SB 1456: Restoration of Beach Lands; Kahana Bay Beach Restoration Pilot Project; Sand Restoration and Dune Replenishment Pilot Project; Appropriation

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 will continue 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 legislature further finds that initiating beach restoration pilot projects, such as a project to address costal erosion in Kahana bay on the island of Maui, will further the State's goals of preserving the State's beaches for the people of Hawaii.  In 2017, the owners of units in the nine condominium projects and one residential parcel on Kahana bay formed and funded the Kahana Bay Steering Committee to develop and implement a regional project to restore eroded beaches in the bay.  The Kahana Bay Steering Committee retained Oceanit in 2018 to assist in the engineering, planning, permitting, and implementation of the project.  Oceanit engaged in extensive community and agency consultation and, in 2021, published the Kahana Bay Erosion Mitigation Project Second Draft Environmental Impact Statement, which estimated that the project would cost between $26,000,000 and $40,000,000 and require the creation of several rock groins.  The Kahana Bay Steering Committee proposed to fund the projected cost of the project through community facilities district financing pursuant to chapter 3.75, Maui County Code, which would require that the rock groins required to hold the replenished sand in place be publicly owned.  For various reasons, this project has stalled.

     The legislature additionally finds that another pilot project that would advance the State's goals of beach restoration would be to restore the dunes at Hanakaoo beach park, which will build resilience and infrastructure protection from high wave events and function as a natural buffer against the effects of sea level rise.  In addition to cultural practices and community gatherings, Hanakaoo beach is a prime location for Hawaiian outrigger canoeing and is the home for all west Maui canoe clubs.  Dune restoration is a nature-based, low-impact solution that balances environmental sustainability with cultural and recreational needs.  However, further technical guidance and assistance in using the tools of dune restoration is needed to create a productive dune habitat and restore dunes and ecosystem services.

     Accordingly, the purpose of this Act is to:

     (1)  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; and

     (2)  Appropriate funds for a Kahana bay beach restoration pilot project and a sand restoration and dune replenishment pilot project on the island of Maui.

     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.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for a Kahana bay beach restoration pilot project to be undertaken seaward of the parcels located at and between tax map key numbers 2-4-3-010:001 at the southern end and 2-4-3-005:029 on the northern end, on the island of Maui; provided that the Kahana bay beach restoration pilot project shall not include the creation of any t-groins; provided further that the department of land and natural resources shall consult with the Army Corps of Engineers regarding a path forward for the Kahana bay beach restoration project; provided further that the sums appropriated shall be provided in the following ratios:

     (1)  Twenty-five per cent to be paid out of the general revenues of the State of Hawaii;

     (2)  Twenty-five per cent to be paid by the county of Maui; and

     (3)  Fifty per cent to be paid by residents living or owning property in the parcels located and between tax map key numbers 2-4-3-010:001 at the southern end and 2-4-3-005:029 on the northern end, on the island of Maui.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for a sand restoration and dune replenishment pilot project to be undertaken seaward of Hanakaoo Park on the island of Maui; provided that the sand restoration and dune replenishment pilot project shall not include the construction of any t-groins; provided further that that sums appropriated shall be provided in the following ratios:

     (1)  Twenty-five per cent to be paid out of the general revenues of the State of Hawaii;

     (2)  Twenty-five per cent to be paid by the county of Maui; and

     (3)  Fifty per cent to be paid by residents living or owning property in the area surrounding Hanakaoo Park.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

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

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Restoration of Beach Lands; Kahana Bay Beach Restoration Pilot Project; Sand Restoration and Dune Replenishment Pilot Project; Appropriation

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, place sand on an eroded beach, and remove abandoned remnant materials that pose a risk to public and ecosystem health.  Appropriates funds for a Kahana Bay beach restoration pilot project and a sand restoration and dune replenishment pilot project on the island of Maui.  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:

     (1)  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; and

     (2)  Appropriate funds for sand restoration and dune replenishment pilot projects.

     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.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for a sand restoration and dune replenishment pilot project to be undertaken seaward of the parcels located at and between tax map key numbers 2-4-3-005-027-0000 and 2-4-3-009-052-0000, on the island of Maui.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for a sand restoration and dune replenishment pilot project to be undertaken seaward of Hanakaoo Park on the island of Maui.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

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

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

Restoration of Beach Lands; Sand Restoration and Dune Replenishment Pilot Projects; Appropriation

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, place sand on an eroded beach, and remove abandoned remnant materials that pose a risk to public and ecosystem health.  Appropriates funds for sand restoration and dune replenishment pilot projects.  (PROPOSED 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.

