STAND. COM. REP. NO. 2833

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 3001
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred H.B. No. 3001, H.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to allow the Board of Land
and Natural Resources to lease, by direct negotiation and without
recourse to public auction, state-owned submerged lands or lands
beneath tidal waters for private residential noncommercial piers
without the approval of the Governor or the Legislature.

     The Department of Land and Natural Resources and two
individuals testified in support of the measure.  One private
citizen testified in opposition.

     Your Committee finds that the Department of Land and Natural
Resources has initiated a project to bring piers into conformance
with state laws and to ensure appropriate revenue generation for
beneficiaries of the Public Land Trust.  The major components of
this program, which now focuses on Kaneohe Bay, are to:

     (1)  Identify the approximately two hundred illegal piers;

     (2)  Process a master Conservation District Use Application
          (CDUA), including an environmental assessment (EA) for
          those illegal pier owners willing to participate in the
          program;

 
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                                   STAND. COM. REP. NO. 2833
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     (3)  Resolve the status of those illegal piers whose owners
          choose not to participate in the program through the
          normal departmental penalty system;

     (4)  Issue revocable permits or easements for the use of
          state-owned submerged lands; and

     (5)  Waive back rent or fines for those who participate in
          the program.

     Your Committee believes that the program offers participants
the opportunity to legalize their piers without having to pay the
costs of hiring a consultant to prepare a CDUA and EA and is a
fair compromise for all parties involved.

     Your Committee wishes to make clear its intent that support
of the measure should not be equated as support for the
proliferation of private piers in Kaneohe Bay or the streamlining
of the permit process to authorize such piers in Kaneohe Bay.

     Your Committee has amended the measure by clarifying that
upon the expiration of the five-year time limit in which the
Board of Land and Natural Resources will have the authority to
enter into such lease agreements, the lease agreements and any
lease extensions authorized by the measure shall remain exempt
from section 171-36(a)(9), Hawaii Revised Statutes, relating to
the public access requirements for private noncommercial piers
situated on state-owned submerged lands.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee is in accord with the intent and
purpose of H.B. No. 3001, H.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 3001, H.D. 2, S.D. 1, and be referred to the
Committee on Ways and Means.

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



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
a                                                     HB3001 SD1