STAND. COM. REP. NO.  434-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2607

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committees on Water, Land, Ocean Resources & Hawaiian Affairs and Agriculture, to which was referred H.B. No. 2607 entitled:

"A BILL FOR AN ACT RELATING TO LAND USE,"

beg leave to report as follows:

     The purpose of this bill is to protect and preserve the North Kohala coastline by directing:

(1)  The Office of Planning to petition the Land Use Commission to reclassify certain parcels along the North Kohala coastline on the island of Hawaii which are currently classified as agricultural to the conservation district; and

(2)  The County of Hawaii not to issue any special permits or land use, subdivision, building, or other permits to allow development of the specified parcels pending the preparation, filing, and final disposition of the petition.

     The Office of Hawaiian Affairs, Council Chair of the Hawaii County Council, Kamakani O Kohala Ohana, Inc., Malama Na Wahi Pana O Kohala, and several concerned individuals testified in support of this bill.  The Hawaii Building and Construction Trades Council, AFL-CIO, opposed this measure.  The Department of Agriculture, Department of Land and Natural Resources, Office of Planning, and the Attorney General provided comments.

     Your Committees note that the Attorney General raised concerns regarding the constitutionality of some of the provisions in this bill.  However, your Committees believe that this bill is not exercising power over lands by transfer but instead regulating and providing oversight over the Office of Planning and a political subdivision.  It is well within the power of the Legislature to provide direction to state agencies and political subdivisions.

     As affirmed by the records of votes of the members of your Committees on Water, Land, Ocean Resources & Hawaiian Affairs and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2607 and recommend that it pass Second Reading and be referred to the Committee on Economic Development & Business Concerns.

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

____________________________ CLIFT TSUJI, Chair

____________________________ KEN ITO, Chair