SB 3169: Maui County; DBEDT; SHPD; Coastal Resilience Pilot Program; Historic Preservation Review; Reports

A BILL FOR AN ACT

RELATING TO COASTAL RESILIENCE.

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

     SECTION 1.  The legislature finds that coastal erosion threatens the State's economic, natural, cultural, and spiritual assets.  Mantokuji bay, Paia, in the county of Maui, exemplifies the threat and urgency of developing effective coastal management strategies.  Mantokuji bay is a natural coastal cell spanning approximately one mile of shoreline, bounded by headlands and historically featuring a wide sand beach that buffered the land from ocean forces.  The bay once sustained a balanced coastal ecosystem including sand dunes, rocky shoreline, coral reef structure, and habitat for endangered Hawaiian green sea turtles.

     The legislature further finds that county sand mining operations in the 1930s removed significant quantities of beach sand for public works projects, triggering decades of accelerated erosion that has degraded water quality, damaged coral reef ecosystems, undercut natural headland rock features, and caused the bay to widen.  According to the university of Hawaii coastal geology group, the Mantokuji bay coastline is retreating inland at an average rate of approximately 1.6 feet per year, threatening residences, infrastructure, and irreplaceable cultural sites along its shores.

     The legislature notes that the most significant of the threatened cultural resources along the bay is the Paia Mantokuji, a Soto Zen Buddhist temple.  Established in 1906, the temple is listed on the Hawaii register of historic places and is the oldest Soto Zen Buddhist temple in the State.  The temple hosts one of the State's most popular annual Obon festivals, drawing thousands of visitors.  The temple grounds contain sacred burial sites, including a former crematorium and numerous ancestral remains.  Coastal erosion has caused ancestral burials to fall into the ocean, creating an urgent cultural and spiritual crisis while threatening the temple's structural integrity.  The bay also buffers the Hana highway, the major transportation corridor for northeast Maui communities, from coastal hazards.

     The legislature additionally finds that the State's historical parcel‑by-parcel coastal management approach has prevented comprehensive regional solutions and resulted in piecemeal hardening that exacerbated regional erosion.  Past county sand mining in Mantokuji bay further contributed to current conditions.  Effective protection requires addressing the entire bay as a natural coastal cell for specific regional coastal remediation.  Coastal resilience approaches include nature-based solutions, enhancement of naturally occurring features such as headlands and reefs, hybrid natural-engineered systems, adaptive protection structures, and other innovative coastal adaptation strategies that offer opportunities to protect Mantokuji bay while maintaining environmental protection and shoreline access.

     The legislature also finds, however, that traditional regulatory processes effectively make approval of regional bay‑wide resilience solutions extremely difficult due to overlapping jurisdictions and rigid criteria not designed for comprehensive coastal management.

     Accordingly, the purpose of this Act is to establish a five-year pilot program to implement comprehensive coastal resilience measures for Mantokuji bay that use streamlined regulatory processes while maintaining environmental and cultural protections, including protections related to Native Hawaiian skeletal remains, which may later be used to inform future statewide policy for protecting threatened coastal areas.

     SECTION 2.  (a)  There is established within the department of business, economic development, and tourism a five-year coastal resilience pilot program to implement comprehensive, streamlined coastal management measures for the restoration and preservation of Mantokuji bay, Paia, in the county of Maui.  Under the pilot program, the department shall approve and implement coastal management measures that support regional coastal remediation by addressing the entirety of Mantokuji bay as a natural coastal cell, rather than individual land parcels.

     (b)  The pilot program shall establish a monitoring program in a manner specified by the department to evaluate its efficacy and environmental impacts.

     (c)  The state historic preservation division shall conduct a streamlined historic preservation review to evaluate measures approved under the pilot program.  The state historic preservation division shall require an archaeological literature review of archaeological and historical documentation for the area of potential effect and the project environment.

     (d)  The department shall coordinate with federal agencies to seek expedited review and approval of coastal management measures approved under the pilot program through consolidated applications and coordinated processes where feasible.