STAND. COM. REP. NO.  1261

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1456

      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 S.B. No. 1456 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 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; Office of Climate Change Sustainability and Resiliency of the City and County of Honolulu; and numerous individuals.

     Prior to the hearing on this measure, your Committee posted and made available for public review a proposed H.D. 1, which added two appropriations for a sand restoration and dune replenishment pilot project to be undertaken seaward of certain parcels on the island of Maui.

     Your Committee received testimony in support of the proposed H.D. 1 from the University of Hawai‘i Sea Grant College Program; Coastal Research Collaborative; Association of Apartment Owners of Hololani; Waikiki Beach Special Improvement District Association; Valley Isle Resort; Land Use Research Foundation of Hawaii; Maui Luxury Realty LLC; and numerous individuals.  Your Committee received testimony in opposition to the proposed H.D. 1 from one individual.  Your Committee received comments on the proposed H.D. 1 from the Department of Land and Natural Resources; Maui Nui Resiliency Hui; Lāhainā Strong; and one individual.

     Your Committee finds that according to the State Climate Change Mitigation and Adaptation Commission's 2022 report, Hawaii is projected to likely experience between 3.9 and 5.9 feet of sea level rise by the year 2100.  Your Committee further finds that the State has an affirmative duty to preserve beaches as a public trust resource for the people of Hawaii.  However, the existing definition of "beach restoration" is limited to the placement of sand on a beach from an outside source.  Your Committee believes that broadening the definition of "beach restoration" to include other restorative activities, such as dune restoration and the removal of derelict structures, will enable the State to support a full suite of nature-based activities proven to enhance the public trust, promote resilience, and encourage community engagement.

     Your Committee further finds that much of the Kahana Bay shoreline, which has been identified as an appropriate location for a sand restoration and dune replenishment pilot project in the proposed H.D. 1, has been severely depleted and many of the shoreline parcels are relying on emergency sandbag walls to protect the condominiums built on these parcels.  Your Committee believes that these beaches would benefit from a beach nourishment program, which would restore lost coastline and protect existing residential structures from the threat of further coastal erosion.

     Your Committee has amended this measure by adopting the proposed H.D. 1 and further amending the measure by:

     (1)  Amending its preamble;

     (2)  Clarifying that one appropriation in this measure is for a Kahana Bay beach restoration pilot project and:

          (A)  Amending the tax map keys identifying the area in which the Kahana Bay beach restoration pilot project will occur;

          (B)  Prohibiting the Kahana Bay beach restoration pilot project to include the creation of any t-groins;

          (C)  Requiring the Department of Land and Natural Resources to consult with the Army Corps of Engineers regarding a path forward for the Kahana Bay beach restoration project; and

          (D)  Specifying that any funds appropriated will be paid for by twenty-five percent from state general revenues, twenty-five percent from the County of Maui, and fifty percent from residents living or owning property in or between the identified tax map keys;

     (3)  Prohibiting the sand restoration and dune replenishment pilot project seaward of Hanakaoo Park to include the construction of any t-groins and specifying that any funds appropriated will be paid for by twenty-five percent from state general revenues, twenty-five percent from the County of Maui, and fifty percent from residents living or owning property in the area surrounding Hanakaoo Park;

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

     (5)  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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1456, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1456, 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,

STAND. COM. REP. NO. 948

Honolulu, Hawaii

RE:    S.B. No. 1456

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 S.B. No. 1456 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 expand the types of activities the State recognizes as restorative and beneficial to beach lands.

     Specifically, the measure amends the definition of the term "beach restoration," as used in applicable statutory law relating to the restoration of beach lands, to mean 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.

     Your Committee received written comments in support of this measure from the University of Hawaii System, Department of Land and Natural Resources, Waikiki Beach Special Improvement District Association, Land Use Research Foundation of Hawaii, Free Access Coalition, and numerous individuals.

     Your Committee recognizes the dire threat that sea level rise poses to the State's coastal communities, coastal ecosystems, natural resources, and beaches.  Your Committee believes that this measure appropriately revises applicable law to help ensure the continued care of the State's beaches in the face of this threat.

     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 S.B. No. 1456 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. 368

Honolulu, Hawaii

RE:    S.B. No. 1456

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 S.B. No. 1456 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 the increasing threat 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, Surfrider Foundation Hawaiʻi Region, and Waikīkī Beach Special Improvement District Association.

     Your Committee finds that sea level rise poses a serious and imminent threat to the State's coastal communities and natural resources, primarily beaches and coastal ecosystems.  Your Committee further finds that existing law does not recognize certain beneficial projects as beach restoration.  Accordingly, this measure recognizes other types of activities as restorative and beneficial to beach lands to support proactive and ongoing care for the State's beaches.

     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 S.B. No. 1456 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

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