STAND. COM. REP. NO. 2121

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 559
                                        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 S.B. No. 559 entitled: 

     "A BILL FOR AN ACT RELATING TO PUBLIC ACCESS,"

begs leave to report as follows:

     The purpose of this measure is to ensure that the public
maintains its right to access the State's recreational and
cultural resources.

     The measure accomplishes this by establishing a new chapter
in the Hawaii Revised Statutes (HRS) which requires that, prior
to any state or county approval for any development, the
approving agency shall ensure that free and unimpeded public
access to the shoreline, mountains, or other recreational,
cultural, or natural resource is provided as a condition of
approval; provided that such a condition shall not be imposed if
public access is available nearby.

     Testimony in favor of the bill was received from the Office
of Hawaiian Affairs, the Hawaii Audubon Society, Hawaii's
Thousand Friends, and the Hawaii Chapter of the Sierra Club.

     Testimony in opposition to the measure was received from the
Department of Land and Natural Resources, the County of Hawaii's
Planning Department, Hawaiian Electric Company, and the Land Use
Research Foundation.


 
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                                   STAND. COM. REP. NO. 2121
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     Your Committee has amended the measure by deleting its
substance and inserting therefor, language that amends section
46-6.5, HRS, relating to the counties' requirements for
developers to provide public access.

     Your Committee believes that the issue is more appropriately
addressed in chapter 46, HRS, due to the concerns raised over
access rights dealing with gated communities which would fall
under the jurisdiction of the counties.

     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 S.B. No. 559, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 559, S.D. 1, and be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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