HB 1137: Restoration of Beach Lands; Beach Restoration Activities

A BILL FOR AN ACT

RELATING TO RESTORATION OF BEACH LANDS.

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

     SECTION 1.  The legislature finds that the Intergovernmental Panel on Climate Change, the world's leading authority on climate science, in its Assessment Report 6 (2021) stated that it has high confidence that global sea level is committed to rise for centuries to millennia, regardless of whether humans slow carbon emissions into the atmosphere.

     The legislature also finds that the state climate change mitigation and adaptation commission, created by Act 32, Session Laws of Hawaii 2017, stated in its 2022 report to the legislature that Hawaii is projected to likely experience between 3.9 and 5.9 feet of sea level rise by the year 2100.  The legislature finds that sea level rise poses a serious and imminent threat to Hawaii's coastal communities and residents and to Hawaii's natural resources, primarily beaches and coastal ecosystems.  The legislature recognizes that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii, and that beaches are culturally important and provide natural resilience to sea level rise and associated coastal flooding.

     The purpose of this Act is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threats of sea level rise and beach loss.

     SECTION 2.  Section 171-151, Hawaii Revised Statutes, is amended by amending the definition of "beach restoration" to read as follows:

""Beach restoration" means [the placement of sand, with or without stabilizing structures, on an eroded beach from an outside source such as offshore sand deposits, streams, channels or harbor mouths, or an upland sand quarry.] an activity undertaken to:

     (1)  Maintain and improve beaches and dune systems through management of sand and native dune vegetation;

     (2)  Place sand on an eroded beach from an approved outside or adjacent source, with or without stabilizing structures; or

     (3)  Remove abandoned remnant materials from beaches and dunes that pose a risk to public health and coastal ecosystems; provided that emergency erosion protection structures constructed pursuant to permits issued by the department and that continue to provide the protection for which they were permitted shall not be deemed abandoned remnant materials."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Restoration of Beach Lands; Beach Restoration Activities

Description:

Amends the definition of "beach restoration" to include activities undertaken to maintain and improve eroded beaches and degraded dune systems through the management of sand and native vegetation, placement of sand, and activities undertaken to remove abandoned remnant materials that pose a risk to public and ecosystem health.  (CD1)

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

A BILL FOR AN ACT

RELATING TO RESTORATION OF BEACH LANDS.

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

     SECTION 1.  The legislature finds that the Intergovernmental Panel on Climate Change, the world's leading authority on climate science, in its Assessment Report 6 (2021) stated that it has high confidence that global sea level is committed to rise for centuries to millennia, regardless of whether humans slow carbon emissions into the atmosphere.

     The legislature also finds that the state climate change mitigation and adaptation commission, created by Act 32, Session Laws of Hawaii 2017, stated in its 2022 report to the legislature that Hawaii is projected to likely experience between 3.9 and 5.9 feet of sea level rise by the year 2100.  The legislature finds that sea level rise poses a serious and imminent threat to Hawaii's coastal communities and residents and to Hawaii's natural resources, primarily beaches and coastal ecosystems.  The legislature recognizes that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii, and that beaches are both culturally important and provide natural resilience to sea level rise and associated coastal flooding.

     The purpose of this Act is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threats of sea level rise and beach loss.

     SECTION 2.  Section 171-151, Hawaii Revised Statutes, is amended by amending the definition of "beach restoration" to read as follows:

""Beach restoration" means [the placement of sand, with or without stabilizing structures, on an eroded beach from an outside source such as offshore sand deposits, streams, channels or harbor mouths, or an upland sand quarry.] an activity undertaken to:

     (1)  Maintain and improve beaches and dune systems through management of sand and native dune vegetation;

     (2)  Place sand on an eroded beach from an approved outside or adjacent source, with or without stabilizing structures; or

     (3)  Remove abandoned remnant materials from beaches and dunes that pose a risk to public health and coastal ecosystems; provided that emergency erosion protection structures constructed pursuant to permits issued by the department shall not be deemed abandoned property."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2040.

Report Title:

Restoration of Beach Lands

Description:

Amends the definition of "beach restoration" to include activities undertaken to maintain and improve eroded beaches and degraded dune systems through the management of sand and native vegetation, placement of sand, and activities undertaken to remove abandoned remnant materials that pose a risk to public and ecosystem health.  Effective 7/1/2040.  (SD1)

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

A BILL FOR AN ACT

RELATING TO RESTORATION OF BEACH LANDS.

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

     SECTION 1.  The legislature finds that the Intergovernmental Panel on Climate Change, the world's leading authority on climate science, in its Assessment Report 6 (2021) stated that it has high confidence that global sea level is committed to rise for centuries to millennia, regardless of whether humans slow carbon emissions into the atmosphere.

