STAND. COM. REP. NO.  412

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 1133

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committees on Water & Land and Finance, to which was referred H.B. No. 1133 entitled:

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

beg leave to report as follows:

The purpose of this measure is to repeal chapter 171C, Hawaii Revised Statutes, relating to the Public Land Development Corporation.

     In addition, the measure also transfers assets made, used, acquired, or held by the Public Land Development Corporation to the Department of Land and Natural Resources.

The Office of Hawaiian Affairs, Department of Planning of the County of Hawaii, Kauai County Council, Chamber of Commerce of Hawaii, League of Women Voters, Sacred Earth Assembly, Conservation Council for Hawai'i, Aikea Hawaii, IMU Alliance, Malu 'Aina, Unite Here Local 5 Hawaii, Hawaii's Thousand Friends, Advocates for Consumer Rights, Country Talk Story, Community Alliance on Prisons, KAHEA:  The Hawaiian-Environmental Alliance, and numerous individuals testified in support of the measure.  Indigenous Consultants and seven individuals testified in opposition to the measure.  The Department of Land and Natural Resources and six individuals submitted comments.

     Your Committees find that the establishment of the Public Land Development Corporation by Act 55, Session Laws of Hawaii 2011, has raised significant concerns within the community.  The Corporation's authority to bypass county plans and subdivision and zoning codes, without being statutorily required to hold public hearings to solicit input from affected residents, has led many to question the wisdom and validity of the Corporation's planning and development process.  Although the original intent of Act 55, to improve economic and recreational opportunities for public lands, was a laudable goal, your Committees believe that chapter 171C, Hawaii Revised Statutes, is overly broad and grants excessive powers to the Corporation without sufficient safeguards.  Your Committees further find that at this time, it is in the public's best interest to repeal the Public Land Development Corporation.

     As affirmed by the records of votes of the members of your Committees on Water & Land and Finance that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1133 and recommend that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Water & Land and Finance,

____________________________ SYLVIA LUKE, Chair

____________________________ CINDY EVANS, Chair