STAND. COM. REP. 686
Honolulu, Hawaii
, 2003
RE: H.B. No. 1275
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1275 entitled:
"A BILL FOR AN ACT RELATING TO THE SHORELINE,"
begs leave to report as follows:
The purpose of this measure is to amend the definition of "shoreline", for the purposes of the shoreline certification process, to mean the upper reaches of the annually recurring high seasonal surf.
The Office of Hawaiian Affairs, Hawaii's Thousand Friends and a concerned citizen submitted testimony in support of this bill. Public Access Shoreline Hawaii and numerous concerned individuals submitted testimony supporting the intent of this measure with amendments. Verizon Hawaii and Hawaii Reserves, Inc., opposed the bill. The Department of Land Natural Resources commented on the measure.
Your Committee has amended this measure by:
(1) Adding a historical perspective to the evolution of the shoreline boundary issue;
(2) Changing the definition of "shoreline" to mean the uppermost reach of the annually recurring highest seasonal surf evidenced by the resultant debris line or the first line of stable vegetation, provided that the vegetation is not influenced or modified by human intervention, whichever is furthest mauka or inland;
(3) Adding a provision to require an applicant for shoreline certification to provide a copy of the application for shoreline certification, including the proposed map and photographs, by certified mail to:
(A) All abutting shoreline property owners;
(B) The Office of Environmental Quality Control for publication in its periodic bulletin; and
(C) The county planning agency;
and
(4) Allowing the State Land Surveyor to review any shoreline certification during its twelve-month validity period and to rescind the certification where there is a substantial misrepresentation of material fact in the original application.
Technical, nonsubstantive amendments were also made for purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1275, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1275, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,
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____________________________ EZRA R. KANOHO, Chair |