STAND. COM. REP. NO.526

Honolulu, Hawaii

, 2001

RE: H.B. No. 695

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 695 entitled:

"A BILL FOR AN ACT RELATING TO DISPLACED LESSEES,"

begs leave to report as follows:

The purpose of this bill is to implement the redevelopment plans for Kakaako Makai by relocating the Produce Center Development, Ltd. (Produce Center), which is located on the site for the development of the University of Hawaii John A. Burns School of Medicine/Biomedical Research Center.

This bill:

(1) Amends chapter 171, Hawaii Revised Statutes (HRS), by:

(A) Allowing the Department of Land and Natural Resources (DLNR) to assist dislocated lessees who are displaced by eminent domain or threat thereof from property which is being acquired or already owned by the State or a county; and

(B) Clarifying that an eligible relocation site is an existing industrial park or other state land designated as an industrial park;

(2) Designates a portion of the Kapalama Military Reservation as an eligible relocation site;

(3) Designates a portion of the Kapalama Military Reservation as an industrial park sixty days after the enactment of this measure;

(4) Terminates all existing revocable permits covering any affected portion of the Kapalama Military Reservation no later than thirty days after the enactment of this measure; and

(5) Prohibits any permittee under such existing revocable permits from eligibility for the preference granted to displaced lessees under section 171-142, HRS.

DLNR, the Hawaii Community Development Authority (HCDA), the Department of Agriculture, and the Department of Transportation (DOT) testified in support of this bill. Five Kapalama Military Reservation permittees opposed this measure.

Your Committee was particularly concerned about the impact that the proposed relocation of the Produce Center will have in displacing the Kapalama Military Reservation permittees. In this regard, your Committee was disappointed over the apparent lack of consideration demonstrated by state agencies for the well being of the permittees in terms of offering relocation assistance or advance notification.

Accordingly, your Committee has amended this bill by:

(1) Authorizing DOT to waive or reimburse up to three months of the lease rent owed or paid by Kapalama Military Reservation permittees who will be displaced by the relocation of the Produce Center;

(2) Changing the effective date of this bill to July 1, 2010, to continue discussion on this matter and ensure that relocation concerns are addressed; and

(2) Making technical, nonsubstantive amendments to correct certain technical and stylistic errors.

Finally, your Committee strongly urges all agencies involved in the operations of the Kapalama Military Reservation, especially DOT, DLNR, and HCDA, to provide assistance to the displaced Kapalama permittees, especially in finding appropriate alternative locations for their operations.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 695, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 695, H.D. 1, and be referred to the Committee on Finance.

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

____________________________

EZRA KANOHO, Chair