STAND. COM. REP. NO. 1168

Honolulu, Hawaii

, 2001

RE: H.B. No. 538

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred H.B. No. 538, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT,"

begs leave to report as follows:

The purpose of this measure is to clarify the responsibilities of the Coastal Zone Management (CZM) Program, amend the composition and the responsibilities of the advisory group, increase the cost threshold for development permits, require public notice of pending special management area minor permits, and increase penalties for violations of the law.

Testimony in support of this measure was submitted by the Office of Planning, Office of Environmental Quality Control (OEQC), the Planning Departments of the counties of Kauai and Hawaii, Department of Planning and Permitting of the City and County of Honolulu, Marine and Coastal Zone Management Advisory Group, Hawaii's Thousand Friends, and Sierra Club Hawaii Chapter. The Hawaii Audubon Society submitted testimony in opposition. The Land Use Research Foundation of Hawaii submitted comments.

Your Committee finds that the proposed amendments to the CZM law have been developed, in part, as the result of discussions with the parties most affected by the law. Your Committee notes that these discussions have continued through the various changes in the measure, and wishes to commend the parties involved for their willingness to resolve problems as they have arisen.

Your Committee has amended this measure to:

(1) Clarify that the definition of "development" includes cumulative impacts on a special management area;

(2) Clarify that the lead agency shall be responsible for filing the public notice in the next available issue of the periodic bulletin of the OEQC, and deleting the requirement that public notice be given for pending special management area minor permits; and

(3) Make technical, nonsubstantive changes to reflect the preferred drafting style.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 538, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 538, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Energy and Environment,

____________________________

LORRAINE R. INOUYE, Chair