Report Title:

Kakaako Residential Building Moratorium

Description:

Prohibits the HCDA from developing or constructing residential structures at the Kakaako District makai of Ala Moana Boulevard until a tsunami risk assessment has been completed analyzing the risks and returns of further residential development at this location.

THE SENATE

S.B. NO.

1607

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to kakaako district residential development.

 

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

SECTION 1. The legislature acknowledges that on December 26, 2004, the most destructive tsunami in modern times struck the coast of a dozen Asian countries causing the deaths of over 212,000 people. In light of this tragedy, the legislature declares that it is time to place tsunami preparedness on the forefront of policy issues and that proactive attention must be given to the tsunami threat on the Hawaiian Islands.

Because of Hawaii's unique location in the middle of the Pacific Ocean, our islands stand threatened by natural disasters of this sort. Whether caused by distant earthquakes, local seismic activity, submarine landslides, or volcanic activity, a clear and present danger exists.

Though every shore of this State is threatened, a unique risk exists at the Kakaako District because development pressures potentially place residents, tourists, and property at risk of a tsunami.

The purpose of this Act is to place a moratorium upon the development and construction of residential structures makai of Ala Moana Boulevard at the Kakaako District until a tsunami risk assessment is completed. This risk assessment shall investigate, weight, and analyze the risks and benefits of residential development at the Kakaako District after enactment of this Act.

SECTION 2. Notwithstanding any law to the contrary, there is established a moratorium commencing on the effective date of this Act on the development or construction of any residential dwelling units makai of Ala Moana Boulevard at the Kakaako District, which is maintained by the Hawaii Community Development Authority. For purposes of this Act, "residential dwelling unit" means a structure, or part of a structure, which is used as a home or residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of others.

The tsunami risk assessment shall investigate the potential tsunami threat to any potential residential development makai of Ala Moana Boulevard based on the following nonexclusive factors:

(1) The likelihood of substantial bodily harm or death to residences that would result from a tsunami on this property;

(2) The purported designs of any residential structures that may take into account, among other things, the elevation of the dwelling units;

(3) The engineering of any residential structures that may take into account the force of tsunami waves;

(4) The cost of property damage that may occur in the event of a tsunami;

(5) The likelihood of tsunami activity based on the property's location;

(6) The requirements from local, state, and federal authority with regard to tsunami threat zones and evacuation plans; and

(7) Any other factors that the Hawaii Community Development Authority may require to carry out the purpose of this Act.

The tsunami risk assessment shall conclude within one year from the inception of the investigation. After the conclusion of the risk assessment, the investigators shall cause to be delivered to the Hawaii Community Development Authority and to the legislature, a written report setting forth its findings, the bases for its findings, and its recommendation that the Kakaako District property makai of Ala Moana Boulevard is, either, safe or unsafe for residential development.

Should it be determined that residential development is safe, the legislature shall pass a law lifting the moratorium on residential development and the Hawaii Community Development Authority may pursue residential development at its discretion.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

 

INTRODUCED BY:

 

_____________________________