     The legislature also finds that the state climate change mitigation and adaptation commission, created by Act 32, Session Laws of Hawaii 2017, stated in its 2022 report to the legislature that Hawaii is projected to likely experience between 3.9 and 5.9 feet of sea level rise by the year 2100.  The legislature finds that sea level rise poses a serious and imminent threat to Hawaii's coastal communities and residents and to Hawaii's natural resources, primarily beaches and coastal ecosystems.  The legislature recognizes that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii, and that beaches are both culturally important and provide natural resilience to sea level rise and associated coastal flooding.

     The purpose of this Act is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threats of sea level rise and beach loss.

     SECTION 2.  Section 171-151, Hawaii Revised Statutes, is amended by amending the definition of "beach restoration" to read as follows:

""Beach restoration" means [the placement of sand, with or without stabilizing structures, on an eroded beach from an outside source such as offshore sand deposits, streams, channels or harbor mouths, or an upland sand quarry.] an activity undertaken to:

     (1)  Maintain and improve beaches and dune systems through management of sand and native dune vegetation;

     (2)  Place sand on an eroded beach from an approved outside or adjacent source, with or without stabilizing structures; or

     (3)  Remove abandoned remnant materials from beaches and dunes that pose a risk to public health and coastal ecosystems."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Restoration of Beach Lands

Description:

Amends the definition of "beach restoration" to include activities undertaken to maintain and improve eroded beaches and degraded dune systems through the management of sand and native vegetation, placement of sand, and activities undertaken to remove abandoned remnant materials that pose a risk to public and ecosystem health.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO RESTORATION OF BEACH LANDS.

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

     SECTION 1.  The legislature finds that the Intergovernmental Panel on Climate Change, the world's leading authority on climate science, in its Assessment Report 6 (2021) stated that it has high confidence that global sea level is committed to rise for centuries to millennia, regardless of whether humans slow carbon emissions into the atmosphere.

     The legislature also finds that the state climate change mitigation and adaptation commission, created by Act 32, Session Laws of Hawaii 2017, stated in its 2022 report to the legislature that Hawaii is projected to likely experience between 3.9 and 5.9 feet of sea level rise by the year 2100.  The legislature finds that sea level rise poses a serious and imminent threat to Hawaii's coastal communities and residents and to Hawaii's natural resources, primarily beaches and coastal ecosystems.  The legislature recognizes that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii, and that beaches are both culturally important and provide natural resilience to sea level rise and associated coastal flooding.

     The purpose of this Act is to amend the definition of beach restoration to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threats of sea level rise and beach loss.

     SECTION 2.  Section 171-151, Hawaii Revised Statutes, is amended by amending the definition of "beach restoration" to read as follows:

""Beach restoration" means [the placement of sand, with or without stabilizing structures, on an eroded beach from an outside source such as offshore sand deposits, streams, channels or harbor mouths, or an upland sand quarry.] an activity undertaken to:

     (1)  Maintain and improve beaches and dune systems through management of sand and native dune vegetation;

     (2)  Place sand on an eroded beach from an approved outside or adjacent source, with or without stabilizing structures; or

     (3)  Remove abandoned remnant materials from beaches and dunes that pose a risk to public health and coastal ecosystems."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Restoration of Beach Lands

Description:

Amends the definition of beach restoration to include activities undertaken to maintain and improve eroded beaches and degraded dune systems through the management of sand and native vegetation, placement of sand, and activities undertaken to remove abandoned and remnant materials that pose a risk to public and ecosystem health.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO RESTORATION OF BEACH LANDS.

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

     SECTION 1.  The legislature finds that the Intergovernmental Panel on Climate Change, the world's leading authority on climate science, in its Assessment Report 6 (2021) stated that it has high confidence that global sea level is committed to rise for centuries to millennia, regardless of whether humans slow carbon emissions into the atmosphere.

     The legislature also finds that the state climate change mitigation and adaptation commission, created by Act 32, Session Laws of Hawaii 2017, stated in its 2022 report to the legislature that Hawaii is projected to likely experience between 3.9 and 5.9 feet of sea level rise by the year 2100.  The legislature finds that sea level rise poses a serious and imminent threat to Hawaii's coastal communities and residents and to Hawaii's natural resources, primarily beaches and coastal ecosystems.  The legislature recognizes that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii, and that beaches are both culturally important and provide natural resilience to sea level rise and associated coastal flooding.

     The purpose of this Act is to amend the definition of beach restoration to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threat of sea level rise and beach loss.

     SECTION 2.  Section 171-151, Hawaii Revised Statutes, is amended by amending the definition of "beach restoration" to read as follows:

""Beach restoration" means [the placement of sand, with or without stabilizing structures, on an eroded beach from an outside source such as offshore sand deposits, streams, channels or harbor mouths, or an upland sand quarry.] an activity undertaken to:

     (1)  Maintain and improve beaches and dune systems through management of sand and native dune vegetation;

     (2)  Place sand on an eroded beach from an approved outside or adjacent source, with or without stabilizing structures; or

     (3)  Remove abandoned remnant materials from beaches and dunes that pose a risk to public health and coastal ecosystems."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Restoration of Beach Lands

Description:

Amends the definition of beach restoration to include activities undertaken to maintain and improve eroded beaches and degraded dune systems through the management of sand and native vegetation, placement of sand, and activities undertaken to remove abandoned and remnant materials that pose a risk to public and ecosystem health.

