2023-06-02 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Rules 8 & 9)

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LIN: We will now move on to the Unfinished Business which is agenda Item 91. Proposed amendments to the Planning Commission Rule 8 and 9. Review and action of proposed amendments to County of Hawai`i's Planning Commission Rule 8 regarding the Shoreline Setback and Rule 9 regarding the Special Management Area(SMA) to conform with Act 16, which amended Chapter 205A, Hawaii Revised Statutes regarding the Special Management Area and Shoreline Setbacks. The proposed amendments to PC Rule 8 and 9 seek to add sea level rise to the definition of coastal hazards, adds a definition of beach to enhance beach protection, restricts construction of shoreline hardening structures at sites with beaches, increases the minimum shoreline setback from 20 feet to 40 feet, and includes the construction of a Single-Family residence on a shoreline parcel as"development" and changes SMA application requirements related to historical resources. So, first up, we'll move to the staff presentation by Tracie. CAMERO: Thank you Chair, please hold while we get the slides up. Good morning Chair and members of the Windward and Leeward Planning Commission. Before you today we have the review and action of the proposed amendments to the Planning Commission Rule 8 and 9 regarding the Special Management Area and Shoreline Setback Area. As you all recall we did meet on April 20, 2023 and the proposed changes are going to be presented to you today based off of that meeting. First off, I wanted to discuss one of the proposed amendments that was discussed at the past joint Planning Commission meeting, and I really want to kind of discuss this because before I go into the proposed amendments, I want to be able to address Commissioner Paishon-Duarte along with Commissioner Kanuha's request for opinions on kuleana lands and whether they could be exempt from SMA review. So, staff worked to see how we could incorporate this into our current processes. Well also looking into the current legislative bills and see where our authority can really land with this. We're still in the process of looking further into this. I did provide to you guys today Legislative Bill HB 365 which was passed out to the Commissioners this morning, and this does address some of the Hawaiian customary practices. There is still more work like I said that needs to be done on the legislative side that would need to be done in regards to the kuleana lands. This bill was currently put onto the Governor's desk at the end of April. So, we'll be waiting for that to get passed. You will not be voting on this bill today. It is just merely informational, and this would be our next steps with the rule amendments should this bill get passed. My apologies this one right back to the beginning of the slides. JACKSON: Excuse me Tracie, can I just jump in for a minute. So, for the public sake I just want to read off what HB 365 is proposing. It's proposing to exempt from SMA review any practices, it says "traditional agricultural practices" or"traditional fishponds". So, any work within traditional fishponds would be exempt from SMA review. The other provision that it provides is an exemption for SMA review for"Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko i`a, traditional Hawaiian fishponds". So, that's kind of the first step that the legislature is 2 EXHIBIT B (DRAFT)