     (e)  Notwithstanding any provision of chapter 6E, Hawaii Revised Statutes, or chapter 13-300, Hawaii Administrative Rules, to the contrary, any Native Hawaiian skeletal remains discovered during activities conducted under the pilot program established pursuant to this Act shall be subject to the following procedures:

     (1)  Upon discovery of Native Hawaiian skeletal remains, all ground-disturbing activity within a reasonable buffer area surrounding the discovery site shall immediately cease, and the state historic preservation division and island burial council shall be notified within twenty-four hours;

     (2)  The applicant shall conduct a good-faith effort to identify lineal and cultural descendants, in consultation with the state historic preservation division, the office of Hawaiian affairs, and relevant Native Hawaiian organizations with knowledge of traditional practices and genealogical connections to the area;

     (3)  The island burial council shall determine whether the remains shall be preserved in place or relocated, following meaningful consultation with any identified lineal and cultural descendants; provided that the island burial council's determination shall give due consideration to the preferences expressed by the lineal descendants;

     (4)  The island burial council shall render its determination within forty-five days of notification, or at the next regularly scheduled meeting of the council at which a quorum is present, whichever is later; provided that the applicant and department of land and natural resources may mutually agree to a further extension of time if additional consultation with descendants or further archaeological assessment is warranted;

     (5)  All costs associated with required archaeological documentation, descendant consultation, burial treatment plans, and any mitigation measures shall be borne by the applicant; and

     (6)  No ground-disturbing activity shall resume within the buffer area established under paragraph (1) until the island burial council has rendered its determination and any required burial treatment plan has been approved by the state historic preservation division.

     (f)  Documented burials and any burials believed to be non-Native Hawaiian within the Mantokuji Soto Zen Mission cemetery shall not be subject to the requirements under subsection (e) and shall be managed in accordance with applicable department of health requirements and any other relevant state law governing established cemeteries.

     (g)  The applicant shall coordinate with the department of health regarding the identification, documentation, and treatment of any human remains from the Mantokuji Soto Zen Mission cemetery that may be encountered during pilot program activities.

     (h)  Notwithstanding any law or ordinance to the contrary, the pilot program may be exempt from:

     (1)  Chapter 183C, Hawaii Revised Statutes, relating to conservation districts;

     (2)  Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management;

     (3)  Chapter 343, Hawaii Revised Statutes, relating to environmental impact statements;

     (4)  County ordinances regulating shoreline setback and variance requirements; and

     (5)  County building permit requirements specifically related to coastal resilience structures; provided that public safety standards shall be maintained.

     (i)  Nothing in this section shall be construed to exempt the pilot program from:

     (1)  Any federal laws and regulations, including but not limited to:

          (A)  United States Army Corps of Engineers permit requirements;

          (B)  Applicable requirements pursuant to section 106 of the National Historic Preservation Act of 1966, as amended;

          (C)  Consultation requirements pursuant to the Endangered Species Act of 1973, as amended;

          (D)  Water quality certification requirements pursuant to the Clean Water Act of 1972, as amended; and

          (E)  Federal consistency review requirements pursuant to the Coastal Zone Management Act of 1992, as amended;

     (2)  Article XII, section 7, of the Hawaii State Constitution, protecting traditional and customary rights of Native Hawaiians;

     (3)  Chapter 6E, Hawaii Revised Statutes, relating to historic preservation; provided that only the streamlined historic preservation review required pursuant to subsection (c) shall apply; and

     (4)  Marine life protection laws and water quality standards.

     (j)  The department shall submit an annual report on the pilot program to the legislature no later than twenty days prior to the convening of each regular session.  Each report shall include:

     (1)  A status report for the pilot program;

     (2)  An evaluation of the efficacy of the pilot program;

     (3)  Budget expenditures; and

     (4)  Any other findings and recommendations, including any proposed legislation.

     (k)  As used in this section:

     "Applicant" means the entity authorized to conduct coastal restoration activities under the pilot program.

     "Department" means the department of business, economic development, and tourism.

     "Island burial council" means the Maui/Lanaʻi island burial council established under section 6E-43.5, Hawaii Revised Statutes, or any successor council with jurisdiction over the project area.

     "Native Hawaiian skeletal remains" means human skeletal remains or burial goods of Native Hawaiian origin, as determined by the state historic preservation division

     "Pilot program" means the coastal resilience pilot program established pursuant to subsection (a).

