STAND. COM. REP. NO. 1076

 

Honolulu, Hawaii

, 2023

 

RE: H.B. No. 1091

H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

 

Sir:

 

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1091, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO REAL PROPERTY DISCLOSURES WITHIN SHORELINE AREAS,"

 

begs leave to report as follows:

 

The purpose of this measure is to further strengthen purchaser protections by requiring disclosure of permitted and unpermitted erosion control structures on parcels of land adjacent to the shoreline before real estate transactions.

 

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaii Climate Change Mitigation and Adaptation Commission; Office of Planning and Sustainable Development; University of Hawaii Sea Grant College Program; University of Hawaii Climate Resilience Collaborative; Office of Climate Change, Sustainability and Resiliency of the City and County of Honolulu; Surfrider Foundation; and one individual. Your Committee received comments on this measure from the Hawaii Association of REALTORS.

 

Your Committee finds that this measure will support informed consent and actual notice to all parties of a real estate transaction regarding the location of the shoreline and result in the removal of harmful and dangerous unpermitted erosion control structures from state lands.

 

Your Committee has amended this measure by:

 

(1) Clarifying that the seller must disclose all permitted and unpermitted erosion control structures on state land seaward and adjacent to the parcel;

 

(2) Requiring the seller to disclose the annual coastal erosion rate for the zoning lot as determined by historical analysis and shown on the county databases for historical erosion rates, when publicly available; and

 

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

Your Committee notes that historical erosion rates are currently available from the City and County of Honolulu and counties of Kauai and Maui at the following web addresses where they are applied in planning and permitting and, in the case of Kauai and Maui, for calculated erosion rate-based shoreline construction setbacks:

 

Honolulu:

 

cchnl.maps.arcgis.com/apps/View/index.html?appid=6694193a396f40fb87f78e98fbad7d73

 

Kauai:

 

www.kauai.gov/Government/Departments-Agencies/Planning-Department/Shoreline-Setback

 

kauaigis.maps.arcgis.com/apps/webappviewer/index.html?id=ce0eb348f1ec4682affba1321ca5c9e6

 

Maui:

 

http://www.mauicounty.gov/865/Maui-Shoreline-Erosion-Atlas

 

Your Committee respectfully requests that the effective date for this measure be changed to November 1, 2023, to allow proper implementation.

 

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1091, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1091, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

DAVID A. TARNAS, Chair