RELATING TO ADAPTATION PATHWAYS PLANNING.

HB1245

HOUSE OF REPRESENTATIVES

H.B. NO.

1245

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO ADAPTATION PATHWAYS PLANNING
.

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

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SECTION l.
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The
legislature finds that the threat of sea level rise and associated coastal
hazards is well documented and already affecting various locations throughout
the State.
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The 2023 National Climate
Assessment states that for Hawaii and the United States-Affiliated Pacific
Islands, climate change, particularly sea level rise, will continue to
adversely affect the built environment and will harm numerous sectors of the
islands' economies.
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The strategies
required to address the emerging threat are not uniform and require thoughtful,
community-engaged, location-based planning and consideration to be most
effective.

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The legislature seeks to support and
safeguard vulnerable communities and to protect and conserve public trust
resources, such as sandy beaches and dune systems, which are valuable for their
cultural importance and ecosystem role, from the impacts of sea level
rise.
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The legislature further finds that
adaptation to sea level rise and coastal hazards is best accomplished via
adaptation pathways with triggers for successive adaptation actions over time.
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These adaptation pathways may include
intermediate actions taken as part of a phased approach to provide time for
planning and implementation of endpoint actions, which may include relocation
of public and private infrastructure away from the shoreline, where
appropriate.

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The legislature recognizes that in 2019,
the office of planning and sustainable development's coastal zone management
program completed a study titled "Assessing the Feasibility and
Implications of Managed Retreat Strategies for Vulnerable Coastal Communities
in Hawai
ʻ
i".
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The legislature additionally finds that the office of planning and
sustainable development is currently using funding from the federal government
to study policy and economic solutions to encourage relocation away from
coastal hazards in response to the findings of that study.
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The legislature strives to preserve natural
resources and support individuals and communities in adapting to sea level rise
and coastal hazards.

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The legislature further finds that it is in
the public interest for the state and county governments to engage in holistic,
location-specific adaptation planning, which may include the modification and
ultimate relocation of private and public infrastructure away from areas that
are critically impacted by coastal hazards, including coastal erosion and
flooding, particularly areas with high natural-ecosystem, cultural, and
public-recreational resource value and to reduce danger to life and property
from coastal hazards.

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Furthermore, the legislature finds that the
authority and jurisdiction to manage and regulate development within the
shoreline setback and special management areas lie with the counties, and the
authority and jurisdiction to manage land and regulate land use makai of the
shoreline lie with the department of land and natural resources.
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The legislature finds that it is the policy
of the State that as the shoreline migrates inland with sea level rise,
ownership of the land in the shoreline area transfers to the State.
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Therefore, the State, through the powers of
the department of land and natural resources, has a vested interest in planning
for sea level rise in a way that protects natural resources for future
generations.

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Thus, the purpose of this Act is to enable
and encourage state and county agencies to engage in and implement long-term
adaptation pathways planning, together with affected communities, to facilitate
natural-resource conservation and reduce the loss of public and private
infrastructure to damage associated with sea level rise and flooding by:

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(1)
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Requiring
the department of land and natural resources, in coordination with appropriate
state and county agencies, to prepare plans to facilitate implementation of
adaptation measures, including modification and ultimate relocation of
development and infrastructure away from certain at-risk areas; and

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(2)
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Appropriating
funds for this purpose.

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SECTION 2.
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Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to
be appropriately designated and to read as follows:

"
Part
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ADAPTATION
PATHWAYS PLANNING IN SEA LEVEL RISE EXPOSURE AREAS INVOLVING STATE LANDS

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�171-

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Definitions.
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As used in this part:

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"Adaptation pathways" means a
collection of measures, including elevating and floodproofing infrastructure,
armoring, zoning, and relocation, needed to lower the risk of flooding and loss
due to the sea level rising progressively over time.

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"Adaptation pathways plan" means
a plan outlining the adaptation pathways appropriate for a specific region, or
individual parcel within a region, with environmental triggers
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or infrastructure damage triggers for the
implementation of individual measures identified within the adaptation
pathways.

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�171-

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General powers.
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(a)
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In
carrying out their duties under this part, the board and department may do all
things necessary, useful, and convenient in connection with the development and
implementation of adaptation pathways plans for residential and resort
development and associated public utilities and infrastructure in cooperation
with relevant state and county agencies.

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(b)
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The adaptation pathways may include measures such as elevation and
reengineering of development to accommodate occasional flooding and the
advancing shoreline, along with a land disposition to partially and temporarily
occupy state land, other accommodation measures, ultimate relocation from
locations that are or will be critically threatened by impacts related to
climate change and sea level rise, and restoration or remediation of the
shoreline after removal of structures and removal.

