STAND. COM. REP. 270

Honolulu, Hawaii

, 2003

RE: H.B. No. 1210

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1210 entitled:

"A BILL FOR AN ACT RELATING TO NONCOMMERCIAL PIERS,"

begs leave to report as follows:

The purpose of this bill is to authorize the Board of Land and Natural Resources to lease by direct negotiation and without recourse to public auction, state submerged lands for private nonresidential noncommercial piers as intended by Act 68, Session Laws of Hawaii 2002.

The Department of Land and Natural Resources supported this measure. Opposing testimony was received from Na Hawaiian Aupuni.

Your Committee finds that Act 261, Session Laws of Hawaii 2000 ("Act 261"), authorized the Board of Land and Natural Resources (Board) to lease, by direct negotiation and without regard to public auction, state submerged lands for private residential noncommercial piers to the owners of unauthorized piers on state waters, particularly those in Kaneohe Bay.

On May 15, 1998, the Board approved the Kaneohe Bay Piers Amnesty Program to provide owners of illegal piers with the required permits to achieve compliance with state land use laws. The Board subsequently approved the conservation district use application for the program plan on July 13, 2001, and the disposition of pier leases on August 24, 2001.

Upon notifying the pier owners of these actions, the Department of Land and Natural Resources (Department) discovered there were a few piers that do not clearly fall under the category of "residential", but do meet the "noncommercial" criterion in Act 261. The piers identified belong to the Kokokahi YWCA, Habilitat Inc., and the Kaneohe Yacht Club.

The Department proposed legislation during the 2002 Regular Session that passed and was subsequently signed into law as Act 68, Session Laws of Hawaii 2002, expanding the provisions of Act 261, to apply as well to private nonresidential noncommercial piers. Simultaneously, Act 261 was being amended by a bill that was subsequently enacted as Act 103, Session Laws of Hawaii 2002. This legislation, however, did not make the identical changes to Act 261 to include private nonresidential noncommercial piers.

Your Committee finds that this bill will correct any ambiguity in interpreting the intent of Act 261, as amended by Acts 68 and 103, Session Laws of Hawaii 2002.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1210 and recommends that it pass Second Reading and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair