CONFERENCE COMMITTEE REP. NO.76

Honolulu, Hawaii

, 2005

RE: H.B. No. 895

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 895, H.D. 2, S.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to protect the aquatic habitat surrounding the islands from the harmful effects of light pollution by prohibiting artificial light that directly illuminates the shoreline and ocean waters, and direct or indirect glare when light is displaced across property boundaries toward the shoreline and ocean waters. The bill also directs special management area authorities to minimize light displacement.

Your Committee on Conference, upon further consideration, has made the following amendments to this bill:

(1) Deleting all references to the phrases "direct and indirect glare" and "light displacement";

(2) Splitting the two requirements necessary to meet the hotel exception from the prohibition into two separate exceptions;

(3) Narrowing one of the hotel exceptions by limiting excepted outdoor lighting fixtures to those that illuminate an area of no more than 30 feet into the shoreline and ocean waters;

(4) Expanding the hotel exception by adding "employees" to the list of persons to be protected by the excepted outdoor lighting fixture;

(5) Changing the method by which the special management area authorities would minimize light pollution, from adopting guidelines for a review process, to prohibiting the issuance of special management area use permits and special management area minor permits subject to certain exceptions; and

(6) Making technical, nonsubstantive changes for clarity, style, and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 895, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 895, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

J. KALANI ENGLISH, Chair

____________________________

HERMINA MORITA, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

EZRA R. KANOHO, Co-Chair

____________________________

RUSSELL S. KOKUBUN, Co-Chair

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BLAKE K. OSHIRO, Co-Chair