STAND

STAND. COM. REP. NO. 1089-06

Honolulu, Hawaii

, 2006

RE: S.B. No. 2090

S.D. 2

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Water, Land, & Ocean Resources and Legislative Management, to which was referred S.B. No. 2090, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY,"

beg leave to report as follows:

The purpose of this bill is to establish legislative oversight, review, and approval of the Hawaii Community Development Authority's (HCDA's) master planning functions and development of community development districts prior to the expenditure of public funds on development district infrastructure (Legislative Oversight Provisions).

This bill also requires HCDA to adopt procedures that more actively engage the community in its plans and decision making, including:

(1) Posting its proposed plans for development, public notice of its proceedings, and meeting minutes on its website;

(2) Providing the public with the opportunity to testify at its decision-making hearings; and

(3) Requiring its decisions relating to its community development rules and developer's proposals conform to requirements relating to the notice, decision-making hearing, and opportunity for public input (Community Input Provisions).

The Hui o Malama Kakaako Paka, REDWINGS Memorial Events Committee, Save Our Kakaako Coalition, Kakaako Business and Landowners Association, and many concerned individuals supported this bill.

For the purposes of the public hearing, your Committees circulated a proposed H.D. 1 that deletes the Legislative Oversight Provisions and retains only the Community Input Provisions.

A concerned individual testified in support of this draft. HCDA supported the intent of this draft. The Hui o Malama Kakaako Paka, Save Our Kakaako Coalition, Kakaako Business and Landowners Association, and several concerned individuals opposed this draft.

Upon further consideration, your Committees have also amended the proposed H.D. 1, by:

(1) Requiring HCDA to notify the President of the Senate and Speaker of the House:

(A) Of any public hearing upon posting of the hearing notice; and

(B) With a report detailing the public's reaction at the public hearing, within one week after the hearing;

(2) Changing the effective date to July 1, 2050, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Water, Land, & Ocean Resources and Legislative Management that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2090, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2090, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Water, Land, & Ocean Resources and Legislative Management,

____________________________ MICHAEL Y. MAGAOAY, Chair		____________________________ EZRA R. KANOHO, Chair