STAND. COM. REP. NO.  273-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2590

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 2590 entitled:

"A BILL FOR AN ACT RELATING TO SUSTAINABILITY,"

beg leave to report as follows:

     The purpose of this bill is to promote the sustainability of Hawaii by:

(1)  Adopting and setting forth the Hawaii 2050 Sustainability Plan (Sustainability Plan); and

(2)  Establishing a Sustainability Council to, among other things, implement and evaluate the progress of the State in achieving the objectives of the Sustainability Plan.

     The Hawaii 2050 Sustainability Task Force, Office of Economic Development of the County of Kauai, Aloha United Way, The Nature Conservancy of Hawaii, Hawaii Alliance for Community-Based Economic Development, Hawaii Farm Bureau Federation, Hawaii Alliance of Nonprofit Organizations, National Association of Social Workers – Hawaii Chapter, Kanu O Ka Aina Learning Ohana, Association of Hawaiian Civic Clubs, and numerous concerned individuals supported this bill.  The Hawaii Association of Independent Schools, The Chamber of Commerce of Hawaii, Castle & Cooke Hawaii, and Hawaii Government Employees Association supported the intent of this measure.  The Hawaii Business Roundtable and a concerned individual opposed this bill.  The Office of the Governor and concerned individuals submitted comments.

     Your Committees note that numerous unresolved concerns and issues were raised about this bill, such as the purpose and role of the Sustainability Council, the force and authority of the Sustainability Plan if it is not adopted by the Legislature, no provision for legislative oversight on amendments to the Sustainability Plan, and a lack of a clear understanding of the role of various government agencies when the Sustainability Plan conflicts with the authority of a particular agency.

     Concerns also exist about:

(1)  Whether the Sustainability Plan replaces the existing State Plan under chapter 226, Hawaii Revised Statutes;

(2)  The many areas either uncovered or only sparingly covered by the Sustainability Plan;

(3)  The consistency and comprehensiveness of the goals, strategies, and indicators contained within the Sustainability Plan; and

(4)  Whether the Sustainability Council would become yet another level of bureaucracy that may detract funds from essential health, human-services, public-safety, and educational needs during difficult economic times.

     Your Committees applaud the diligent efforts of the Hawaii 2050 Sustainability Task Force but find that many constitutional, policy, technical, and funding concerns remain.

     In light of these issues and to promote further discussion, your Committees have amended this bill by:

(1)  Changing the effective date to July 1, 2020; and

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

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2590, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2590, H.D. 1, and be referred to the Committee on Economic Development & Business Concerns.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________ KEN ITO, Chair

____________________________ HERMINA MORITA, Chair