CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.49-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2552

H.D. 1

S.D. 1

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2552, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEFINITION OF LANDOWNER FOR SAFE HARBOR AGREEMENTS AND HABITAT CONSERVATION PLANS,"

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 establish consistent standards and process requirements for public as well as private lands that are involved in safe harbor agreements (SFAs) and habitat conservation plans (HCPs). This bill:

(1) Broadens the definition of a "landowner" who can enter into SHAs and HCPs by including public lands; and

(2) Clarifies that confidentiality provisions for HCPs or SHAs are applicable to private lands.

Currently, only owners of private land can enter into SHAs and HCPs. This exclusion of public lands could negatively affect various developments that involve endangered species on public lands. For example, ongoing projects ranging from the construction of the North-South Road in Ewa, Oahu, to the Kealakehe planned community on the island of Hawaii could be delayed because of this exclusion.

Your Committee on Conference was initially prepared to consider a broader approach involving public lands and SHAs and HCPs that was developed jointly by the Department of Land and Natural Resources and conservation groups. However, concerns that the bill's title may be too narrow to encompass these provisions pursuant to Article III, Section 14, of the State Constitution dictated that your Committee on Conference develop a temporary solution rather than subject this measure to a possible veto.

Accordingly, your Committee on Conference has amended this bill by:

(1) Reverting to the original definition of "landowner" and also specifying that public lands may be included provided that it is limited to the following projects:

(a) The North-South Road, Ewa, Oahu, and the Kapolei Parkway, Ewa, Oahu;

(b) The Cyanotech Corporation, incidental take permit and habitat conservation plan at the NELHA Facility, Keahole Point, Hawaii; and

and

(2) Deleting the provision that limited the confidentiality provisions for HCPs or SHAs to private lands.

Finally, your Committee on Conference is optimistic about the eventual adoption of H.C.R. No. 103 which requests a wide spectrum of organizations, agencies, and interested parties to establish a working group to analyze Hawaii's endangered species law, chapter 195D, Hawaii Revised Statutes, and make recommendations to the 2003 Legislature. This working group should be able to recommend long-term strategies to address the underlying issues contained in this bill.

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. 2552, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2552, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ LORRAINE R. INOUYE, Co-Chair		____________________________ EZRA KANOHO, Co-Chair
____________________________ BRIAN KANNO, Co-Chair		____________________________ HERMINA M. MORITA, Co-Chair
		____________________________ BOB NAKASONE, Co-Chair