     SECTION 3.  This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 3005.

Report Title:

Maui County; DBEDT; SHPD; Coastal Resilience Pilot Program; Historic Preservation Review; Reports

Description:

Establishes a five-year Coastal Resilience Pilot Program within the Department of Business, Economic Development, and Tourism for the preservation of Mantokuji Bay.  Allows the pilot program to be exempt from certain regulatory requirements.  Requires the State Historic Preservation Division to conduct a streamlined historic preservation review.  Establishes certain procedures for the discovery of Native Hawaiian skeletal remains.  Requires annual reports to the Legislature.  Sunsets 6/30/3005.  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 COASTAL RESILIENCE.

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

     SECTION 1.  The legislature finds that coastal erosion threatens the State's economic, natural, cultural, and spiritual assets.  Mantokuji bay, Paia, in the county of Maui, exemplifies the threat and urgency of developing effective coastal management strategies.  Mantokuji bay is a natural coastal cell spanning approximately one mile of shoreline, bounded by headlands and historically featuring a wide sand beach that buffered the land from ocean forces.  The bay once sustained a balanced coastal ecosystem including sand dunes, rocky shoreline, coral reef structure, and habitat for endangered Hawaiian green sea turtles.

     The legislature further finds that county sand mining operations in the 1930s removed significant quantities of beach sand for public works projects, triggering decades of accelerated erosion that has degraded water quality, damaged coral reef ecosystems, undercut natural headland rock features, and caused the bay to widen.  According to the university of Hawaii Coastal Geology Group, the Mantokuji bay coastline is retreating inland at an average rate of approximately 1.6 feet per year, threatening residences, infrastructure, and irreplaceable cultural sites along its shores.

     The legislature notes that the most significant of the threatened cultural resources along the bay is the Paia Mantokuji, a Soto Zen Buddhist temple.  Established in 1906, the temple is listed on the Hawaii register of historic places and is the oldest Soto Zen Buddhist temple in the State.  The temple hosts one of the State's most popular annual Obon festivals, drawing thousands of visitors.  The temple grounds contain sacred burial sites including a former crematorium and numerous ancestral remains.  Coastal erosion has caused ancestral burials to fall into the ocean, creating an urgent cultural and spiritual crisis while threatening the temple's structural integrity.  The bay also buffers the Hana highway, the major transportation corridor for northeast Maui communities, from coastal hazards.

     The legislature finds that the State's historical parcel‑by-parcel coastal management approach has prevented comprehensive regional solutions and resulted in piecemeal hardening that has exacerbated regional erosion.  Past county sand mining in Mantokuji bay further contributed to current conditions.  Effective protection requires addressing the entire bay as a natural coastal cell for specific regional coastal remediation.  Coastal resilience approaches include nature-based solutions, enhancement of naturally occurring features such as headlands and reefs, hybrid natural-engineered systems, adaptive protection structures, and other innovative coastal adaptation strategies that offer opportunities to protect Mantokuji bay while maintaining environmental protection and shoreline access.

     The legislature further finds, however, that traditional regulatory processes effectively make approval of regional bay‑wide resilience solutions extremely difficult due to overlapping jurisdictions and rigid criteria not designed for comprehensive coastal management.

     Accordingly, the purpose of this Act is to establish a five-year pilot program to implement comprehensive coastal resilience measures for Mantokuji bay that utilize streamlined regulatory processes while maintaining environmental and cultural protections, which may later be used to inform future statewide policy for protecting threatened coastal areas.

     SECTION 2.  (a)  There is established within the department of business, economic development, and tourism a five-year coastal resilience pilot program to implement comprehensive, streamlined coastal management measures for the restoration and preservation of Mantokuji bay, Paia, in the county of Maui.  Under the pilot program, the department shall approve and implement coastal management measures that support regional coastal remediation by addressing the entirety of Mantokuji bay as a natural coastal cell, rather than individual land parcels.

     (b)  The pilot program shall establish a monitoring program in a manner specified by the department to evaluate its efficacy and environmental impacts.

