For the purposes of this section, "vulnerable coastal property" means residential real property within a sea level rise vulnerability area as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor."

SECTION 3. Section 508D-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) When residential real property lies:

(1) Within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps promulgated by the United States Department of Housing and Urban Development for the purposes of determining eligibility for emergency flood insurance programs;

(2) Within the boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;

(3) Within the boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities; [or]

(4) Within the anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps[,]; or

(5) Within a sea level rise exposure area as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor;

subject to the availability of maps that designate the [four] five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the [four] five designated areas specified in this subsection. The maps shall identify the properties situated within the [four] five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2019.

 

INTRODUCED BY:

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Report Title:

Real Property Transactions; Coastal Hazards; Sea Level Rise

 

Description:

Requires that a vulnerable coastal property statement accompany the sale of a vulnerable coastal property. Requires that mandatory seller disclosures in real property transactions include identification of residential real properties located within a sea level rise exposure area.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.