STAND. COM. REP. NO. 555
Honolulu, Hawaii
, 2005
RE: H.B. No. 895
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources, to which was referred H.B. No. 895 entitled:
"A BILL FOR AN ACT RELATING TO COASTAL LIGHT POLLUTION,"
beg leave to report as follows:
The purpose of this measure is to prohibit positioning artificial light in a manner that causes the illumination of ocean waters.
The illumination of ocean waters by artificial light is disruptive to avian and marine life, interfering with natural behavior and causing deaths. The elimination or lessening of artificial light in shoreline and ocean water areas is necessary to avoid harm to the marine population.
Your Committee has amended this measure by:
(1) Prohibiting artificial light used for decorative or aesthetic purposes when the light:
(A) Directly illuminates the shoreline and ocean waters;
(B) Is visible from the beach; or
(C) Causes a direct or indirect glare as it trespasses across property boundaries toward the shoreline and ocean waters;
(2) Exempting from the foregoing prohibition:
(A) Outdoor lighting fixtures that are located in a "hotel/hotel-condo" as defined in section 486K-1 under certain conditions; and
(B) Artificial lighting provided by a government agency under certain conditions;
(3) Directing the special management area authority to adopt rules under the Administrative Procedure Act, chapter 91, Hawaii Revised Statutes, to set forth procedures for implementing the measure;
(4) Defining "artificial light," "artificial lighting," "direct glare," "directly illuminate," "indirect glare," "light trespass," and "ocean waters";
(5) Directing the special management area authority to minimize light trespass, where reasonable, by requiring that light fixtures be located, aimed, and shielded to minimize stray light;
(6) Deleting language that prohibits special management area permits from allowing artificial light to be positioned toward or to directly illuminate ocean waters; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity and style.
As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 895, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 895, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources,
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____________________________ EZRA R. KANOHO, Chair |
____________________________ HERMINA MORITA, Chair |
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