STAND. COM. REP. NO.  1089-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2423

      S.D. 2

      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 Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred S.B. No. 2423, S.D. 2, entitled:

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

begs leave to report as follows:

     The purpose of this bill is to direct the State to acquire the area commonly known as Turtle Bay Hotel and Resort and the surrounding property by appropriating funds for the purchase and authorizing the exercise of the State's eminent domain powers if an agreement for purchase cannot be reached. 

     The Governor, Ko‘olauloa-North Shore Alliance, Surfrider Foundation Oahu Chapter, Sierra Club-Hawaii Chapter, Windward Ahupua‘a Alliance, and numerous concerned individuals testified in support of this bill.  The Trust for Public Land supported the intent of this measure.  Several concerned individuals provided comments.

     Your Committee finds that the purchase of Turtle Bay by the State is consistent with the desire of the community to preserve the rural character of the area while maintaining jobs for local residents.  While the State does not intend to undertake hotel operations, purchase of the hotel and resort itself may be used to leverage the purchase of the surrounding property, which the State intends to set aside for preservation purposes.  Accordingly, your Committee has amended this bill by clarifying that the purchase may include the hotel and resort.

     In addition, your Committee has amended this bill by:

(1)  Expanding the sources of funds that may be used for the purchase of the property to include special funds; private funds, financing, or donations; federal funds; exchange of public lands; or any other means of financing; and

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

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2423, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2423, S.D. 2, H.D. 1, and be referred to the Committee on Tourism & Culture.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair