CONFERENCE COMMITTEE REP. NO.69
Honolulu, Hawaii
, 2001
RE: H.B. No. 728
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to amendments proposed by the Senate in H.B. No. 728, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO INCREASING DEVELOPMENT FLEXIBILITY OF PUBLIC LANDS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to give the Airports Division, Department of Transportation (DOT), greater flexibility in developing its lands and facilities and to streamline the approval and permitting process by:
(1) Allowing the disposition of public lands by the expedited negotiation procedure where the purpose is "airport related;" that is, the purpose or activity requires air transportation to achieve its purpose or activity; and
(2) Exempting from county approval, including special management areas permitting requirements, all structures and improvements to land to be used for airport purposes.
Your Committee on Conference is cognizant of the concern that this measure usurps a county's regulatory powers in the construction of improvements. In recognition of such county powers in the context of the bill's purpose to streamline the approval and permitting process for airport land development, your Committee on Conference has amended this measure by requiring DOT to submit its plans and specifications to the county and empowering the county to disapprove the plans and specifications within 45 days after submittal.
The intent of this bill is not to circumvent county jurisdiction but to eliminate costly and time consuming duplication on the part of both state and county governments in the review and approval of various aspects of a needed airport or airport related projects. Currently, DOT either under state or county law, or both, meets all applicable requirements relating to building codes, special management area provisions, public hearings, and informational meetings for its projects (Project Requirements). Although this measure eliminates the approval and permitting process of the county for these airport related projects, it is the intent of your Committee on Conference that DOT meets the Project Requirements under state law or if there is no applicable Project Requirements thereunder, then to recognize and voluntarily comply with the applicable county law relating to the Project Requirements.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 728, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 728, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ CAL KAWAMOTO, Chair |
____________________________ JOSEPH M. SOUKI, Co-Chair |
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____________________________ EZRA KANOHO, Co-Chair |
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____________________________ BOB NAKASONE, Co-Chair |