SB 751: RELATING TO MARINA RESTORATION.

A BILL FOR AN ACT

relating to marina restoration.

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

     SECTION 1.  The legislature finds that the Lahaina wildfires of 2023 caused devastating damage to the historic district of Lahaina, including properties along the oceanfront of Front street.  This area, renowned for its cultural and historical significance, has long been a hub for maritime activities and tourism.  Restoring the historic marinas along Front street is essential for maintaining Lahaina's historic district designation, revitalizing its economic and cultural vibrancy, and honoring the community's deep connection to its maritime heritage.

     The purpose of this Act is to create a framework for the department of land and natural resources to authorize leases of fast lands and submerged lands following a disaster.

     SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§200-     Restoration of historical marinas.  (a)  Notwithstanding any law to the contrary, the board may authorize the lease of fast lands and submerged lands adjacent to properties located along the ocean side of any street having  structures that were destroyed by an event triggering a presidential disaster declaration; provided that the:

     (1)  Reconstruction relating to the lease of the fast lands or submerged lands begins within five years of the date of the disaster; and

     (2)  Reconstructed structure is not larger than what the destroyed or permitted structure was immediately prior to the event triggering the presidential disaster declaration.

     (b)  The permissible uses under any lease disposed of under this section shall be limited to the reconstruction, operation, and maintenance of historical marina structures consistent with the maritime and cultural heritage of the area.  Permissible uses shall:

     (1)  Support the preservation of the district designation, if any;

     (2)  Complement or promote the economic revitalization, cultural preservation, and related recreational and cultural activities of the area; and

     (3)  Be consistent with community goals, including environmental sustainability and cultural preservation.

     (c)  Any lease authorized under this section shall:

     (1)  Not exceed a term of sixty-five years, including any extensions;

     (2)  Require lessees to restore structures to reflect the pre-disaster historical run order of marinas and buildings in the area; and

     (3)  Ensure environmental compliance and alignment with community preservation objectives.

     (d)  Revenues derived from leases under this section shall be deposited into the boating special fund and allocated for the ongoing maintenance and enhancement of the marina and area.

     (e)  The department shall adopt rules in accordance with chapter 91 to implement this section, including:

     (1)  Criteria for approving lease proposals that prioritize cultural and historical restoration;

     (2)  Standards for ensuring architectural integrity and environmental sustainability; and

     (3)  Provisions to ensure public access and community benefit."

     SECTION 3.  Section 200-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any law to the contrary, the board may lease fast lands and submerged lands within an existing state boating facility by public auction, a request for proposals, or by direct negotiation pursuant to section 171-59 and chapter 190D, for private development, management, and operation; provided that any lease of fast lands or submerged lands pursuant to a request for proposals shall be subject to section 200-2.6[,] and 200-   , regardless to which state boating facility the fast or submerged lands are attached.

     As used in this section, the term "state boating facility" means a state small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or any other area under the jurisdiction of the department pursuant to this chapter."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

DLNR; Historical Marina Restoration; Disaster; Wildfire; Maui

Description:

Establishes a procedure for the Board of Land and Natural Resources to lease fast lands and submerged lands that were destroyed by an event triggering a Presidential Disaster Declaration.

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