RELATING TO MARINA RESTORATION.

SB751

THE SENATE

S.B. NO.

751

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to marina restoration
.

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 Lahaina
wildfires of 2023 caused devastating damage to the historic district of
Lahaina, including properties along the oceanfront of Front street.
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This area, renowned for its cultural and
historical significance, has long been a hub for maritime activities and
tourism.
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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.

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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.

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

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"
�200-
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Restoration
of historical marinas.
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(a)
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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
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structures that were
destroyed
by an event triggering a presidential disaster declaration
; provided that
the:

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

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

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(b)
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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.
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Permissible uses shall:

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

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

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

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(c)
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Any lease authorized under this section
shall:

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

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

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

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(d)
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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.

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

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

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

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

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

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"(a)

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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-
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,

regardless to which state boating facility the fast or submerged lands are
attached.

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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."

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

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

INTRODUCED BY:

_____________________________

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.