Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 2407 entitled:

begs leave to report as follows:

This bill defines:

(1) A "natural ocean circulating system"; and

While this bill would apply to many salt water pools and lagoons throughout the State, the underlying purpose of this bill is to apply to the reconstruction of the Waikiki Natatorium Pool. This project has been held in abeyance due to a civil suit in which a court determined that the Waikiki Natatorium Pool is a "swimming pool" and further ruled that administrative rules to protect the health and well-being of persons using this pool must be developed and adopted.

The Department of Health opposed this bill because administrative rules are scheduled for a final public hearing on April 10, 2002, with gubernatorial approval and adoption to occur shortly thereafter. With the adoption of the rules, reconstruction of the pool can begin immediately. The Kaimana Beach Coalition, represented by two individuals, also opposed this bill.

Supporting testimony was presented by the City and County of Honolulu, The Historic Hawaii Foundation, Hawaii Ocean Swimming, Inc., Hawaii Engineering Services, Hawaii Committee of U.S. Water Polo, Inc., representatives of Veterans' groups, and several individuals. Success at salt water lagoons, the Natatorium's historic value particularly to its users in ages past, its meaning as a memorial to veterans, and future use by generations to come were cited as reasons for support.

To address concerns that this bill usurps the preferred administrative rule process, the effective date of July 1, 2002 contains provisions to repeal the Act if the Department of Health adopts administrative rules concerning pools using a natural ocean circulating system.

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. 2407, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2407, H.D. 1, and be referred to the Committee on Finance.