Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 938, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to grant emergency powers to the Governor to facilitate the construction of military training facilities in the event of an armed conflict with Iraq.

In particular, this bill provides that when the Governor determines that the construction of military training facilities for the United States armed forces are reasonably necessary for the security of the State, the Governor may suspend all laws pertaining to the construction of these training facilities. These emergency powers are granted until June 30, 2004.

Your Committee received testimony in favor of this measure from the state Department of Defense and the Chamber of Commerce of Hawaii. Testimony in opposition to this measure was received from the American Friends Service Committee and the Sierra Club, Hawaii Chapter.

Your Committee agrees with the need, as expressed in this bill, to support and expedite the construction of local and transient military training facilities in preparation for a possible war with Iraq. Your Committee recognizes the sacrifices and commitment made by the members of the United States armed forces and the intense and often extremely hazardous training necessary to ensure the protection and defense of the United States and the security of this State.

At the same time, your Committee is deeply concerned about the potential harm that may be done by means of this bill to Hawaii's environmental, cultural, and historical resources by the armed forces.

In particular, your Committee finds that there is a need to achieve greater accountability for potentially harmful environmental, cultural, historical, and social impacts of military activities, which may include contaminated sites, public health hazards, displaced communities, and damaged historical and cultural resources. The clean-up and remediation of existing contaminated sites, including those containing hazardous wastes and unexploded ordnance, will already take decades and cost billions of dollars.

Accordingly, upon further consideration, your Committee has amended this bill by replacing section 2 of the bill with four new sections to specify in greater detail the emergency powers granted to the Governor and limitations on the exercise of those powers. In particular:

Your Committee has further amended the bill by amending section 1 of the bill to reflect these changes and by making technical nonsubstantive changes for the purposes of clarity and consistency.

Finally, your Committee finds that there is a need for further discussion on the contents of this bill, particularly regarding limitations on the locations in Hawaii in which the armed forces may construct military training facilities and the nature and use of those facilities, as well as the need to further address peace and humanitarian issues and the underlying causes of human conflict, so that Hawaii may serve as a leader in the international community in demonstrating how a society may resolve its conflicts peacefully and without the need for violence.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 938, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Judiciary, in the form attached hereto as H.B. No. 938, H.D. 2.