     (c)  The state historic preservation division shall conduct a streamlined historic preservation review to evaluate measures approved under the pilot program.  The division shall require:

     (1)  An archaeological literature review of archaeological and historical documentation for the area of potential effect and the project environment;

     (2)  An archaeological monitoring plan providing for a qualified archaeologist to be present during ground‑disturbing activities with the authority to halt work if significant historic properties or human remains are encountered; and

     (3)  An inadvertent discovery protocol establishing procedures for the treatment of any skeletal remains, burial goods, or cultural artifacts discovered during project implementation; provided that the inadvertent discovery of any Native Hawaiian skeletal remains shall be subject to the procedures set forth in subsection (d).

     The division shall issue a determination within forty-five calendar days of receiving the documentation required pursuant to this subsection; provided that if no determination is issued within forty-five days, the pilot program may proceed in accordance with the monitoring plan and inadvertent discovery protocol submitted pursuant to paragraphs (2) and (3); provided further that any applicable requirements pursuant to section 106 of the National Historic Preservation Act of 1966, as amended, shall be satisfied before the pilot program proceeds.

     (d)  Notwithstanding any provision of chapter 6E, Hawaii Revised Statutes, or chapter 13-300, Hawaii Administrative Rules, to the contrary, any Native Hawaiian skeletal remains inadvertently discovered during activities conducted under the pilot program shall be subject to the following procedures:

     (1)  Upon discovery of Native Hawaiian skeletal remains:

          (A)  All ground-disturbing activity within a reasonable buffer area surrounding the discovery site shall immediately cease; and

          (B)  The division and island burial council shall be notified within twenty-four hours;

     (2)  The applicant shall make a good-faith effort to identify lineal and cultural descendants, in consultation with the division, office of Hawaiian affairs, and relevant Native Hawaiian organizations with knowledge of traditional practices and genealogical connections to the area;

     (3)  The island burial council shall determine whether the remains shall be preserved in place or relocated following meaningful consultation with any identified lineal and cultural descendants; provided that the island burial council's determination shall give due consideration to the preferences expressed by the lineal descendants;

     (4)  The island burial council shall render its determination within forty-five days of notification, or at the regularly scheduled meeting of the council immediately following the notification at which quorum is present, whichever is later; provided that the applicant and the department of land and natural resources may mutually agree to a further extension of time if additional consultation with descendants or further archaeological assessment is warranted;

     (5)  All costs associated with required archaeological documentation, descendant consultation, burial treatment plans, and any mitigation measures shall be borne by the applicant; and

     (6)  No ground-disturbing activity shall resume within the buffer area established pursuant to paragraph (1) until the island burial council has rendered its determination and any required burial treatment plan has been approved by the division;

provided that documented burials and any burials believed to be non-Native Hawaiian within the Matokuji Soto Zen Mission cemetery shall not be subject to the procedures set forth in this subsection and shall instead be managed in accordance with applicable department of health requirements and any other relevant state law governing established cemeteries; provided further that the applicant shall coordinate with the department of health regarding the identification, documentation, and treatment of any human remains from the established Mantokuji Soto Zen Mission cemetery that may be encountered during pilot program activities.

     (e)  The department shall coordinate with federal agencies to seek expedited review and approval of coastal management measures approved under the pilot program through consolidated applications and coordinated processes where feasible.

     (f)  Notwithstanding any law or ordinance to the contrary, the pilot program shall be exempt from:

     (1)  Chapter 183C, Hawaii Revised Statutes, relating to conservation districts;

     (2)  Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management;

     (3)  Chapter 343, Hawaii Revised Statutes, relating to environmental impact statements;

     (4)  County ordinances regulating shoreline setback and variance requirements; and

     (5)  County building permit requirements specifically related to coastal resilience structures; provided that public safety standards shall be maintained.

