HOUSE OF REPRESENTATIVES

H.B. NO.

1512

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Powers of the lieutenant governor.

 

 

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

 


SECTION 1. The legislature finds that the temperature of the Earth's surface has increased over the past century and that eleven out of the twelve warmest years on record have occurred after 2001. The legislature further finds that 2012 was the warmest year on record for the forty-nine continental states of the United States and that, in Hawaii, warming has contributed to increased air temperature, decreased rainfall and streamflow, increased rainfall intensity, acidification of the oceans, increased ocean temperature, and a rise in sea level. Scientists predict that, as the climate continues to change, Hawaii will experience more consequences of altered weather patterns and higher sea levels. This will impact Hawaii's land ecosystems, marine ecology, and coastal communities.

The legislature also finds that the sea level has risen in Hawaii at a rate of approximately .06 inches per decade over the past century. Worldwide, the rate of sea level rise has doubled since 1990. Long term sea level rise has contributed to, and will continue to contribute to, ongoing coastal erosion, coastal flooding, and drainage problems. Although waves, currents, and human activities are the principal cause of erosion, a rise in sea level accelerates and expands erosion, impacting beaches that were once stable and affecting developed communities that rely on their beaches as a protective buffer from the sea.

Research predicts that sea levels may rise one foot above the 2011 level by 2050. As a result, it is critical for the State and counties to recognize this growing threat to the State's communities and to incorporate the predicted increase in sea level into plans for future development. Thirteen states, including California and Washington, have passed legislation to require planners to take a rise in sea level into account when planning for future development. In addition, the Center for Island Climate Adaptation and Policy at the University of Hawaii has strongly recommended that Hawaii benchmark future development requirements to reflect the predicted rise in sea level.

The legislature finds that strong leadership from the State is needed to ensure the effective coordination of efforts of state and county agencies, landowners, the University of Hawaii, and environmental groups in incorporating the predicted rise in sea level when planning for future land development.

The purpose of this Act is to require the office of the lieutenant governor to coordinate public and private sector resources and develop a strategic plan for directing statewide growth that takes into account a predicted sea level rise in 2050 to one foot above the current sea level and any resultant climate change.

SECTION 2. Section 26-1, Hawaii Revised Statutes, is amended to read as follows:

"26-1 Office of the lieutenant governor. (a) Except as otherwise provided by law, the lieutenant governor is designated the secretary of state for intergovernmental relations and shall perform the duties and functions heretofore exercised by the secretary of Hawaii. The duties and functions shall include, but not be limited to, recordation of all legislative and gubernatorial acts, certification of state documents, and maintenance of an official file of rules adopted by state departments as provided in chapter 91. The lieutenant governor may employ staff as necessary without regard to chapter 76.

(b) The lieutenant governor, with the approval of the governor, may designate some other officer of the government of the State to authenticate documents on behalf of the lieutenant governor during the lieutenant governor's temporary absence outside the State or during the lieutenant governor's illness whenever the documents require the signature of the lieutenant governor. The person shall affix the person's own signature to the document with the words, "for the lieutenant governor" following and the signature shall be deemed to satisfy the requirement of the lieutenant governor's signature on the document. The designation and approval shall be in writing and shall be filed in the office of the governor and a copy thereof, certified by the governor, shall be filed with the public archives. The person so designated shall serve without additional compensation and the lieutenant governor shall be responsible and liable on the lieutenant governor's official bond for all acts done by the person so designated in the performance of the duties on behalf of the lieutenant governor.

(c) Nothing in this section shall be construed to authorize the person to exercise and discharge the powers and duties of the office of the governor as provided by the first paragraph of Article V, section 4, of the Constitution of the State. The person shall not be authorized to exercise any powers whenever a successor to the lieutenant governor assumes the duties of the lieutenant governor pursuant to Article V, section 4, of the Constitution.

(d) In addition to the functions and duties provided by law, the lieutenant governor shall assume administrative responsibility for the office of information practices.

(e) The governor shall identify and direct other duties as necessary to the lieutenant governor.

(f) A lieutenant governor whose legal residence is on an island other than Oahu and who is required to remain away from the island of the lieutenant governor's legal residence but within the State overnight or longer while on official business shall receive an allowance to cover personal expenses such as board, lodging, and incidental expenses. The allowance authorized under this subsection shall be set at a daily single rate to be determined by a joint agreement between the senate president and speaker of the house of representatives. This rate shall:

(1) Not exceed the greater of the maximum allowance for such expenses payable to any public officer or employee of the State; and

(2) Be reasonably calculated to cover the expenses specified in this subsection.

(g) The allowance authorized under subsection (f) shall be in addition to and shall not supplant any portion of the salary of the lieutenant governor determined pursuant to section 26-51. The allowance shall be paid out of any available appropriation made by the legislature for expenses, other than the salary, of the lieutenant governor.

(h) The lieutenant governor shall coordinate public and private sector resources and develop a strategic plan for directing statewide growth and development that takes into account a predicted sea level rise in 2050 to one foot above the current sea level and any resultant climate change."

SECTION 3. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Climate Change; Sea Level Rise

 

Description:

Requires the lieutenant governor to develop a strategic plan for directing statewide growth and development that takes into account a predicted sea level rise in 2050 to 1 foot above the current sea level and any resultant climate change.

 

 

 

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