Bill Text: HI SB2814 | 2022 | Regular Session | Amended

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Bill Title: Relating To A Coastal Zone Program.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2022-02-11 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2814 Detail]

Download: Hawaii-2022-SB2814-Amended.html

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THE SENATE	S.B. NO.	2814
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO A COASTAL ZONE PROGRAM.

 

 

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

 

     SECTION 1.  The legislature finds that the current shoreline regulatory process has become a substantial time and cost burden and obstacle to the State, counties, and private landowners.  Experiential observations over the past decade demonstrate that Hawaii's current shoreline permit system is reactive and has often become an obstacle to protecting, preserving, and restoring the State's shorelines and coastal ecosystems.  As both a time and cost obstacle, the current shoreline permit system often significantly contributes to exacerbating shoreline erosion and coastal ecosystem degradation.  The current shoreline permit process includes the environmental assessment planning process, as detailed in chapter 343, Hawaii Revised Statutes, completion of which is required prior to applying for federal, state, and county permit applications.  A Hawaii next generation coastal zone managers program can overcome these negative impacts from Hawaii's current shoreline planning process and shoreline permit system.

     The legislature further finds that developing a framework for a Hawaii next generation coastal zone managers program will have two important outcomes.  The first outcome will be a sustainable jobs program for the islands' next generation of place-based coastal zone managers, based on experiential learning and environmental literacy, with college degrees in all fields of coastal zone management, such as coastal geology, cultural resources, archaeology, ocean engineering, ecosystem services, water science, marine biology, watershed management, environmental planning, and marine education.  As the second outcome, Hawaii will have a competent cadre of place-based experts with the knowledge, skills, and abilities to adequately understand and manage the State's growing coastal zone problems in an era of sea level rise.

     The legislature further finds that implementation of a Hawaii next generation coastal zone managers program can fulfill identified state priorities.  The deliverables and outputs from such a program offer the State a programmatic framework to substantially achieve the following 2017 recommendations from the Hawaii climate change mitigation and adaptation commission:

     (1)  Recommendation 7: Develop significant and sustainable funding sources and incentives to support adaptation to sea level rise;

     (2)  Recommendation 8: Support research, assessment, and monitoring of coastal hazards and impacts to sea level rise; and

     (3)  Recommendation 9: Establish collaborative governance processes through the Hawaii climate change mitigation and adaptation commission that support a learning approach to sea level rise adaptation.

     Additionally, a Hawaii next generation coastal zone managers program supports the implementation phase (2020 to 2030) of the statewide Hawaii ocean resources management plan 2020, which is managed by the office of planning and sustainable development; as mandated by chapter 205A, Hawaii Revised Statutes, relating to coastal zone management; and supported by the council on ocean resources, which is represented by most state agencies.  The plan's implementation phase focuses on the following areas:

     (1)  Focus area 1: development and coastal hazards;

     (2)  Focus area 2: land-based pollution; and

     (3)  Focus area 3: marine ecosystems.

     Accordingly, the purpose of this Act is to establish a taskforce, managed by the office of planning and sustainable development, with assistance from an advisory group and a consultation team, to develop a programmatic framework for a Hawaii next generation coastal zone managers program as a standing, statewide-funded program whose mission shall be to better mitigate impacts to the State's coastal zone caused by sea level rise and acute coastal erosion.

     SECTION 2.  (a)  There is established within the office of planning and sustainable development a coastal zone framework-development taskforce which shall develop a programmatic framework for a Hawaii next generation coastal zone management program.  The goal of a Hawaii next generation coastal zone managers program shall be to shift from the current parcel-by-parcel shoreline planning process to a proactive, regional coastal planning approach in order to plan for and mitigate the anticipated impacts of sea level rise and coastal erosion.

     (b)  The office of planning and sustainable development shall convene the taskforce established pursuant to subsection (a), which shall consist of the following members:

     (1)  The director of the office of planning and sustainable development, or the director's designee, who shall serve as the chair;

     (2)  Two members from the office of planning and sustainable development's staff to be selected by the director of the office of planning and sustainable development and designated as the secretariat resource persons; provided that one of the two persons shall manage the budget and project plan;

     (3)  The chairperson of the board of land and natural resources, or the chairperson's designee;

     (4)  One member representing the Hawaii climate change mitigation and adaptation commission, to be selected by the commission;

     (5)  A representative from each of the county planning departments, to be selected by the directors of the respective departments;

     (6)  At least three place-based planners each representing Molokai, Lanai, and the Kona area of Hawaii island, to be appointed by the mayor of the respective county;

     (7)  At least two members representing the University of Hawaii system, to be selected by the president of the University of Hawaii; and

     (8)  Two members representing the University of Hawaii sea grant college program, to be selected by the president of the University of Hawaii;

provided that the office of planning and sustainable development shall hire or appoint at least one additional staff person to serve as a taskforce member and shall assist the taskforce to organize the project, manage tasks, produce outreach materials, conduct outreach activities, and assist in production of the taskforce's deliverables.

     (c)  In developing the framework required by subsection (a), the taskforce shall engage a framework-development advisory group to be composed of subject-matter experts and sector representatives.  The taskforce shall recommend subject-matter experts and sector representatives who shall be invited to serve as volunteers on the advisory group.  The advisory group shall be composed of diverse, experienced, and interested persons from sectors underrepresented by the members of the taskforce, including members from the public, private, academic, and nonprofit sectors and other relevant organizations, as well as community, cultural, and next generation representatives.  The advisory group shall serve in an expert and advisory capacity only and shall not provide oversight to the work of the taskforce.  The advisory group shall have the opportunity to have significant input on all aspects of the tasks and deliverables to be include in the framework.

