CONFERENCE COMMITTEE REP. NO.16-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 870

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. 870, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO 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 allow for the direct negotiation of master leases on industrial parks developed under a joint venture or development agreement. This bill:

(1) Clarifies the authority of the Board of Land and Natural Resources (Board) in designating lands to be used as industrial parks;

(2) Declares that if an industrial park is to be developed in partnership or under a development agreement with a private party, that the private party shall be selected in accordance with the procurement code;

(3) Allows the Board, through negotiation, to issue master leases within an industrial park to the entity that developed the industrial park or to a nominee of the entity;

(4) Authorizes a master lessee to issue tenant subleases within the industrial park without the consent of the Board; and

(5) Clarifies that the Board, through negotiations, may issue a master lease to a corporation whose members or shareholders are either eligible permittees or eligible sublessees of the industrial park.

Your Committee on Conference has amended this bill by:

(1) Specifying that in identifying a private party to develop an industrial park, the private party shall be selected via the competitive sealed bidding or competitive sealed proposal process set forth in the procurement code; and

(2) Making technical, nonsubstantive amendments to conform to standard drafting conventions.

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. 870, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 870, 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, Chair

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EZRA KANOHO, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

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BOB NAKASONE, Co-Chair