STAND

STAND. COM. REP. NO. 1416

Honolulu, Hawaii

, 2005

RE: S.C.R. No. 22

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Business and Economic Development, to which was referred S.C.R. No. 22 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING DESIGNATION OF AN INDUSTRIAL PARK,"

beg leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources (the Board) to designate land in Sand Island for an industrial park.

The Department of Land and Natural Resources and Matson Navigation Company submitted testimony in support of this measure. The City and County of Honolulu Department of Planning and Permitting submitted testimony in opposition to this measure.

Your Committees find that section 171-134, Hawaii Revised Statutes (HRS), allows the Department of Land and Natural Resources to develop industrial parks on public lands. However, section 171-134, HRS provides that:

(1) The proposed land must be at least five acres in size;

(2) The Board must determine, by resolution, that it is suitable and economically feasible as an industrial park; and

(3) A concurrent resolution must be approved by the Legislature.

Thus, this measure authorizes the Board to designate public lands located at Kaholaloa, Sand Island on the island of Oahu.

Your Committees also noted concerns from the City and County of Honolulu Department of Planning and Permitting that this measure may be an attempt to circumvent the City and County's permitting requirements. However, the Chairperson of the Board testified that this process does not bypass or override any City and County permitting requirements. Rather, this process is in addition to the requirements. Thus, the Chairperson of the Board explicitly assured your Committees that the City and County's permitting and zoning processes will be followed either by the Department of Land and Natural Resources or by the lessee of the property.

Your Committees have amended this measure by:

(1) Providing that the Board, rather than the Chairperson of the Board, will be authorized to withdraw portions of the land from the industrial park designation; and

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

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Business and Economic Development that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 22, as amended herein, recommend that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 22, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Business and Economic Development,

____________________________ WILL ESPERO, Chair		____________________________ RUSSELL S. KOKUBUN, Chair