STAND. COM. REP. NO.2681

Honolulu, Hawaii

, 2002

RE: S.B. No. 2008

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred S.B. No. 2008 entitled:

"A BILL FOR AN ACT RELATING TO ACCRETED LANDS,"

begs leave to report as follows:

The purpose of this measure is to clarify the accreted lands law by:

(1) Defining "accreted lands";

(2) Including accreted lands in the definition of "public lands"; and

(3) Requiring that accreted lands along the ocean shall be state lands, except land accreted within established private property lines that restores eroded areas, provided that these lands shall be considered in the conservation district unless otherwise determined by the state land use commission.

Testimony in support of this measure was received from Life of the Land and six individuals. The Department of Land and Natural Resources testified in opposition. The City and County of Honolulu Department of Planning and Permitting and one individual submitted comments.

Your Committee has heard that the State's accretion law, although well intended, has allowed private parties to claim accreted lands on beachfront properties, thus depriving the public of the right to use and enjoy such lands. The problem is further enhanced because the shoreline changes often, both by natural actions, and as the result of seawalls and other structures built to control the natural erosion and other shifts in the shoreline and the vegetation line.

Your Committee is supportive of these efforts to reserve and protect accreted lands for public use. Your Committee understands that the parties have been working to develop an amended draft of this measure, but that a Deputy Attorney General has raised concerns regarding the proposed changes. However, your Committee has not received any specific requests for changes.

Accordingly, your Committee has amended this measure to incorporate changes developed by the interested parties, by:

(1) Deleting the exception for accumulation within private property lines in the definition of "accreted lands";

(2) Requiring the Office of Environmental Quality Control to inform the public of any application for the registration of accreted land along the ocean filed with the land court; and

(3) Deleting the land use commission's authority to designate accreted lands as other than conservation.

In addition, your Committee has heard S.B. No. 2806, which is also an accreted lands bill, although one with a more focused intent. After careful consideration, your Committee has approved both measures for the purposes of continuing discussion.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2008, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2008, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, Energy and Environment,

____________________________

LORRAINE R. INOUYE, Chair