     (g)  Nothing in this section shall be construed to exempt the pilot program from:

     (1)  Any federal laws and regulations, including but not limited to:

          (A)  United States Army Corps of Engineers permit requirements;

          (B)  Applicable requirements pursuant to section 106 of the National Historic Preservation Act of 1966, as amended;

          (C)  Consultation requirements pursuant to the Endangered Species Act of 1973, as amended;

          (D)  Water quality certification requirements pursuant to the Clean Water Act of 1972, as amended; and

          (E)  Federal consistency review requirements pursuant to the Coastal Zone Management Act of 1972, as amended;

     (2)  Article XII, section 7, of the Hawaii State Constitution, relating to traditional and customary rights of Native Hawaiians;

     (3)  Chapter 6E, Hawaii Revised Statutes, relating to historic preservation; provided that only the streamlined historic preservation review required pursuant to subsection (c) shall apply; and

     (4)  Marine life protection laws and water quality standards.

     (h)  The department shall submit an annual report on the coastal resilience pilot program to the legislature no later than twenty days prior to the convening of each regular session.  Each report shall include:

     (1)  A status report for the pilot program;

     (2)  An evaluation of the efficacy of the pilot program;

     (3)  Budget expenditures; and

     (4)  Any other findings and recommendations, including any proposed legislation.

     (i)  For the purposes of this section:

     "Applicant" means an entity authorized to conduct coastal restoration activities under the pilot program established pursuant to subsection (a).

     "Department" means the department of business, economic development, and tourism.

     "Island burial council" means the Maui/Lanai island burial council established pursuant to section 6E-43.5, Hawaii Revised Statutes, or any successor council with jurisdiction over the project area.

     "Native Hawaiian skeletal remains" means human skeletal remains or burial goods of Native Hawaiian origin, as determined by the division.

     "Pilot program" means the coastal resilience pilot program established pursuant to subsection (a).

     "State historic preservation division" or "division" means the state historic preservation division of the department of land and natural resources.

     SECTION 3.  This Act shall take effect on July 1, 2050, and shall be repealed on July 1, 2055.

Report Title:

Maui County; DBEDT; DOH; SHPD; Island Burial Councils; Coastal Resilience Pilot Program; Historic Preservation Review; Reports

Description:

Establishes a five-year Coastal Resilience Pilot Program within the Department of Business, Economic Development, and Tourism for the preservation of Mantokuji Bay.  Exempts the Pilot Program from certain regulatory requirements.  Requires the State Historic Preservation Division to conduct a streamlined historic preservation review.  Requires the inadvertent discovery of Native Hawaiian skeletal remains to trigger certain procedures.  Requires the Pilot Program to cooperate with the Department of Health to conduct certain activities upon certain discoveries.  Requires annual reports to the Legislature.  Effective 7/1/2050.  Sunsets 7/1/2055.  (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 coastal resilience.

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

     SECTION 1.  The legislature finds that coastal erosion threatens the State's economic, natural, cultural, and spiritual assets.  Mantokuji bay, Paia, in the county of Maui, exemplifies the threat and urgency of developing effective coastal management strategies.  Mantokuji bay is a natural coastal cell spanning approximately one mile of shoreline, bounded by headlands and historically featuring a wide sand beach that buffered the land from ocean forces.  The bay once sustained a balanced coastal ecosystem including sand dunes, rocky shoreline, coral reef structure, and habitat for endangered Hawaiian green sea turtles.

     The legislature further finds that county sand mining operations in the 1930s removed significant quantities of beach sand for public works projects, triggering decades of accelerated erosion that has degraded water quality, damaged coral reef ecosystems, undercut natural headland rock features, and caused the bay to widen.  According to the university of Hawaii Coastal Geology Group, the Mantokuji bay coastline is retreating inland at an average rate of approximately 1.6 feet per year, threatening residences, infrastructure, and irreplaceable cultural sites along its shores.

     The legislature notes that the most significant of the threatened cultural resources along the bay is the Paia Mantokuji, a Soto Zen Buddhist temple.  Established in 1906, the temple is listed on the Hawaii register of historic places and is the oldest Soto Zen Buddhist temple in the State.  The temple hosts one of the State's most popular annual Obon festivals, drawing thousands of visitors.  The temple grounds contain sacred burial sites including a former crematorium and numerous ancestral remains.  Coastal erosion has caused ancestral burials to fall into the ocean, creating an urgent cultural and spiritual crisis while threatening the temple's structural integrity.  The bay also buffers the Hana highway, the major transportation corridor for northeast Maui communities, from coastal hazards.

