STAND. COM. REP. NO. 1334

Honolulu, Hawaii

RE:    H.B. No. 1713

       H.D. 2

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committees on Judiciary and Government Operations and Ways and Means, to which was referred H.B. No. 1713, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAZARDS,"

beg leave to report as follows:

     The purpose of this measure is to authorize the Governor to enter private property to mitigate situations deemed hazardous to the health and safety of the public, following appropriate notice procedures to the owner and occupier.

     This measure also:

     (1)  Clarifies that:

          (A)  Dangerous trees or branches that pose a falling hazard;

          (B)  Stabilizing or removing unstable rock and soil hazards; and

          (C)  Cleaning streams and waterways to mitigate or prevent flooding or other disasters;

          constitute situations that are hazardous situations to the health and safety of the public that the Governor is authorized to mitigate;

     (2)  Requires the Governor to provide a ten day notice to the landowner and occupier of private property before entering on the private property; and

     (3)  Extends the lapsing date for the remaining unexpended appropriations granted under Act 78, Session Laws of Hawaii 2007, from June 30, 2009, to June 30, 2010.  Act 78 appropriated funds in response to the Kiholo Bay earthquake disaster that occurred on October 15, 2006.

     Written testimony presented to the Committees may be reviewed on the Legislature's website.

     Your Committees find that this measure will allow the State to prevent hazardous situations on private property, such as falling trees or branches, unstable rock and soil, and clogged streams and waterways that may pose a significant risk of harm to adjoining landowners and the general public when property owners fail to properly maintain their properties.

     It is your Committees' understanding that while Hawaii State Civil Defense has performed ably to oversee the expenditure of Act 78 funds, important work remains to be done.  Another year is needed to complete repairs to earthquake-damaged facilities, including agricultural irrigation systems and hazard mitigation projects on the islands of Hawaii, Maui, and Oahu.  One of the most destructive consequences of the earthquake was the severe damage sustained by the Kohala Ditch.  Suspension of the flow of water in the Kohala Ditch has resulted in severe losses to agricultural and livestock operations in North Kohala, including one of the last two remaining dairies in Hawaii.  Extending the lapsing date of the appropriations provided by Act 78 will enable the completion of recovery efforts.

     Your Committees have amended this measure by:

     (1)  Clarifying that designated state employees may enter a private landowner's property pursuant to the requirements of this measure;

     (2)  Clarifying that the authority to enter a private landowner's property is limited to mitigation of the three hazardous situations identified in this measure;

     (3)  Requiring the Governor to first provide the landowner or occupier with a reasonable opportunity to mitigate the hazardous situation without assistance of the State; and

     (4)  Changing the effective date to July 1, 2050, to promote further discussion.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Government Operations and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1713, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1713, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Government Operations and Ways and Means,

____________________________ DONNA MERCADO KIM, Chair

____________________________ BRIAN T. TANIGUCHI, Chair