HOUSE OF REPRESENTATIVES

THE TWENTY-SEVENTH LEGISLATURE

REGULAR SESSION OF 2013

 

COMMITTEE ON WATER & LAND

Rep. Cindy Evans, Chair

Rep. Nicole E. Lowen, Vice Chair

 

Rep. Denny Coffman

Rep. Chris Lee

Rep. Ty J.K. Cullen

Rep. Richard Lee Fale

Rep. Faye P. Hanohano

Rep. Cynthia Thielen

Rep. Derek S.K. Kawakami

 

 

COMMITTEE ON OCEAN, MARINE RESOURCES, & HAWAIIAN AFFAIRS

Rep. Faye P. Hanohano, Chair

Rep. Ty J.K. Cullen, Vice Chair

 

Rep. Denny Coffman

Rep. Chris Lee

Rep. Cindy Evans

Rep. Nicole E. Lowen

Rep. Derek S.K. Kawakami

Rep. Richard Lee Fale

 

NOTICE OF HEARING

 

DATE:

Friday, February 01, 2013

TIME:

8:00 am

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 797

Status

RELATING TO COASTAL ZONE MANAGEMENT.

Adds a new section to part II of chapter 205A, Hawaii Revised Statutes, to provide a process for state consistency review and certification for development by a state agency on state land within the special management area.  After a notice of state consistency certification is published in the periodic bulletin by the Office of Environmental Quality Control, or upon issuance of federal consistency, a development by a state agency on state land shall be allowed within a special management area without obtaining a special management area permit or shoreline setback variance as otherwise required by chapter 205A.

 

Pending re-referral

WAL/OMH, JUD

HB 1249

Status

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT DISTRICT.

Establishes a new community development district located in the Banyan Drive area in Hawaii county and places it under the jurisdiction of the Banyan Drive community development board.  Establishes the Banyan Drive community development board.  Requires the department of land and natural resources to deed over all leases it holds within the new district to the Hawaii community development authority.  Amends the composition, selection, and replacement of the members of the Hawaii community development authority.  Makes an appropriation to the Hawaii community development authority to carry out the purposes of this Act.

 

WAL, CPC, FIN

HB 509

Status

RELATING TO MAKUA VALLEY.

Establishes the Makua Valley Reserve Commission to oversee preservation and restoration activities in Makua Valley on Oahu.

 

WAL/OMH, FIN

HB 1444

Status

RELATING TO HAWAIIAN HOME LANDS.

Includes submerged lands contiguous to Hawaiian Home Lands as available lands as defined in section 203 of the Hawaiian Homes Commission Act.

 

WAL/OMH, JUD

HB 703

Status

RELATING TO MEMORIALS.

Establishes the Coastal Memorials Task Force to, among other things, develop standards to regulate the practice of erecting coastal memorials.

 

WAL/OMH, FIN

HB 710

Status

RELATING TO FISHPONDS.

Requires the Department of Land and Natural Resources, Department of Health, and Office of Planning to streamline the permitting process and facilitate the restoration of Hawaiian fishponds.  Requires DLNR to submit a report of findings and recommendations.

 

WAL/OMH, FIN

HB 550

Status

RELATING TO PUBLIC LAND LIABILITY.

Amends and clarifies the definition of "improved public lands" in Act 82, Session Laws of Hawaii 2003, for purposes of limiting liability for public entities based on the duty to warn of dangers on public lands.

 

WAL/OMH, JUD, FIN

HB 1268

Status

RELATING TO PUBLIC LANDS.

Allows 999-year homestead leases to be assigned to trustees of land trusts that are created for managing and holding the homestead leasehold estate for the benefit of the lessee and lessee's family members.

 

WAL/OMH, JUD

HB 1292

Status

RELATING TO PUBLIC LAND.

Requires legislative approval of any sale, exchange, gift, or transfer of public land.

 

WAL/OMH, FIN

HB 583

Status

RELATING TO GOVERNMENT.

Requires the department of land and natural resources to establish an inventory of public facilities on the lands of the public land trust to which state agencies hold title.  Requires state agencies to provide the department with an inventory of buildings and facilities by January 1, 2014, and to provide the department with an updated report annually.

 

WAL/OMH, FIN

HB 939

Status

RELATING TO ENFORCEMENT OF VIOLATIONS BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES.

Provides alternative civil enforcement options that may be utilized by the Board of Land and Natural Resources in the processing of natural and cultural resource violation cases.

 

WAL/OMH, JUD, FIN

HB 415

Status

RELATING TO THE COUNTIES.

Authorizes each county to establish a land management advisory committee.  Requires DLNR to receive approval from the appropriate land management advisory committee prior to adopting any county specific rule that affects the use or management of land or nearshore waters within the county.

 

WAL/OMH, FIN

HB 989

Status

RELATING TO FISH.

Requires the DLNR to calculate penalties for the unlawful taking  of each saltwater or freshwater non-game fish, or any specimen of aquatic life, by multiplying each separate species unlawfully taken by the quantity of that species taken, using the appropriate fine based on the species of the fish or aquatic life.

 

WAL/OMH, FIN

HB 933

Status

RELATING TO SPECIAL SHORELINE ENCROACHMENT EASEMENTS.

Provides the Board of Land and Natural Resources discretion to grant easements for less than fair market value for structures that were authorized by a governmental authority and constructed landward of the shoreline within the record boundary of the landward property at the time of construction, but are now located seaward of the shoreline on public land.

