STAND. COM. REP. NO. 551

Honolulu, Hawaii

, 2005

RE: H.B. No. 1141

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1141 entitled:

"A BILL FOR AN ACT RELATING TO WAIMANO RIDGE,"

begs leave to report as follows:

The purpose of this bill is to address the health, safety, and well-being of residents in the Waimano ridge area of Oahu by prohibiting any state or county agency, department, or commission from granting, issuing, or approving any lease or permit that authorizes new or expanded use, or further development, of existing lease lands or facilities on state-owned land in the Waimano ridge area until a master plan is developed. Specifically, this bill, among other things:

(1) Establishes a process for the Department of Health (DOH) to draft the master plan, and requires public input and approval; and

(2) Requires legislative approval, through the adoption of a concurrent resolution requesting approval of the master plan and any proposed legislation necessary to effectuate the master plan, to repeal the prohibition.

The Pearl City Community Association supported this bill. DOH opposed this bill. The Office of Information Practices offered comments.

Your Committee has amended this measure by:

(1) Clarifying that for public hearings conducted by DOH to formulate the master plan, DOH shall provide notice and accept public testimony consistent with the requirements set forth in chapter 92;

(2) Deleting the requirement for DOH to conduct another public hearing when a neighborhood board recommends any amendments to the master plan;

(3) Deleting the requirement that DOH obtain approval from the neighborhood board or boards representing the Waimano ridge area before submitting the master plan to the Legislature;

(4) Deleting the requirement that the Legislature adopt a concurrent resolution requesting approval of the master plan and any proposed legislation necessary to effectuate the master plan, to repeal the prohibition;

(5) Deleting interim reporting requirements and replacing them with a requirement for DOH to prepare and disseminate an annual report detailing various activities on Waimano ridge, including but not limited to:

(A) The types of tests being conducted, the dangers involved, and the precautions taken to assure the safety of both lab personnel and surrounding communities;

(B) The types and extent of treatment programs which may be conducted, such as drug rehabilitation and sex offender programs, and measures employed to protect the public; and

(C) The number of public informational meetings conducted, the subjects covered, and the community's reaction or degree of acceptance to DOH's presentation;

and

(6) Making technical, nonsubstantive amendments for purposes of style, clarity, and consistency.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1141, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1141, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,

 

____________________________

EZRA R. KANOHO, Chair