HOUSE OF REPRESENTATIVES	H.C.R. NO.	251
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting the auditor to continue to conduct the performance audit of the State administration's actions in exempting harbor improvements for the hawaii superferry from an environmental assessment or environmental impact statement.

     WHEREAS, although the waters surrounding Hawaii are one of the State's greatest assets, they have caused the isolation of communities, an uneven distribution of social services, and the separation of families; and

     WHEREAS, Hawaii is an island State and unique in having no major highway system connecting various points throughout the state, and until a short time ago, residents and visitors alike depended almost exclusively upon interisland air transportation to meet their interisland transportation needs; and

     WHEREAS, recently an alternative mode of transportation, a large capacity ferry vessel between the islands of Hawaii was initiated in the form of the Hawaii Superferry; and

     WHEREAS, Act 2, Second Special Session Laws of Hawaii, 2007, (Act 2) allowed large capacity ferry vessels to operate in Hawaii under certain conditions and while an environmental study was being conducted; and

     WHEREAS, the operation of the Hawaii Superferry has caused contention among island communities and questions have arisen as to how the Hawaii Superferry received an exemption from an environmental review from the Department of Transporation; and

     WHEREAS, Act 2 required the Legislative Auditor (Auditor) to conduct a performance audit on the State Administration's actions in exempting certain harbor improvements for large capacity ferry vessels from environmental assessment or environmental impact statement requirements under Chapter 343, Hawaii Revised Statutes, including the reasons why potential secondary environmental impacts were not considered; and

     WHEREAS, Act 2 further required the Auditor to submit the performance audit to the Legislature no later than March 1, 2008, and if not completed by March 1, 2008, to submit a preliminary report by that date and a final report as soon as possible thereafter, but no later than April 20, 2008; and

     WHEREAS, the Auditor has informed the Speaker of the House of Representatives and the President of the Senate of difficulties in obtaining documents and information relevant to the audit from the State Administration, due in part to the assertion of attorney-client privilege; and

     WHEREAS, as a result, the Auditor has stated that the deadline for the preliminary performance audit report will not be met and that the deadline for the final report will be difficult, if not impossible, to meet; and

     WHEREAS, to meet the intense legislative and public interest in this performance audit, the Auditor should be afforded additional time to complete this audit; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Auditor is requested to continue efforts to conduct a performance audit of the State Administration as required by Act 2; and

     BE IT FURTHER RESOLVED that the Governor and any other state officers are requested to provide all documents and information deemed relevant by the Auditor to the performance audit and are further requested to fully cooperate with any requests for information made by the Auditor; and

     BE IT FURTHER RESOLVED that the Auditor shall submit a final report of the performance audit to the Legislature no later than 20 days prior to the convening of the Regular Session of 2009; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, Speaker of the House of Representatives, President of the Senate, and Legislative Auditor.

OFFERED BY:

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Report Title: 

Urges the Legislative Auditor to continue the performance audit of the State administration required under Act 2, Second Special Session Laws of Hawaii 2007.  Requires report twenty days prior to Regular Session of 2009.