 

WAL/OMH, JUD

HB 666

Status

RELATING TO OCEAN RESOURCES.

Deletes the "one-gallon per person per day" exception to the prohibition against the removal of sand and other beach or marine deposits, except for materials inadvertently taken, such as those carried away on the body, clothes, toys, recreational equipment, and bags, from the shoreline area or seaward of the shoreline.  Creates an exemption for public emergencies and traditional cultural practices.

 

WAL/OMH, JUD

HB 251

Status

RELATING TO NATIVE HAWAIIANS.

Establishes a $1 fee for certified copies of birth, marriage, divorce, or death certificates when required to verify qualified Native Hawaiian status for the Native Hawaiian roll.  Requires Director of Health to deposit fee into the State's general fund.

 

OMH, HLT, FIN

HB 1087

Status

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Provides for the election of the office of Hawaiian affairs board members through a system of nonpartisan primary and general elections to begin with the 2014 elections.

 

OMH, JUD, FIN

HB 1088

Status

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Amends the ballot for elections of members of the Board of Trustees of the Office of Hawaiian Affairs.  Limits voting for seats that have a residency requirement on a particular island to voters who reside on that island.

 

OMH, JUD, FIN

HB 253

Status

RELATING TO EDUCATION.

Establishes the instructional office of Hawaiian studies for the purpose of providing instruction to public school students on Hawaiian history, culture, arts, and language.  Makes an appropriation for the instructional office of Hawaiian studies.

 

OMH, EDN, FIN

HB 499

Status

RELATING TO THE UNIVERSITY OF HAWAII SYSTEM.

Authorizes the establishment of a research program on the stewardship of aquaculture and marine protected areas at the Hawaii Institute of Marine Biology.  Appropriates funds on a matching basis with federal funds.  Effective July 1, 2013.

 

OMH, HED, FIN

HB 1446

Status

RELATING TO THE UNIVERSITY OF HAWAII AT HILO.

Makes an appropriation to the University of Hawaii at Hilo to support Ka Haka ‘Ula O Ke‘elikolani college of Hawaiian language and student support programs at the University of Hawaii at Hilo to support native Hawaiians and native Hawaiian programs.

 

OMH, HED, FIN

HB 359

Status

RELATING TO OCEAN RESOURCES.

Authorizes administrative inspections within the West Hawaii regional fishery management area.  Requires the DLNR to create an administrative search scheme to monitor compliance with aquatic resources management regulation.

 

OMH, JUD, FIN

HB 227

Status

RELATING TO AFFORDABLE HOUSING CREDITS.

Removes the county's power to issue affordable housing credits to DHHL for the development of vacant lots.  Removes restriction that county requirements for affordable housing may not impair the county's obligation to apply the credits in full satisfaction of all county requirements.

 

OMH, HSG, FIN

HB 1352

Status

RELATING TO WATER.

Exempts owners of kuleana lands from all state, county, and municipal taxation, fees, and charges of every kind for water usage in connection with the kuleana landowner's appurtenant water rights.

 

OMH/WAL, JUD, FIN

HB 1093

Status

RELATING TO DISCLOSURES.

Requires the Department of Land and Natural Resources, the Department of Hawaiian Home Lands, and the Office of Hawaiian Affairs to submit annual reports detailing all contracts for services entered into.

 

OMH/WAL, FIN

HB 1424

Status

RELATING TO THE ACQUISITION OF RESOURCE VALUE LANDS.

Requires DLNR, in consultation with the Hawaiian Islands Land Trust and notwithstanding board approval, to engage in efforts to acquire the parcel of land located at Lipoa Point, identified as TMK 2-4-1-001-010-0000.  Makes an appropriation.

 

OMH/WAL, FIN

HB 931

Status

RELATING TO SHORELINE VEGETATION.

Makes permanent the statutory changes enacted into law (Act 160, Session Laws of Hawaii 2010) by the 2010 Legislature, to require the removal of landowner's induced or cultivated vegetation that interferes or encroaches seaward of the shoreline.

 

OMH/WAL, JUD

HB 938

Status

RELATING TO THE KAHOOLAWE ISLAND RESERVE.

Clarifies that any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of the rules applicable to the Kahoolawe Island Reserve may be seized and subject to forfeiture pursuant to section 199-7 and chapter 712A, Hawaii Revised Statutes.

 

OMH/WAL, JUD

HB 1387

Status

RELATING TO ENDANGERED SPECIES.

Requires DLNR to supplement currently mandated end-of-year reports on endangered species with annual mid-year updates of population counts for endangered aquatic life and wildlife inhabiting state marine waters and coastal lands.  Makes the updates available to the public.

 

OMH/WAL

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony by 5:00 pm January 31, 2013.  Testimony should indicate:

·     Testifier's name with position/title and organization;

·     The Committee(s) to which the comments are directed;

·     The date and time of the hearing; and

·     Measure number.

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER:  10 copies (including an original) to Room 328 in the State Capitol;

WEB:     For testimony less than 10MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website after the hearing adjourns.  This public posting of testimony on the website should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6356 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live.  Check the current legislative broadcast schedule on the "Capitol TV" website at www.capitoltv.org or call 536-2100.

 

 

 

________________________________________

Rep. Faye Hanohano

Chair

 

________________________________________

Rep. Cindy Evans

Chair