STAND. COM. REP. NO. 1266

Honolulu, Hawaii

, 2005

RE: H.B. No. 895

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Energy, Environment, and International Affairs and Water, Land, and Agriculture, to which was referred H.B. No. 895, H.D. 2, entitled:

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

beg leave to report as follows:

The purpose of this measure is to protect seabirds and marine life from light pollution.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, the Office of Hawaiian Affairs, Conservation Council for Hawaii, Hawaii's Thousand Friends, Kahea, Life of the Land, the Sierra Club, and eight individuals. Your Committees received testimony in opposition from the Land Use Research Foundation of Hawaii, and also received comments from the Department of Transportation, Hawaii Hotel and Lodging Association, and two individuals.

Your Committees find that artificial lights illuminating Hawaii's coastal areas and shining on the water can mimic the full moon, and sometimes even daylight, to such an extent that nesting turtles and their progeny can be led astray, nocturnal and migrating birds can be fatally confused, and coral may be induced to spawn artificially. Artificial light shining on ocean waters also affects the feeding, mating, and resting cycles of many species of fish. Your Committees further find that this measure focuses on outdoor lighting that is for scenic purposes only, and excludes lighting necessary for safety and navigation. Your Committees believe that this measure will mitigate the impact of artificial lights on coastal areas and ocean waters and safeguard native Hawaiian wildlife from their harmful effects.

Your Committees note that light travels in accordance with the laws of physics and cannot, therefore, "trespass." To prevent any misinterpretation of the term "light trespass" with respect to civil or criminal liability, your Committees have amended this measure to substitute "light displacement" for "light trespass" and "travel" for "trespass" wherever they appear in this measure. Your Committees have also amended this measure to indicate that lighting in a condo or hotel/condo in a shoreline or nearshore area, while permissible, must also be the only practicable way to help ensure the safety and security of guests and visitors.

As affirmed by the records of votes of the members of your Committees on Energy, Environment, and International Affairs and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 895, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 895, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Energy, Environment, and International Affairs and Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair

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J. KALANI ENGLISH, Chair