STAND. COM. REP. NO. 110-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1743

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Energy and Environmental Protection and Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1743 entitled:

"A BILL FOR AN ACT RELATING TO LIGHT POLLUTION,"

beg leave to report as follows:

The purpose of this measure is to protect Hawaii's shoreline and nearshore water ecosystems from the adverse effects of artificial light pollution.

The Division of Forestry and Wildlife of the Department of Land and Natural Resources, U.S. Fish and Wildlife Service, Sierra Club, Hawaii Chapter, Hawaii Audubon Society, Life of the Land, Mokulua Fishing Club, Hawaii Conservation Alliance, and many concerned citizens testified in support of this bill. The Department of Land and Natural Resources commented.

Your Committees have amended this bill by:

(1) Adding a purpose section to clarify the measure's scope and intent;

(2) Clarifying that the Board of Land and Natural Resources has jurisdiction over coastal areas of state conservation districts and enumerating specific areas of this authority with regard to regulation of artificial lighting;

(3) Defining "light pollution";

(4) Amending Chapter 205A, Hawaii Revised Statutes, to:

(a) Prohibit artificial light from being directed toward, or emanating on, ocean waters within special management areas, unless authorized and required for safe ocean navigation; and

(b) Authorize the granting of special management area use or minor permits for the direction or emanation of artificial light onto ocean waters only when required for safe ocean navigation;

and

(5) Making technical, nonsubstantive changes for purposes of style and clarity.

After further consideration, your Committees find that both the State and the counties need to manage effective lighting control to minimize and mitigate light pollution. Therefore, your Committees will seek to introduce a resolution requesting the counties to specifically address artificial lighting issues through county ordinances.

As affirmed by the records of votes of the members of your Committees on Energy and Environmental Protection and Water, Land Use, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1743, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1743, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Energy and Environmental Protection and Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair

____________________________

HERMINA M. MORITA, Chair