RELATING TO ADAPTATION PATHWAYS PLANNING.

HB314

HOUSE OF REPRESENTATIVES

H.B. NO.

314

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 1.
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The legislature finds that the threat of sea
level rise and associated coastal hazards is well-documented and already
impacting 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 threaten the natural and
built environment and will harm numerous sectors of the islands'
economies.
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A variety of strategies are
required to mitigate the effects of climate change and require thoughtful,
community-engaged location-based planning and consideration to achieve desired
results.
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The legislature aims to support
and safeguard vulnerable communities and to protect and conserve public trust
resources, including sandy beaches and dune systems.
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Sandy beaches and dune systems provide a critical
natural defense against the impacts of sea level rise and associated coastal
hazards, while also being a resource for public use and enjoyment, cultural
importance, and ecosystem services.

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The
legislature further finds that adaptation to sea level rise and coastal hazards
is best achieved via adaptation pathways with triggers for successive
adaptation measures over time.
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It is in
the public interest that state and county governments engage in collaborative,
holistic, location-specific adaptation planning, which may include the
modification of, and ultimate relocation of, private and public development and
infrastructure away from areas that are or will be critically damaged by
coastal hazards, including coastal erosion and flooding associated with sea
level rise.
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Areas of particular concern
are those with high ecosystem, cultural, and public recreational resource
value.

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In
recognition of the need for a coordinated approach to climate mitigation and
adaptation planning, the legislature established the Hawaii climate change
mitigation and adaptation commission (commission) to be a coordinating body
that establishes climate change mitigation and adaptation strategies and goals.
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The commission also provides policy
direction, facilitation, coordination and planning amongst county, state, and
federal agencies and other partners as appropriate among the various state and
county departments and agencies.

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The
purpose of this Act is to require the commission to develop a framework for and
engage in long-term adaptation pathways planning together with affected
communities, to facilitate natural resource conservation, limit damage to
public and private development, and reduce cost to taxpayers for impacts
associated with sea level rise and associated coastal hazards by:

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(1)
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Requiring the commission to develop a
strategy and framework for collaborative governance to prepare adaptation
pathways plans;

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(2)
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Requiring the commission to coordinate
the preparation of plans to facilitate implementation of adaptation measures,
including the modification and relocation of development and infrastructure
away from certain high-risk areas; and

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(3)
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Requiring the appropriate state and
county agencies with representation on the commission to implement the
adaptation pathways plans developed by the commission.

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SECTION
2.
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Chapter 225P, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:

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"
�225P-
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Sea level rise adaptation pathways
planning.
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(a)
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The commission, in cooperation with the
appropriate state and county agencies, shall prepare and periodically revise regional-scale
adaptation pathways plans to facilitate the 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 erosion, and the restoration or remediation of the shoreline and
surrounding coastal area, where appropriate.

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(b)
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The commission shall:

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(1)
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Develop a framework and process for the
assessment of locations and implementation of adaptation pathways plans;

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(2)
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Identify communities and coastal
lands that are critically threatened by sea level rise and possess high natural
and community resource value appropriate for adaptation; and

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(3)
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Initiate preparation of one regional
sea level rise adaptation pathways plan for each county; provided that the
locations for these plans shall be determined:

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(A)
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Jointly by the commission in
coordination with community input following the framework established by the
commission; and

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(B)
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Based on the severity of the threat
of coastal erosion and flooding caused by sea level rise to development and
natural resources, capacity to respond to the threat, ownership demographics,
and zoning classification;

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(4)
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Finalize the process for assessment
and implementation of adaptation pathways plans before December 31, 2026; and

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(5)
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Complete at least one regional plan for
each county before December 31, 2030.

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(c)
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The commission shall develop adaptation
pathways plans:

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(1)
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At a regional scale as recommended
by the methods of the regional shoreline management study conducted by the
office of planning and sustainable development; and

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(2)
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Specific to an individual location,
considering factors including but not limited to, the shoreline type and
natural resource value, coastal processes and documented and projected erosion
rates, coastal flooding, and groundwater inundation.

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(d)
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Adaptation pathways plans shall include
adaptation measures, which may result in:

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(1)
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The relocation of development once
adaptation triggers are reached or exceeded; and

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(2)
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The restoration and remediation of
the shoreline and surrounding coastal areas, as appropriate, after the removal
of structures and materials.

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(e)
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In preparing plans pursuant to this section,
the commission:

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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 relocation or physical alteration of development, cost-benefit
analysis for project viability, and engineering studies; and

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

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(2)
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Shall engage in culturally-informed
community-engaged planning to determine the appropriate adaptation actions and
triggers for implementation on a regional scale;

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(3)
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Shall consider state and county
climate adaptation plans;

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(4)
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Shall ensure that any adaptation
pathways plan aligns with the objectives of state and county hazard mitigation
plans and county general and community plans; and

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(5)
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Shall ensure that any armoring on
sandy beaches to prevent the loss of critical public-infrastructure be time limited.

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(f)
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Relevant state and county agencies that shall
participate in the adaptation pathways planning process include but are not
limited to the:

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(1)
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Department of land and natural
resources;

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(2)
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Office of planning and sustainable
development;

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(3)
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Department of Hawaiian home lands;

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(4)
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Department of transportation;

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(5)
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Hawaii tourism authority; and

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(6)
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County planning agencies identified
in chapter 205A.

The
adaptation pathways plans shall be cooperatively implemented by the appropriate
state and county agencies with land management authority at each location.

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(g)
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The department of land and natural resources
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 section.

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(h)
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The county planning authorities, as
identified in chapter 205A, shall enforce shoreline setbacks, control
development within the special management areas, and enforce building ordinances
in implementing the adaptation pathways plans prepared pursuant to this
section.
"

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SECTION
3.
�
Section 225P-2, Hawaii Revised
Statutes, is amended by adding four new definitions to be appropriately
inserted and to read as follows:

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"
"Adaptation
measure" means an individual action, including nature-based measures,
flood-proofing, building elevation or reengineering, armoring, zoning changes,
relocation to areas outside the sea level rise exposure area, and other actions
in response to actual or anticipated damage caused by coastal erosion,
flooding, groundwater inundation, and other hazards associated with sea level
rise.

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"Adaptation
pathway" means a collection of adaptation measures to be implemented
sequentially in response to adaptation triggers intended to conserve and
protect natural resources and lower risk of damage and loss due to progressive
sea level rise over time.

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

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"Adaptation
trigger" means a predetermined condition that specifies when an adaptation
measure is to be implemented in response to, or in anticipation of,
environmental, structural, or natural resource damage impacts.
"

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SECTION
4.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of $2,000,000 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 Hawaii
climate change mitigation and adaptation commission to develop adaptation
pathways plans.

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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
5.
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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
6.
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New statutory material is
underscored.

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SECTION
7.
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This Act shall take effect on July 1,
2025.

INTRODUCED BY:

_____________________________

Report Title:

Hawaii
Climate Change Mitigation and Adaptation Commission; Adaptation Pathways;
Adaptation Planning for Residential, Commercial, Industrial, and Resort
Shoreline Development; Sea Level Rise Exposure Area; Appropriations

Description:

Requires
the Hawaii Climate Change Mitigation and Adaptation Commission to develop
adaptation pathways plans to modify and relocate development and associated
infrastructure away from critically vulnerable areas to locations outside of
sea level rise and coastal flooding exposure area.
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Appropriates funds.

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