     (d)  The taskforce shall meet no more than quarterly with members of the advisory group at a place and time to be determined by the chair of the taskforce.

     (e)  Within the first six months of the establishment of the taskforce, the office of planning and sustainable development shall develop a project scope of work and hire a team of consultants with appropriate expertise, as defined in the project scope of work.  The consultant team shall carry out the tasks and activities identified in subsections (f), (g), and (i) in order to complete the deliverables specified in subsection (h).

     (f)  The framework developed by the taskforce shall include detailed terms of reference for a proactive planning process to preserve the State's remaining coastal ecosystems while simultaneously protecting existing threatened development from coastal erosion and to overcome the following challenges:

     (1)  How to streamline and consolidate Hawaii's reactive, multi-jurisdictional, regulatory permit system while continuing to meet environmental regulations;

     (2)  How to shift Hawaii's reactive environmental assessment process, under chapter 343, Hawaii Revised Statutes, to one that is funded proactively ahead of acute or anticipated coastal erosion;

     (3)  How to enhance curriculum related to coastal zone management and recruit students at all levels to address Hawaii's lack of local, place-based experts to adequately manage the State's coastal ecosystems; and

     (4)  How to define and catalog the scope and breadth of Hawaii's "nature-based solutions", via an incipient catalog, that would become eligible for federal funding programs.

The framework shall also:

     (1)  Develop a plan to reduce the time and cost of coastal permits by approximately seventy-five per cent in order to protect at-risk and threatened shoreline development that was built thirty to fifty years ago;

     (2)  Develop a proactive planning process and electronic-permitting system that complies with all environmental rules and best-management practices as required by federal, state, and county regulations in order to protect, preserve, and where possible, restore the State's shorelines and at-risk coastal ecosystems; and

     (3)  Define the steps to create the following program outputs:

          (A)  Enhanced curriculum and training programs for bachelor's, master's, and doctoral degrees with university, community colleges, and private industry;

          (B)  A cadre of place-based science, engineering, culture, and planning experts with degrees in coastal zone management;

          (C)  Experiential learning practicums to proactively complete critical studies for at-risk coastal ecosystems; and

          (D)  Input to transparent regulatory applications and permit approval processes.

     (g)  In carrying out its responsibilities, the taskforce shall study other states' current coastal planning systems in order to understand, document, and recommend options for a state-level, proactive, shoreline-planning regulatory process.

     (h)  The scope of work for the framework shall include the following deliverables:

     (1)  A database of advisory group members and meeting agendas with attendees and products presented listed, to include presentations and minutes from meetings which summarize findings, recommendations, and actions identified;

     (2)  The terms of reference for the implementation of a future program to be named the Hawaii next generation coastal zone managers program;

     (3)  An exploratory analysis of permitting systems, including an assessment of current systems in Hawaii, and an investigation of the applicability for adaptation in Hawaii of other such systems;

     (4)  A draft multi-year education and outreach campaign strategy and database of stakeholders;

     (5)  A database of focus group and community meeting attendees and constituents, with meeting findings and recommendations reports for continued strategic engagement;

     (6)  A report on recommendations for future funding for program implementation, which shall be based on findings and outcomes from the deliverables identified in paragraphs (1) through (5), and shall include draft funding recommendations and proposed legislation required to implement key components of the proposed Hawaii next generation coastal zone managers program;

     (7)  Procurement and tracking of travel funds to meet project requirements; provided that travel funds shall be allotted for initial and follow-up focus group and community meetings throughout the State; and

     (8)  Records of procurement of funds and expenditures of local stipends related to community meetings, database of attendees, photo documentation, and meeting feedback form with collected comments.  Stipends shall be provided to designated local community liaison personnel and local community leaders who are assigned to manage, set up, advertise, and communicate about community meetings; provided that at least two student or faculty representatives per community high school shall be invited to attend each of the community meetings; provided further that stipends shall not exceed $1,500 per individual and shall be provided to not more than two individuals per focus group meeting or community meeting.

     (i)  To achieve the deliverables identified in subsection (h), the taskforce, together with the consultant team, shall convene statewide focus group meetings and community meetings in order to complete a curriculum-development strategic plan that incorporates the framework for project-based experiential-learning practicums through university-led, coastal environmental assessments.  This strategic plan shall become part of the framework, terms-of-reference deliverable.

     (j)  The taskforce shall submit the draft framework, which shall include the deliverables identified in subsection (h), findings, recommendations, and any proposed legislation to the legislature no later than November 15, 2023.  The final framework, with all deliverables, shall be submitted to the legislature no later than April 15, 2024.

     (k)  The taskforce shall be dissolved on June 30, 2024.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2022-2023 to support the Hawaii next generation coastal zone managers program established pursuant to section 2 of this Act.

     The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Coastal Erosion; Shoreline; Permits; Hawaii Next Generation Coastal Zone Managers Program; Jobs Program; Enhanced Curriculum; Taskforce; Advisory Group; Appropriation

 

Description:

Establishes, within the Office of Planning and Sustainable Development, a taskforce, advisory group, and consultant team to develop a coastal zone framework-development taskforce to develop a programmatic framework for a Hawaii next generation coastal zone management program.  Makes an appropriation.  Takes effect 7/1/2050.  (SD1)

 

 

 

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