Urge legislators NOT TO PASS SB1296 and HB732
/April 18 update
Take action now to stop two dangerous bills that seek to fast-track coastal development when we should be more, not less, careful in protecting our vanishing beaches and vital nearshore environment.
SB1296 SD2 HD2 started as a narrow bill aimed at helping Lahaina recover. But it has morphed into something much broader and riskier. The current version would exempt disaster-damaged coastal properties—anywhere in Hawaiʻi, and even right along the shoreline—from the protections and safeguards of a Special Management Area (SMA) permit.
Many such structures could have been originally constructed prior to the existence of SMA permits, and without any regard for public beach access, shoreline erosion, runoff and wastewater discharges, cultural practices, nearshore resources, or public health and safety – all considerations that are normally addressed through SMA permitting. Many may also have been built without a modern understanding of our intensifying climate crisis. Accordingly, this measure could perpetuate longstanding impacts to the public interest in our coastlines and nearshore waters, and saddle our future selves and future generations with rebuilt structures that remain vulnerable to climate destabilization and sea level rise.
Moreover, speculators seeking to profit off of tragedies will find disaster-impacted real estate even more attractive under this bill, knowing that there will be little to no oversight over the redevelopment of properties. The slashing of federal disaster relief programs, combined with increased pressure from offshore investors, will only make disaster-impacted communities that much more vulnerable to displacement through “disaster capitalism” - as was already attempted after the Lahaina tragedy.
HB732 HD2 SD2 would increasingly expand the number of coastal development projects that would be allowed to proceed under an SMA “minor” permit, with no opportunity for public review or input to identify and mitigate impacts to our shoreline areas and nearshore waters - as otherwise required under a normal SMA “use” permit. Planning department staff without specific place-based knowledge of project sites and surrounding areas could instead permit projects valued up to $750,000, without the information provided by a public hearing. This $750,000 threshold - a 50% increase from the current $500,000 ceiling for projects that can be authorized via an SMA “minor” permit - would also increase every 5 years.
While premised on rising construction costs, this bill fails to consider the need for greater, not less, consideration of the impacts of coastal development - especially as houses and roads continue to be lost or threatened by beach erosion and sea level rise, and as we increasingly realize how important shoreline access and healthy nearshore environments are to our resilience, and quality of life. There is nothing “minor” about coastal development, and rising costs should not make us turn our back on our rising seas.
SB1296 SD2 HD2 is scheduled to be heard in conference committee on Monday, April 21 at 10:15am in room 229 (watch online here).
HB732 HD2 SD2 has not yet been scheduled for a conference committee hearing, but may be scheduled for one at any time now.
Take a moment to email the conferees and your legislators now to demand they do not pass SB1296 SD2 HD2 and HB732 HD2 SD2. Below you will find contact information and sample emails.
Sample email for SB1296 SD2 HD2
Send to: seninouye@capitol.hawaii.gov, senrhoads@capitol.hawaii.gov, senmckelvey@capitol.hawaii.gov, senelefante@capitol.hawaii.gov, sendecorte@capitol.hawaii.gov, rephashem@capitol.hawaii.gov, reptarnas@capitol.hawaii.gov, repbelatti@capitol.hawaii.gov, repsouza@capitol.hawaii.gov, your legislators (find your legislators here)
Subject: Please protect our shorelines - do NOT pass SB1296
Message:
Aloha Chair Inouye, Co-Chair Rhoads, Co-Chair Hashem, Co-Chair Tarnas, Co-Chair Belatti, and Members of the Conference Committee,
I am respectfully but strongly urging you to not pass SB1296 SD2 HD2, Relating to Disaster Recovery, a dangerous measure that could perpetuate harms and threats to both our sensitive shorelines and disaster-impacted communities.
With rising seas, an intensifying climate crisis, and the ongoing erosion of federal regulatory protections, we must seek greater accountability for the impacts that coastal development may have on our fragile shorelines and nearshore environment - including on public access, nearshore water quality, fisheries, cultural sites and resources such as loko iʻa and limu beds, and our vanishing beaches.
This bill does the exact opposite.
SB1296 SD2 HD1 would completely disregard any coastal impacts from the redevelopment of properties damaged during disasters. This includes properties that may have been originally built prior to the coastal zone management act and without any consideration of impacts to public access, beaches, nearshore resources, or public safety and health. This also includes properties that may have been constructed without any modern understanding of climate change and the risks it poses to coastal structures. Should this measure pass, we would be opening the door to the reconstruction of properties that leave their tenants vulnerable to ever more frequent climate disasters, and that shut down opportunities to finally address decades of impacts to our coastlines and on public rights and interests.
In addition, speculators seeking to profit off of tragedies will find disaster-impacted real estate even more attractive under this bill, knowing that there will be little to no oversight over coastal redevelopment. The slashing of federal disaster relief programs, combined with increased pressure from offshore investors, will only make disaster-impacted communities that much more vulnerable to displacement through “disaster capitalism” - as was already attempted after the Lahaina tragedy.
Please do not pass SB1296 SD2 HD2. Mahalo!
