STAND. COM. REP. NO.  1305-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2335

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Water, Land, & Ocean Resources and Energy & Environmental Protection, to which was referred S.B. No. 2335 entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL MANAGEMENT AREAS,"

beg leave to report as follows:

The purpose of this measure is to expedite and facilitate permitting for projects in special management areas by excluding from the definition of "development" tentative or preliminary subdivision approval to allow counties to concurrently process subdivision and special management area permits.

The Office of Hawaiian Affairs, For the Fishes, League of Women Voters of Hawaii, Sierra Club Hawaii Chapter, and many concerned individuals opposed this bill.  The Office of Planning and a concerned individual provided comments.

     Your Committees have amended this measure by:

     (1)  Reinstating the exclusion of final subdivision approval from the definition of "development";

     (2)  Removing the exclusion for tentative or preliminary subdivision approval in the definition of "development"; and

     (3)  Providing that in specified counties, if a special management area use permit for final subdivision approval is required, it will be processed concurrently with an application for tentative subdivision or after tentative subdivision approval and before final subdivision approval.

     As affirmed by the records of votes of the members of your Committees on Water, Land, & Ocean Resources and Energy & Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2335, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2335, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Water, Land, & Ocean Resources and Energy & Environmental Protection,

____________________________ DENNY COFFMAN, Chair

____________________________ JERRY L. CHANG, Chair