STAND. COM. REP. NO. 826

Honolulu, Hawaii

, 2001

RE: S.B. No. 981

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 981, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE BOARD OF LAND AND NATURAL RESOURCES,"

begs leave to report as follows:

The purpose of this measure is to require a vote by a simple majority of the members of the Board of Land and Natural Resources (Board) who are qualified to vote and present at a meeting for any decision on land use permits in the conservation district.

Your Committee received testimony in support of the measure from the Department of Land and Natural Resources, Hawaii's Thousand Friends, and the Sierra Club, Hawaii Chapter. The Land Use Research Foundation of Hawaii, the Estate of James Campbell, and Hawaiian Electric Company submitted testimony in opposition. The University of Hawaii Environmental Center submitted comments.

Your Committee finds that under current law, if the Board fails to render a decision on a conservation district use application (CDUA) within the one hundred eighty-day required processing period, the application is automatically approved. Current law also requires four affirmative votes for an action to be valid.

Your Committee further finds that the Circuit Court has interpreted these two requirements to mean that unless four of the six board members vote against a CDUA within the time limit, the CDUA is automatically approved. As a result, applicants have been able to proceed with projects even if the Board has voted three-to-two or three-to-one to deny the application.

Your Committee finds that this measure would provide the Board with some flexibility, thus preserving in all cases the Board's stated intention in a decision on a CDUA.

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 S.B. No. 981, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

BRIAN KANNO, Chair