     The legislature finds that the State's historical parcel‑by-parcel coastal management approach has prevented comprehensive regional solutions and resulted in piecemeal hardening that exacerbated regional erosion.  Past county sand mining in Mantokuji bay further contributed to current conditions.  Effective protection requires addressing the entire bay as a natural coastal cell for specific regional coastal remediation.  Coastal resilience approaches include nature-based solutions, enhancement of naturally occurring features such as headlands and reefs, hybrid natural-engineered systems, adaptive protection structures, and other innovative coastal adaptation strategies that offer opportunities to protect Mantokuji bay while maintaining environmental protection and shoreline access.

     The legislature further finds, however, that traditional regulatory processes effectively make approval of regional bay‑wide resilience solutions extremely difficult due to overlapping jurisdictions and rigid criteria not designed for comprehensive coastal management.

     Accordingly, the purpose of this Act is to establish a five-year pilot program to implement comprehensive coastal resilience measures for Mantokuji bay that utilize streamlined regulatory processes while maintaining environmental and cultural protections, which may later be used to inform future statewide policy for protecting threatened coastal areas.

     SECTION 2.  (a)  There is established within the department of business, economic development, and tourism a five-year coastal resilience pilot program to implement comprehensive, streamlined coastal management measures for the restoration and preservation of Mantokuji bay, Paia, in the county of Maui.  Under the pilot program, the department shall approve and implement coastal management measures that support regional coastal remediation by addressing the entirety of Mantokuji bay as a natural coastal cell, rather than individual land parcels. 

     (b)  The pilot program shall establish a monitoring program in a manner specified by the department to evaluate its efficacy and environmental impacts.

     (c)  The state historic preservation division shall conduct a streamlined historic preservation review to evaluate measures approved under the pilot program.  The state historic preservation division shall require:

     (1)  An archaeological literature review of archaeological and historical documentation for the area of potential effect and the project environment;

     (2)  An archaeological monitoring plan providing for a qualified archaeologist to be present during ground‑disturbing activities with the authority to halt work if significant historic properties or human remains are encountered; and

     (3)  An inadvertent discovery protocol establishing procedures for the treatment of any iwi kupuna, burial goods, or cultural artifacts discovered during project implementation.

     The state historic preservation division shall issue a determination within forty-five calendar days of receiving the documentation required pursuant to this subsection; provided that if no determination is issued within forty-five days, the pilot program may proceed in accordance with the monitoring plan and inadvertent discovery protocol submitted pursuant to paragraphs (2) and (3); provided further that any applicable requirements pursuant to section 106 of the National Historic Preservation Act of 1996, as amended, shall be satisfied before the pilot program proceeds.

     (d)  The department shall coordinate with federal agencies to seek expedited review and approval of coastal management measures approved under the pilot program through consolidated applications and coordinated processes where feasible.

     (e)  Notwithstanding any law or ordinance to the contrary, the pilot program shall be exempt from:

     (1)  Chapter 183C, Hawaii Revised Statutes, relating to conservation districts;

     (2)  Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management;

     (3)  Chapter 343, Hawaii Revised Statutes, relating to environmental impact statements;

     (4)  County ordinances regulating shoreline setback and variance requirements; and

     (5)  County building permit requirements specifically related to coastal resilience structures; provided that public safety standards shall be maintained.

     (f)  Nothing in this section shall be construed to exempt the pilot program from:

     (1)  Any federal laws and regulations, including but not limited to:

          (A)  United States Army Corps of Engineers permit requirements;

          (B)  Applicable requirements pursuant to section 106 of the National Historic Preservation Act of 1966, as amended;

          (C)  Consultation requirements pursuant to the Endangered Species Act of 1973, as amended;

          (D)  Water quality certification requirements pursuant to the Clean Water Act of 1972, as amended; and

          (E)  Federal consistency review requirements pursuant to the Coastal Zone Management Act of 1992, as amended;

     (2)  Article XII, section 7, of the Hawaii State Constitution, protecting traditional and customary rights of Native Hawaiians;

     (3)  Chapter 6E, Hawaii Revised States, relating to historic preservation; provided that only the streamlined historic preservation review required pursuant to subsection (c) shall apply; and

     (4)  Marine life protection laws and water quality standards.

