STAND. COM. REP. NO.  579

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1766

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1766 entitled:

 

"A BILL FOR AN ACT RELATING TO SMALL BOAT HARBORS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to permit commercial vessels to occupy Ala Wai Boat Harbor if the vessel has a permitted moorage at Ala Wai Boat Harbor and does not engage in any commercial activities in the harbor. 

 

     The Ocean Tourism Coalition supported this bill with amendments.  Numerous concerned individuals opposed this measure.  The Department of Land and Natural Resources (DLNR), Hawaii's Thousand Friends, and several concerned individuals provided comments.

 

     For purposes of the public hearing, your Committee circulated a proposed H.D. 1 version that deletes the provisions of the bill and inserts new language:

 

(1)  Allowing the limited issuance of commercial use permits for vessels with assigned moorings in Ala Wai and Keehi Boat Harbors;

 

(2)  Providing for future mooring fees to be established by appraisal by a state licensing appraiser and assigned a schedule B rate, while existing mooring holders remain in a schedule A class that shall equal schedule B rates over a five-year period; and

 

(3)  Directing DLNR to use the request for proposals process to enter into a public-private partnership for the development of portions of Ala Wai Boat Harbor facilities that are presently underused to maximize the revenue potential from its facilities. 

 

     Your Committee has amended this bill by adopting the language in the proposed H.D. 1.  Your Committee has further amended the proposed H.D. 1 by:

 

(1)  Deleting the restrictions on the length of vessels eligible for commercial use permits at Ala Wai Boat Harbor;

 

(2)  Authorizing the Board of Land and Natural Resources to designate mooring areas for commercial vessels within the Ala Wai and Keehi Boat Harbors that minimize the effects on the harbors and recreational boaters, instead of specifying which slips they may occupy;

 

(3)  Providing that the commercial mooring areas shall be phased-in in such a way as to not permanently displace any existing recreational boaters or existing catamaran operators;

 

(4)  Deleting language setting forth the specific slips that the vessels that are issued commercial use permits at Ala Wai Boat Harbor can occupy;

 

(5)  Authorizing, instead of requiring, DLNR to develop Ala Wai Boat Harbor; and

 

(6)  Making technical, nonsubstantive amendments for 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. 1766, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1766, 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,

 

 

 

 

____________________________

KEN ITO, Chair