STAND. COM. REP. NO.  168

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 378

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Economic Revitalization & Business and Agriculture, to which was referred H.B. No. 378 entitled:

"A BILL FOR AN ACT RELATING TO LANDSCAPING OF PUBLIC FACILITIES,"

beg leave to report as follows:

     The purpose of this bill is to revise the law requiring the incorporation of indigenous land plant species into the landscaping of facilities developed by the State with public funds by:

     (1)  Repealing existing references to indigenous land plant species and replacing them with "native Hawaiian land plant species," and inserting a definition for this replacement term; and

     (2)  Requiring, without regard to feasibility, all plans, designs, and specifications for new or renovated landscaping of any facility developed by the State with public funds to exclusively incorporate native Hawaiian land plant species.

     Sierra Club–Hawaii Chapter and several concerned individuals supported this bill.  The Department of Land and Natural Resources supported the intent of this measure.  The Department of Accounting and General Services (DAGS) opposed this bill.

     Your Committees find that when considering the use of native Hawaiian land plant species in landscaping, consideration should be given to those species that are most appropriate for the specific landscaping project, including emphasis on species that require less water or maintenance.

     In addition, your Committees note that concerns were raised regarding the amount of discretion that should be afforded to government agencies in complying with this bill's provisions.  Testimony from DAGS indicated that the requirements in this bill are too restrictive, and would make procurement difficult and expensive. 

     Upon further consideration and in light of testimony received on this measure, your Committees have amended this measure by:

     (1)  Deleting the definition of "native Hawaiian land plant species" and, instead, inserting a definition for "native Hawaiian land plant";

     (2)  Revising the requirement to incorporate native Hawaiian land plants by specifying that wherever and whenever feasible, all plans, designs, and specifications for new or renovated landscaping of any facility developed by the State with public funds shall incorporate and give preference to native Hawaiian land plants;

     (3)  Specifying that wherever and whenever possible, native Hawaiian land plants shall be used for landscaping on the island or islands or the geographical area on which the species originated;

     (4)  Exempting the landscaping of sod or turf and historic properties from the law requiring the incorporation of native Hawaiian land plants into the landscaping of facilities developed by the State with public funds; and

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

     As affirmed by the records of votes of the members of your Committees on Economic Revitalization & Business and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 378, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 378, H.D. 1, and be referred to the Committee on Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Economic Revitalization & Business and Agriculture,

____________________________ CLIFT TSUJI, Chair

____________________________ ANGUS L.K. MCKELVEY, Chair