STAND. COM. REP. NO. 837

Honolulu, Hawaii

, 2005

RE: H.B. No. 895

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 895, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COASTAL LIGHT POLLUTION,"

begs leave to report as follows:

The purpose of this bill is to protect seabirds and marine life from light pollution by:

(1) Prohibiting artificial lights used for decorative or aesthetic purposes when they directly illuminate or cause a direct or indirect glare towards the shoreline and ocean waters;

(2) Providing exceptions from the aforementioned prohibition for certain lighting used by hotel and hotel-condos or government agencies; and

(3) Requiring light fixtures in special management areas to be located, aimed, and shielded in ways minimizing stray light, where reasonable.

The Department of Land and Natural Resources, a member of the Hawaii County Council, Office of Hawaiian Affairs, Conservation Council for Hawaii, Hawaii Audubon Society, Sierra Club-Hawaii Chapter, and numerous concerned individuals testified in support of this bill. The Department of Transportation and two concerned individuals supported the intent of this measure. The Land Use Research Foundation of Hawaii opposed this bill. The Hawaii Hotel & Lodging Association offered comments.

Your Committee finds that the regulation of artificial lights that affect coastal areas will help mitigate disruptions of avian and marine life.

Your Committee has amended this bill by:

(1) Removing the prohibition against artificial lights used for decorative or aesthetic purposes that are visible from the beach;

(2) Specifying that artificial lighting provided by a government agency's authorized users for government operations, security, public safety, or navigational needs are exempt from the prohibition, and that these authorized users must make reasonable efforts to properly position or shield lights to minimize adverse impacts; and

(3) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 895, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 895, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair