STAND. COM. REP. NO.  1567

 

Honolulu, Hawaii

                , 2011

 

RE:   S.B. No. 1555

      S.D. 2

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Finance, to which was referred S.B. No. 1555, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES,"

 

begs leave to report as follows:

 

     The purpose of this bill is to establish the public land development corporation to administer an appropriate and culturally-sensitive public land development program that shall:

 

     (1)  Identify the public lands that are suitable for development;

 

     (2)  Carry on marketing analysis to determine the best revenue-generating programs for the public lands identified; and

 

     (3)  Enter into public-private agreements to:

 

          (A)  Appropriately develop the public lands identified; and

 

          (B)  Provide the leadership for the development, financing, improvement, or enhancement of the selected development opportunities.

 

     Additionally, the purpose of this bill is to rehabilitate certain small boat harbor facilities and generate revenue from the use of such facilities by, among other things:

 

     (1)  Expanding the permitted uses for state boating facility properties leased out to include any use that will complement or support the ocean recreation activities of such facilities, and the term for the disposal of such property to 65 years;

 

     (2)  Allowing the limited issuance of commercial use permits for vessels with assigned mooring in the Ala Wai and Keehi Boat Harbors;

 

     (3)  Allowing future moorage fees to be established by appraisal by a State-licensed appraiser approved by the Department of Land and Natural Resources (DLNR) for non-commercial maritime activities;

 

     (4)  Allowing, for commercial maritime activities, the Harbors Division of the Department of Transportation (Division) to set a mooring fee as either the published tariff set by the Division or the fee as established by the State-licensed appraiser approved by DLNR;

 

     (5)  Authorizing DLNR to assess and collect utility fees and common area maintenance fees in small boat harbors; and

 

     (6)  Directing DLNR to use the request-for-proposal process for the public-private development, management, and operation of areas of Ala Wai Boat Harbor.

 

     A concerned individual opposed this bill.  DLNR offered comments

 

     Your Committee has amended this bill by:

 

     (1)  Deleting the proviso that any fees collected from state small boat harbors only be expended for costs relating to the operation, upkeep, maintenance, and improvement of state small boat harbors;

 

     (2)  Changing the effective date to July 1, 2030, to promote further discussion; and

 

     (3)  Making technical, nonsubstantive changes for clarity, consistency, and style. 

    

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1555, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1555, S.D. 2, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Finance,

 

 

 

 

____________________________

MARCUS R. OSHIRO, Chair