RELATING TO COASTAL RESILIENCE.

HB2490

HOUSE OF REPRESENTATIVES

H.B. NO.

2490

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to coastal resilience
.

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

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SECTION 1.
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The legislature finds that coastal erosion
threatens the State's economic, natural, cultural, and spiritual assets.
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Mantokuji bay, Paia, in the county of Maui,
exemplifies the threat and urgency of developing effective coastal management
strategies.
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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.
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The bay once sustained a
balanced coastal ecosystem including sand dunes, rocky shoreline, coral reef
structure, and habitat for endangered Hawaiian green sea turtles.

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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.
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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.

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The
legislature notes that the most significant of the threatened cultural
resources along the bay is the Paia Mantokuji, a Soto Zen Buddhist temple.
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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.
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The temple hosts
one of the State's most popular annual Obon festivals, drawing thousands of
visitors.
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The temple grounds contain
sacred burial sites including a former crematorium and numerous ancestral
remains.
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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.
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The bay also buffers the Hana highway, the
major transportation corridor for northeast Maui communities, from coastal
hazards.

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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.
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Past county sand mining in Mantokuji bay
further contributed to current conditions.
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Effective protection requires addressing the
entire bay as a natural coastal cell for specific regional coastal remediation.
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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.

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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.

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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.

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SECTION 2.
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(a)
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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.
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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.
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(b)
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The pilot program shall establish a
monitoring program in a manner specified by the department to evaluate its
efficacy and environmental impacts.

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

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

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(2)
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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

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

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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.

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(d)
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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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(3)
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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

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

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(g)
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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.
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Each report shall include:

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(1)
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A status report for the pilot program;

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

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(3)
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Budget expenditures; and

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(4)
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Any other findings and recommendations,
including any proposed legislation.
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(h)
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For the purposes of this section:

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

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

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

INTRODUCED BY:

_____________________________

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.
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Exempts the Pilot Program from certain
regulatory requirements.
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Requires the
State Historic Preservation Division to conduct a streamlined historic
preservation review.
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Requires annual
reports to the Legislature.
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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.