Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred H.B. No. 2554 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources to lease state submerged lands for private nonresidential, noncommercial piers. Currently, the Board is restricted to lease state submerged lands for private residential, noncommercial piers.

Your Committee received testimony in support of this measure from the Board of Land and Natural Resources, and two individuals. Opposing testimony was received from five individuals.

Your Committee finds that the problem of illegal unauthorized piers in Kaneohe Bay has persisted for decades. Act 261, Session Laws of Hawaii 2000, combats this problem by authorizing the Board to lease by direct negotiation and without regard to public auction, state submerged lands for private residential noncommercial piers, to the owners of unauthorized piers on State waters. In May of 1998, the Board approved a plan to provide owners of illegal piers with the required permits to achieve compliance with State land use laws. However, upon notifying the pier owners of these actions, the Department discovered there were a few piers that do not clearly fall under the category of "residential", but do meet the "noncommercial" criterion of Act 261, SLH 2000.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2554, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.