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

CONFERENCE COMMITTEE REP. NO. 52

Honolulu, Hawaii

                 , 2025

RE:    H.B. No. 1137

       H.D. 2

       S.D. 1

       C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1137, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RESTORATION OF BEACH LANDS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threats of sea level rise and beach loss.

     Your Committee on Conference has amended this measure by:

     (1)  Clarifying that emergency erosion protection structures constructed pursuant to permits issued by the Department of Land and Natural Resources that continue to provide the protection for which they were permitted should not be deemed abandoned remnant materials;

     (2)  Changing the effective date to July 1, 2025; and

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

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1137, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1137, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO. 1701

Honolulu, Hawaii

RE:    H.B. No. 1137

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 1137, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RESTORATION OF BEACH LANDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "beach restoration" to expand the types of activities that the State recognizes as restorative and beneficial to beach lands.

     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources; University of Hawaii System; City and County of Honolulu Office of Climate Change, Sustainability, and Resiliency; Association of Apartment Owners of Hololani; Hawaii Reef and Ocean Coalition; Land Use Research Foundation of Hawaii; Surfrider Foundation Hawaii Region; and Waikiki Beach Special Improvement District Association.

     Your Committee finds that the sea level is expected to rise 3.9 to 5.9 feet in Hawaii by 2100, posing a severe threat to coastal communities and natural resources.  Your Committee further finds that expanding the definition of "beach restoration" to include a broader range of activities will help preserve beaches and protect beaches from sea level rise.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1137, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 1216

Honolulu, Hawaii

RE:    H.B. No. 1137

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred H.B. No. 1137, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO RESTORATION OF BEACH LANDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to increasing threats of sea level rise and beach loss.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, University of Hawaiʻi System, University of Hawaiʻi Sea Grant College Program, Office of Climate Change Sustainability and Resiliency of the City and County of Honolulu, one member of the Maui County Council, Association of Apartment Owners of Hololani, Maui Nui Resiliency Hui, Surfrider Foundation Hawaiʻi Region, Waikīkī Beach Special Improvement District Association, and two individuals.

     Your Committee received comments on this measure from the Department of Parks and Recreation of the County of Maui.

     Your Committee finds that the State's coastal resources, primarily beaches and coastal ecosystems, are at risk due to sea level rise.  Your Committee further finds that beach restoration efforts are necessary to preserve the State's beaches.  However, existing law does not recognize certain beach restoration activities, including dune restoration, that promote naturally resilient shorelines.  Accordingly, this measure recognizes other types of activities as restorative and beneficial, supporting a full suite of nature-based activities proven to enhance the public trust, promote resilience, and encourage community engagement.

     Your Committee has amended this measure by:

     (1)  Inserting language clarifying that emergency erosion protection structures constructed pursuant to permits issued by the Department of Land and Natural Resources shall not be deemed abandoned property; and

     (2)  Inserting an effective date of July 1, 2040, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1137, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1137, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

STAND. COM. REP. NO.  1093

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1137

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1137, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RESTORATION OF BEACH LANDS,"

begs leave to report as follows:

     The purpose of this measure is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to sea level rise and beach loss.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; University of Hawaiʻi Sea Grant College Program; School of Ocean and Earth Science and Technology's Climate Resilience Collaborative at the University of Hawaiʻi at Mānoa; Waikīkī Beach Special Improvement District Association; Surfrider Foundation Hawaiʻi Region; Land Use Research Foundation of Hawaii; Free Access Coalition; and numerous individuals.

     Your Committee finds that expanding the definition of "beach restoration" allows for a wider range of nature-based activities, such as dune restoration and removal of derelict structures, to be supported through the beach restoration program.  This broadens opportunities for community involvement and strengthens efforts to enhance shoreline resilience and public trust.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     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. 1137, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1137, H.D. 2.

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

STAND. COM. REP. NO.  304

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1137

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1137 entitled:

"A BILL FOR AN ACT RELATING TO RESTORATION OF BEACH LANDS,"

begs leave to report as follows:

     The purpose of this measure is to amend the definition of "beach restoration" to expand the types of activities the State recognizes as restorative and beneficial to beach lands in response to sea level rise and beach loss.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; University of Hawai‘i Sea Grant College Program and Climate Resilience Collaborative; and one individual.

     Your Committee finds that the existing definition of "beach restoration" is limited to the placement of sand on eroded beaches and that other activities, such as sand management, native vegetation management, and removal of abandoned materials from public beaches are restorative and beneficial to beach restoration.  This measure will provide the Department of Land and Natural Resources with flexibility to proactively manage and care for beach resources.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1137, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1137, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,