STAND. COM. REP. NO.3172

Honolulu, Hawaii

, 2002

RE: H.B. No. 2552

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Water, Land, Energy and Environment and Judiciary, to which was referred H.B. No. 2552, H.D. 1, entitled:

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

beg leave to report as follows:

The purposes of this measure are to expand the definition of a "landowner" who can enter into safe harbor agreements and habitat conservation plans, and to subject Board of Land and Natural Resources approval of any habitat conservation plan or safe harbor agreement for public lands to legislative disapproval.

Testimony in support of the intent of this measure was received from the Department of Business, Economic Development, and Tourism, Department of Land and Natural Resources, Department of Transportation, Land Use Research Foundation of Hawaii, The Nature Conservancy of Hawaii, The Estate of James Campbell, Hawaii Leeward Planning Conference, The Gentry Companies, and Haseko Homes, Inc. The Sierra Club Hawai`i Chapter and Earthjustice testified in opposition.

Your Committees find that the intent of this measure is to provide critical tools for endangered species management through a habitat conservation plan or safe harbor agreement for public lands. Under current law, the process already includes extensive public outreach and review safeguards.

Your Committees have amended this measure to reflect the language in S.B. No. 2810, S.D. 2, previously heard in this Committee, by:

(1) Further amending the definition of "landowner" to include the phrase "when acting with the fee owner's consent";

(2) Clarifying that confidentiality provisions for habitat conservation plans or safe harbor agreements are applicable for private lands; and

(3) Deleting the amendments requiring legislative oversight of any BLNR decision on a habitat conservation plan or safe harbor agreement for public lands.

As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2552, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2552, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN KANNO, Chair

____________________________

LORRAINE R. INOUYE, Chair