     (g)  The department shall submit an annual report on the coastal resilience pilot program to the legislature no later than twenty days prior to the convening of each regular session.  Each report shall include:

     (1)  A status report for the pilot program;

     (2)  An evaluation of the efficacy of the pilot program;

     (3)  Budget expenditures; and

     (4)  Any other findings and recommendations, including any proposed legislation. 

     (h)  For the purposes of this section:

     "Department" means the department of business, economic development, and tourism.

     "Pilot program" means the coastal resilience pilot program established pursuant to subsection (a).

     SECTION 3.  This Act shall take effect on July 1, 2026, and shall be repealed on June 30, 2031.

Report Title:

Maui County; DBEDT; SHPD; Coastal Resilience Pilot Program; Historic Preservation Review; Reports

Description:

Establishes a five-year Coastal Resilience Pilot Program within the Department of Business, Economic Development, and Tourism for the preservation of Mantokuji Bay.  Exempts the Pilot Program from certain regulatory requirements.  Requires the State Historic Preservation Division to conduct a streamlined historic preservation review.  Requires annual reports to the Legislature.  Sunsets 6/30/2031.

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. 2963

Honolulu, Hawaii

RE:     S.B. No. 3169

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Economic Development and Tourism and Ways and Means, to which was referred S.B. No. 3169 entitled:

"A BILL FOR AN ACT RELATING TO COASTAL RESILIENCE,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish a five-year Coastal Resilience Pilot Program (Pilot Program) within the Department of Business, Economic Development, and Tourism for the preservation of Mantokuji Bay;

     (2)  Exempt the Pilot Program from certain regulatory requirements;

     (3)  Require the State Historic Preservation Division to conduct a streamlined historic preservation review; and

     (4)  Require annual reports to the Legislature.

     Your Committees received testimony in support of this measure from the Office of Planning and Sustainable Development; Oceanit Laboratories, Inc.; Paia Mantokuji Soto Zen Mission; and two individuals.

     Your Committees received testimony in opposition to this measure from the Maui Nui Resiliency Hui, League of Women Voters of Hawaii, and two individuals.

     Your Committees received comments on this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, and one individual.

     Your Committees find that the north shore of Maui is facing urgent and complex erosion issues which threaten the coastal environment and nearby cultural assets, including the historic Mantokuji Soto Mission in Paia and its associated cemetery.  Previous remediation efforts by individual landowners have failed to resolve the crisis because they functioned on a parcel-by-parcel basis.  Natural phenomena such as sediment transport, wave energy, and shoreline dynamics, however, do not respect property boundaries.  Therefore, comprehensive coastal resilience strategies that address natural coastal cells are necessary for effective intervention.  This measure will safeguard critical infrastructure and preserve cultural and natural resources by supporting science-based coastal erosion interventions.

     Your Committees acknowledge the concerns raised in testimony by Oceanit Laboratories, Inc. that this measure's current inadvertent discovery protocol may subject Native Hawaiian burial discoveries to an abbreviated historic review process with limited descendant and burial council involvement.  Therefore, amendments to this measure are necessary to address this matter.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying that the inadvertent discovery of Native Hawaiian skeletal remains shall not be subject to the inadvertent discovery protocol under the streamlined historic preservation review process established to evaluate measures approved under the Pilot Program;

     (2)  Inserting language that establishes procedures that the inadvertent discovery of Native Hawaiian skeletal remains during activities conducted under the Pilot Program shall be subject to;

     (3)  Requiring an entity authorized to conduct coastal restoration activities under the Pilot Program to coordinate with the Department of Health regarding the identification, documentation, and treatment of any human remains from the established Mantokuji Soto Zen Mission cemetery that may be encountered during Pilot Program activities;

     (4)  Inserting definitions of "applicant", "island burial council", "Native Hawaiian skeletal remains", and "state historic preservation division" or "division";

     (5)  Inserting an effective date of July 1, 2050, and a repeal date of July 1, 2055, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Economic Development and Tourism and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3169, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3169, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Tourism and Ways and Means,