HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO REAL PROPERTY TRANSACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that climate change is real and a priority issue for the State. Climate change poses immediate and long-term threats to Hawaii's economy, sustainability, security, and way of life. Sea level rise is an especially pressing consequence of climate change. The Hawaii sea level rise vulnerability and adaptation report, adopted by the Hawaii climate change mitigation and adaptation commission, provided a statewide assessment of vulnerability of 3.2 feet of sea level rise this century. Sea level rise projections in a 2017 report by the National Oceanic and Atmospheric Administration found that based on peer-reviewed scientific research, sea levels will rise 3.2 feet in Hawaii before the end of the century in an intermediate scenario and as early as 2060 in an extreme scenario.
The legislature finds that a property's vulnerability to sea level rise, as identified by the Hawaii sea level rise vulnerability and adaptation report and its sea level rise exposure area map data available in the Hawaii sea level rise viewer and county mapping tools, or their successors, is a material fact for the purposes of mandatory seller disclosures in residential property sales. The Hawaii sea level rise viewer includes a tax map key parcel map layer and search function that allows users to locate a property of concern. Chapter 508D, Hawaii Revised Statutes, requires that all residential property sales include a written disclosure statement prepared by or for the seller that fully and accurately discloses all material facts about the property. A material fact is defined in the chapter as "any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale." Sea level rise, or an ongoing vulnerability to it, can be expected to measurably affect the value of residential real property.
Accordingly, the purpose of this Act is to require that mandatory seller disclosures in residential real property transactions identify property within the sea level rise exposure area as officially designated by the Hawaii climate change mitigation and adaptation commission or its successor.
SECTION 2. 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]
flood maps promulgated by the National Flood Insurance Program of the Federal
Emergency Management Agency 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; [
(4) Within the anticipated inundation areas
designated on the department of defense's emergency management tsunami
(5) Within the 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
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 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on May 1, 2022.
Real Property Transactions; Mandatory Seller Disclosures; Sea Level Rise Exposure Area
Beginning 05/01/2022, requires sellers to disclose whether the real property lies within the sea level rise exposure area designated by the Hawaii climate change mitigation and adaptation commission or its successor. Effective 5/1/2022. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.