STAND. COM. REP. NO. 70-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1806

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 1806 entitled:

"A BILL FOR AN ACT RELATING TO MILITARY INSTALLATIONS,"

begs leave to report as follows:

The purpose of this bill is to require sufficient notice to commanding officers of military installations in the state of:

(1) Proposed zoning changes on lands within 3,000 feet of any military installation; and

(2) Any petitions for land-use district boundary amendments for any lands within 3,000 feet of any military installation.

Such notice will afford military authorities a meaningful opportunity to:

(1) Raise any concerns they may have about urban encroachment on military installations that could adversely affect the effectiveness and preparedness of the installation; and

(2) Participate in any contested case proceedings, as applicable.

 

The state Department of Defense supported this bill. The Land Use Research Foundation of Hawaii opposed the measure. The Land Use Commission and the Office of Hawaiian Affairs submitted comments.

Your Committee has amended this bill by:

(1) Extending to two miles the distance from the military installation that triggers the required notification for counties with populations of fewer than 500,000 residents; and

(2) Removing the presumption that the failure of a commanding officer to apply to intervene or respond to a request for comment by the date of the public hearing may be interpreted as meaning the zoning change or district boundary amendment will have no adverse effects on the operation and effectiveness of the mission of the military installation.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1806, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1806, H.D. 1, and be referred to the Committee on Water, Land Use, and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

 

____________________________

KEN ITO, Chair