Sincerely,
[Your name]
Sample email for HB732 HD2 SD2
Send to: seninouye@capitol.hawaii.gov, senrhoads@capitol.hawaii.gov, senchang@capitol.hawaii.gov, senelefante@capitol.hawaii.gov, senhashimoto@capitol.hawaii.gov, rephashem@capitol.hawaii.gov, reptarnas@capitol.hawaii.gov, replamosao@capitol.hawaii.gov, repsouza@capitol.hawaii.gov, your legislators (find your legislators here)
Subject: Our seas are rising - please do NOT pass HB732
Message:
Aloha Chair Inouye, Co-Chair Rhoads, Co-Chair Chang, Co-Chair Hashem, Co-Chair Tarnas, and Members of the Conference Committee,
Please do NOT pass HB732 HD2 SD2, Relating to Shoreline Management Areas - a dangerous measure that would increasingly exempt coastal development projects from Special Management Area (SMA) “use” permit public hearing requirements.
With houses and roads collapsing into the ocean, beaches vanishing, and cherished limu beds and nearshore reefs being lost to runoff and water quality changes, it is increasingly clear that we must be more, and not less, mindful of the impacts coastal development may have on our shorelines and sensitive nearshore environment.
This bill does the exact opposite.
HB732 HD2 SD2 would continually expand the number of coastal development projects allowed to proceed under an SMA “minor” permit, without any public hearing or input as to their potential impacts.
These projects would be permitted without the vital information that can only be provided by community members, cultural practitioners, fishers, surfers, and other members of the public intimately familiar with each project site and the surrounding area.
As a result, vital public rights and interests, including with regards to shoreline access, cultural and subsistence practices, recreational activities, and even public health and safety may be easily overlooked and harmed - potentially irreparably - by an ever-increasing number of uninformed coastal development projects in the ensuing decades, should this measure be passed.
There is nothing “minor” about shoreline development, and rising construction costs should not justify turning our back on our rising seas.
Please do not pass HB732 HD2 SD2. Mahalo!
Sincerely,
[Your name]
April 4 update
HB732 HD2 SD1, which threatens the long-term health of our shorelines by allowing more coastal development projects to bypass the public hearing and other requirements of a Special Management Area (SMA) use permit, was unfortunately passed by the Judiciary Committee and now heads to Conference Committee. Mahalo nui to the over 56 individuals and organizations who submitted testimony in opposition, and special thanks to Senator Awa for voting no on this measure.
Help protect Hawaiʻi’s shorelines from ill-advised coastal development! HB732 HD2 SD1 threatens the long-term health of our shorelines by allowing more coastal development projects to bypass the public hearing and other requirements of a Special Management Area (SMA) use permit.
With a destabilizing climate, rising sea levels, and the ongoing erosion of federal regulatory protections, we must be ever more mindful of the impacts that development may have on our fragile but vital nearshore and coastal environment. This bill would do the exact opposite, by raising the dollar threshold at which a SMA use permit is required - from $500,000 to $750,000, plus future adjustments for inflation.
This means more and more coastal projects will be allowed to bypass the comprehensive review and public hearing processes required for the issuance of SMA use permits. Permitting agency staff may instead approve such projects under relatively ministerial SMA “minor” permits - without even knowing about local conditions and the environmental, cultural, social, and physical impacts that should be considered and accounted for. This in turn would jeopardize not only the integrity of our coastlines but the rights and interests of cultural practitioners; fishers, surfers, and other ocean users; resident and tourist beachgoers; and even shoreline property owners.
There is nothing “minor” about coastal development, and rising construction costs shouldnʻt make us turn our back to our rising seas. HB732 HD2 SD1 may be well-intended but is misguided in its attempt to erode our coastal zone management laws in favor of fast-tracked coastal development.
HB732 HD2 SD1 has been scheduled for its final committee hearing in the Senate Judiciary Committee on Thursday, April 3 at 10:01am in room 16 (watch online here). Please take a moment to submit testimony in opposition to this problematic measure that threatens the well-being of Hawaiʻi’s public shorelines and our communities who depend on a healthy nearshore environment. Sample testimony and instructions below. Note: No verbal testimony will be accepted on Thursday, so your written testimony is critical!
Sample testimony for HB732 HD2 SD1
Aloha Chair Rhoads, Vice Chair Gabbard, and members of the Judiciary Committee,
My name is [Your name] and I strongly oppose HB732 HD2 SD1, which would open the door to ever more coastal development projects to bypass Special Management Area (SMA) use permit requirements - placing our fragile and vital coastal areas and nearshore resources at risk of undue harm.
Climate destabilization, sea level rise, and increasingly severe storms and floods not only threaten our fragile coastal ecosystems, but also our associated cultural, subsistence, and recreational practices and activities; public shoreline access; existing coastal infrastructure and buildings; and ocean-based visitor industry. This means we must enhance, and not weaken, protections against the potential harms of coastal development, including in particular the robust public input and review requirements of SMA use permits.
This bill instead does the opposite, by reducing the types of coastal development projects that would be subject to the oversight, transparency, and accountability requirements of SMA use permits issued under the Coastal Zone Management Act. The under-informed project approvals that result would in turn irreparably harm our beaches and shoreline areas, and the myriad public rights and interests that they support.
There is nothing “minor” about coastal development, and rising construction costs shouldnʻt make us turn our back to our rising seas. I urge the Committee to HOLD HB732 HD2 SD1.
Mahalo for your consideration,
[Your Name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "HB732" where it says "Enter Bill or Measure."
Input your information and your written testimony (no verbal testimony will be accepted)
