RELATING TO COASTAL ZONE MANAGEMENT.

SB3033

THE SENATE

S.B. NO.

3033

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to coastal zone management
.

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 accelerating coastal erosion, sea level rise, storm
intensity, and high-energy wave events pose significant and increasing threats
to structures along vulnerable shorelines in the state.
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These threats can create immediate and
foreseeable hazards to public health and safety, including the risk of sudden
structural failure, dangerous debris falling onto public beaches, exposure of
wastewater infrastructure, and obstruction of lateral beach access relied upon
by public and emergency responders.

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The legislature further finds that the
members of the public who use public beaches for recreation are often highly
aware of the condition of structures along the shoreline that are imminently
threatened and can provide valuable insights to regulatory agencies to help
avoid catastrophic collapse.
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The
legislature believes that proactive assessment and remedial action by agencies
and structure owners can best minimize and prevent the dangers to health and
safety from, and the economic costs of, the collapse of imminently threatened
beach structures.

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Accordingly, the purpose of this Act is to
establish a process for the public, state and county agencies, and owners of
beach structures to identify, assess, and mitigate risk in advance of the
collapse of structures that may endanger public health, safety, and welfare, and
damage public beaches.

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SECTION 2.
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Chapter 205A, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:

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"
�205A-
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Imminently threatened beach structure;
petition; determination.
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(a)
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Any person may submit a petition to the
public advisory board requesting a review of the integrity of a beach structure
that appears imminently threatened.
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The
petition shall include:

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(1)
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The
applicable tax map key;

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(2)
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The
description and documentation of any hazardous conditions; and

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(3)
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Any
other relevant information.

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(b)
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The public advisory board shall:

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(1)
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Acknowledge
in writing the receipt of any petition submitted pursuant to subsection (a);

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(2)
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Notify
in writing the owner of the beach structure concerning the submission of the
petition; and

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(3)
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Initiate
a review of the integrity of the beach structure within thirty days of receipt
of the petition.

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(c)
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Each review of the integrity of a beach structure shall be completed
within one hundred twenty days of the receipt of the petition.
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A copy of the review shall be distributed to
the petitioner, owner of the beach structure, and the lead agency.

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(d)
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If the lead agency determines that a beach structure is imminently
threatened, the lead agency shall request that the county agency order the
owner of the imminently threatened beach structure to, as necessary:

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(1)
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Remove
or demolish any portion of the beach structure that poses a risk to public
health, safety, welfare, or the public beach;

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(2)
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Secure,
remove, or remediate exposed wastewater or other infrastructure;

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(3)
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Implement
temporary safety measures to protect the public health, safety, and welfare,
where immediate removal is not feasible; and

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(4)
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Provide
a long-term plan for how to prevent further danger from any remaining portion
of the beach structure.

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(e)
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For the purposes of this section:

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"Beach structure" includes but
is not limited to a building, a foundation, walls, seawalls, decks, cesspools
or septic systems, plumbing systems, or electrical systems, any portion of
which is within the boundaries of a public beach.

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"Imminently threatened" means
likely to be undermined, be destabilized, or collapse onto the beach within two
years due to past, ongoing, or projected coastal hazards.
"

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

OPSD;
Coastal Zone Management; Imminently Threatened Beach Structures; Beach
Structure Owners; Public Advisory Board; Petition; Review

Description:

Allows
public petition to the Public Advisory Board for review of the integrity of
beach structures.
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Requires the Office of
Planning and Sustainable Development to request the applicable county agency to
order the owner of any beach structure determined to be imminently threatened
to resolve, mitigate, and plan for the harmful effects of the beach structure.

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