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 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 (Board) to lease, by direct negotiation and without recourse to public auction, state submerged lands for private nonresidential noncommercial piers.

Testimony in support of this measure was received from the Department of Land and Natural Resources (DLNR) and the YWCA of O`ahu.

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, and in 1998, the Board approved a 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, DLNR discovered there were a few piers that do not clearly fall under the category of "residential", but do meet the "noncommercial" criterion in Act 261. The piers identified belong to the Kokokahi YWCA, Habilitat Inc., and the Kaneohe Yacht Club.

Your Committee is supportive of this measure, which will amend Act 261 to resolve these remaining issues.

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 S.B. No. 2812 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.