Bill requires disclosure of sea level rise in real property sales

I’m surprised that Senate Bill 474, which was approved by legislators on the last full day of this year’s session, has received so little attention. The bill requires anyone selling real property to disclose if it is in an area exposed to likely effects of the predicted 3.2-foot rise in sea level over the next 30 years, just as sellers already have to disclose a property’s location in a flood zone.

An article in Pacific Business News this week was the only mention of the measure that I’ve seen in the media.

Anyone living along the ocean knows that sea level rise has already taken a toll, and will likely speed up in the years ahead. The state and counties are now planning for this future, even publishing detailed maps identifying specific areas most at risk. Some of this is the stuff of science fiction dystopia movies, but it doesn’t seem like the public is paying as much attention as the issue deserves.

It is now possible to look up specific parcels by their street address or tax map key using the State of Hawai?i Sea Level Rise Viewer. It’s not pretty. Our home appears to be safe outside of the predicted sea level rise zone, but lots of other parts of Honolulu aren’t so lucky.

Interestingly, the Hawaii Association of Realtors testified in favor of the measure’s mandatory disclosure provisions, and is already using an “Oceanfront Property Addendum” which is included in its standard purchase contracts.

“Climate Changes and Natural Hazards. Climate changes (including sea level rise) could affect properties in Hawaii, particularly those at the shoreline and in coastal areas. All properties in Hawaii are also subject to natural hazards such as: hurricanes, storms, earthquakes, tsunami, floods, landslides, etc. Buyer is advised to consult experts of Buyer’s choice regarding any questions concerning the effects of climate changes and natural hazards that may affect the Property. For more information, visit the Hawaii Climate Adaptation Portal (climateadaptation.hawaii.gov).”

Will this affect oceanfront property sales? I tend to doubt that it will, at least not yet. But it should inform future decisions about whether or not public resources should be used to bail out private property owners as they are hit by the impacts of sea level rise. I’m sorry, folks. You’ve been warned. When the inevitable arrives, you will be largely on your own.


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6 thoughts on “Bill requires disclosure of sea level rise in real property sales

  1. David Stannard

    Thank you for this, Ian. The Sea Level Rise Viewer is quite revealing, not only for for residential properties, but for the economic breadbasket of Waikiki. Even the ten year projection shows Waikiki beachfront hotels inundated by 2030 and starting to cross Kalakaua Avenue by 2050. These depend to some extent on different greenhouse gas emissions scenarios, but little real restraint on greenhouse gasses seems in the cards for the immediate future. And the politicos and business people were all outraged about the damage to tourism caused by reasonable safety concerns in response to COVID-19. This should be their real worry. No masks or vaccinations will stop the Pacific Ocean from responding to Mother Nature.

    Reply
    1. Brad Sellers

      I have a question. The ala Wai canal is a tidal canal correct? So I assume that means it will move higher as sea level rises? If so doesn’t that mean if a ton of water comes down from the valleys, it’s much more likely the water will top the banks and flood Waikiki from that end since there is less space between the top of the canals brackish water and the top of the banks? Am I misunderstanding the science?

      Reply
  2. Stanford Masui

    Ian: I belong to RailSOS coalition dedicated to stopping at Middle St. or other feasible location. A major concern not covered by HART’s EIS (2008?) is sea level rise on the planned route passing Nimitz and the Aloha Tower, which according to the projections will be under water. HART has disregarded it as an issue, claiming that the height of the rail makes it moot. But pedestrian access would obviously be obstructed, and any electrical equipment needed to run the rail will be ground level or underground.

    Reply
    1. JKS

      If HART makes additional property acquisitions, sea level rise would have to be disclosed in those acquisitions.

      Reply
  3. Dave Price

    The Star Advertiser confused me on this today with their article “How major bills in Hawaii fared at the Capitol in 2021”. They list under “Failed” bills “Coastal real estate SB 503, HB 554, HD 2 Requires sellers to disclose whether property lies within the sea level rise exposure area as designated by the Hawaii climate change mitigation and adaptation commission.” I didn’t see any reference there to the passed bill 474.

    I haven’t been staying up to date on this. I’m guessing that the passed SB474 bill you reference and the failed one the S/A references are similar versions, with one passing and one failing? I’m guessing S/A missed the last minute passing of SB 474. Or else I’m missing something;)

    Reply
    1. Ian Lind Post author

      The other pair of bills, SB503 and HB554, listed as “failed,” were companion bills passed by the Environmental Legislative Caucus. Neither became the vehicle for final passage, which instead was SB474 introduced by senators Keith-Agaran, English, Gabbard, Kanuha, Lee, and Shimabukuro. A political message of sorts? A political tradeoff? I don’t know.

      Reply

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