STAND. COM. REP. NO. 129-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 1951
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 Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1951 entitled:
"A BILL FOR AN ACT RELATING TO LAND CONSERVATION,"
begs leave to report as follows:
The purpose of this bill is to preserve Hawaii's natural environment by protecting certain lands for conservation purposes, such as:
(1) Parks;
(2) Habitat protection;
(3) Cultural preservation;
(4) Watershed protection;
(5) Agricultural production; and
(6) Open spaces.
Specifically, this bill:
(1) Establishes a Land Conservation Commission (Commission) to, among other things:
(A) Screen applicants who request funds for the conservation of specific parcels through the purchase of fee simple or other interest;
(B) Advise the Board of Land and Natural Resources (BLNR) whether an application should be approved;
(C) Upon approval by BLNR, award grants; and
(D) Determine whether additional matching funds may be required;
and
(2) Creates a Land Conservation Trust Fund (Trust Fund) and dedicates one percent of all capital improvement appropriations designated for the construction or renovation of state buildings to the Trust Fund, except appropriations from the Passenger Facilities Charge Revenue Fund.
The Sierra Club, Hawaii Chapter, Trust for Public Land, Hawaii Audubon Society, Conservation Council for Hawaii, and Maui Coastal Land Trust testified in support of this bill. The Department of Budget and Finance and Department of Education opposed this measure. The BLNR deferred to the position of the Department of Accounting and General Services, which supported the intent of the bill but expressed concerns about the effect this measure may have on capital improvement projects.
Your Committee has amended this bill by:
(1) Deleting all references to the Commission and Trust Fund;
(2) Expanding the provisions relating to the Fund for the Environment, section 173A-5, Hawaii Revised Statutes, to include most of the functions that had been assigned to the Commission and Trust Fund; and
(3) Removing the exemption of the Passenger Facility Charge Revenue Fund from the reallocation of one percent of all capital improvement appropriations designated for the construction or renovation of state buildings.
Your Committee fully recognizes that the children of Hawaii deserve and need a top-quality public education system that will prepare them for the challenges of the twenty-first century. Indeed, the improvement of public education is a principal concern of not only the Legislature but also the community at large. It is the intent of your Committee that the reallocation of one percent of all capital improvement appropriations designated for the construction or renovation of state buildings should not adversely affect the State's public schools.
Nevertheless, the preservation of Hawaii's natural environment is extremely important, as well, and the State presently lacks an effective funding mechanism for such purposes. Furthermore, a clear nexus exists between protecting the environment and dedicating one percent of all capital improvement appropriations designated for the construction or renovation of state buildings, because many capital improvement projects involve a loss of open space, the construction of roads, or the expansion of visitor infrastructure. Your Committee believes that such an important issue warrants further deliberation and requests that the Committee on Finance continue discussion on the matter.
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. 1951, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1951, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,
____________________________ EZRA R. KANOHO, Chair |
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