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�171-

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Sea level rise adaptation pathways plan.
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(a)
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The department, in cooperation with appropriate state and county
agencies, shall prepare and, from time to time, revise regional-scale
adaptation pathways plans for the implementation of a program to facilitate
adaptation of vulnerable private residential, commercial, industrial, and
resort development and associated public infrastructure to the impacts of sea
level rise and associated flooding and the restoration or remediation of the
shoreline where necessary.

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(b)
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Adaptation pathways plans shall be developed at a regional scale,
including but not limited to an ahupuaa, and shall be specific to individual
locations, taking into account factors including but not limited to shoreline
type, coastal processes, and documented and predicted erosion rates and coastal
flooding.

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Adaptation may include accommodation
measures, such as elevating and floodproofing infrastructure, armoring to
prevent loss of public infrastructure, restoration of natural dunes and
shoreline ecosystems, and relocation of infrastructure away from areas that are
critically threatened by coastal erosion and flooding with sea level rise to
areas outside the sea level rise exposure area, as designated by the Hawaii climate
change mitigation and adaptation commission and special flood hazard areas.

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(c)
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Adaptation pathways plans developed pursuant to this part may
incorporate proposed time-limited land dispositions in the adaptation pathways
for a habitable structure that is proposed to be modified to withstand
occasional flooding with sea level rise and temporarily occupy private land and
state-owned land makai of the shoreline.
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These modifications shall:

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(1)
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Be
shown to have a minimal impact on natural shoreline processes, coastal and
cultural resources, and public shoreline safety and access; and

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(2)
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Include
a proposed timeline and environmental triggers for the ultimate removal of
development from the shoreline and remediation or restoration of the land.

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(d)
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Adaptation pathways plans developed pursuant to this part shall guide
the department, along with appropriate state and county agencies, in
identifying and prioritizing:

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(1)
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Adaptation
actions and triggers for actions that are appropriate to the individual
location, including but not limited to modification and relocation of private
development and associated public utilities and infrastructure; and

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(2)
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Coastal
lands that are critically threatened by coastal erosion and sea level rise and
have high natural and community resource values appropriate for adaptation and
ultimate relocation of structures with the overall purpose of natural resource
restoration and conservation.

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(e)
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In preparing adaptation pathways plans pursuant to this part, the
department, in coordination with relevant state and county agencies:

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(1)
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May
use or conduct studies:

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(A)
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Necessary
to support the development of adaptation pathways plans, including the
development of regional studies pertaining to the relocation or physical
alteration of development, a cost-benefit analysis of project viability, and
engineering studies; and

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(B)
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Pertaining
to restoration of such lands to natural conditions and for public purposes;

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(2)
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Shall
consider any plan relating to the relocation of development and restoration of
lands that has been prepared by any federal, state, county, or private agency
or entity;

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(3)
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Shall
engage in culturally-informed, community-engaged planning to determine the
appropriate adaptation actions and environmental triggers for implementation on
a regional scale;

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(4)
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Shall
incorporate state and county climate adaptation plans; and

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(5)
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Shall
ensure that any adaptation pathways plans and programs are aligned with the
objectives of state and county hazard mitigation plans and county general and
community plans.

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(f)
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The department shall enforce existing statutes and rules regarding the
use of state lands and shall exercise the authority granted to it in
implementing adaptation pathways plans prepared pursuant to this part."

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SECTION 3.
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There is appropriated out of the general revenues of the State of Hawaii
the sum of $1,000,000 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 the department of land and natural resources to identify
appropriate communities for and initiate preparation of one regional sea level
rise adaptation pathways plan per county; provided that the locations for these
plans shall be determined:

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(1)
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Jointly
by the department of land and natural resources, the respective county planning
agency, and other appropriate state agencies; and

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(2)
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Based
on the immediacy of the threat of coastal erosion and flooding caused by sea
level rise to development and natural resources, ownership demographics, and
zoning classification.

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The sums

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

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SECTION 4.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 5.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Adaptation Pathways;
Adaptation Planning for Residential and Resort Shoreline Development; Sea Level
Rise Exposure Area; Appropriations

Description:

Expands the authority of the State
and counties to develop adaptation pathways plans to modify and relocate
infrastructure away from critically threatened areas to locations outside sea
level rise and coastal flooding exposure areas.
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Appropriates funds.

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