Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2812 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources to lease, by direct negotiation and without recourse to public auction, state submerged lands for private nonresidential noncommercial piers.

Your Committee finds that Act 261, Session Laws of Hawaii 2000, authorized 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, and Kaneohe Bay in particular.

Your Committee further finds that the problem of illegal piers in Kaneohe Bay has persisted for decades. In 1998, the Board approved the Kaneohe Bay Piers Amnesty Plan to provide owners of illegal piers with the required permits to achieve compliance with state land use laws.

The Board subsequently approved the Conservation District Use Application for the plan in July 2001, and the disposition of pier leases in August 2001. However, upon notifying the pier owners of these actions, the Department discovered there were a few piers belonging to the Kokokahi YWCA, Habilitat Inc., and the Kaneohe Yacht Club that did not clearly fall under the category of "residential", but did meet the "noncommercial" criterion in Act 261. Your Committee agrees with the intent of this measure, which amends Act 261 to resolve these remaining issues.

Your Committee has further amended this measure to make technical nonsubstantive changes.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2812, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2812, S.D. 1.