Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 895, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to mitigate the effects of artificial light emanating from floodlights, spotlights, or uplights on coastal and shoreline waters by regulating the use and positioning of these devices.

Testimony in support of this measure was submitted by the Department of Land and Natural Resources, the Office of Hawaiian Affairs, the Department of Transportation, the Hawaii Audubon Society, the Sierra Club-Hawaii Chapter, Life of the Land, and eight individuals. Testimony in opposition to the measure was submitted by the Hawaii Hotel and Lodging Association, the Land Use Research Foundation of Hawaii, and the Hawaii Resort Developers Conference.

This measure regulates artificial outdoor lighting that is used primarily for decorative or aesthetic purposes. Your Committee finds that artificial light that directly illuminates Hawaii's coastal and shoreline areas can negatively impact the mating, feeding, and reproductive habits of various marine species. Accordingly, this measure seeks to balance those concerns with the need to ensure adequate lighting for public safety, security, and navigation needs.

Your Committee has amended this measure by removing language that permitted artificial light fixtures located in a hotel or hotel-condo to illuminate an area of thirty feet into coastal and shoreline areas and instead limited it to an area that is necessary to ensure guest and visitor safety and security.

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