STAND. COM. REP. NO. 161

Honolulu, Hawaii

RE:    S.B. No. 1027

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committees on Water and Land and Economic Development, Government Operations and Housing, to which was referred S.B. No. 1027 entitled:

"A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Specify that a development by a state agency on state land within the special management area need not obtain a permit or shoreline setback variance, if the development meets certain requirements; and

     (2)  Allow state agencies with developments on state land to either self certify compliance with the coastal zone management law, obtain a federal consistency concurrence pursuant to federal regulations, or continue to go through the special management area permitting and shoreline setback variance processes if they prefer.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources; Office of Planning; Department of Business, Economic Development, and Tourism; The Chamber of Commerce of Hawaii; BIA-Hawaii; Marine and Coastal Zone Advocacy Council (Ke Kahu O Na Kumu Wai), and Indigenous Consultants, LLC.  Your Committees received testimony in opposition to this measure from four individuals.  Your Committees received comments on this measure from the Office of Hawaiian Affairs.

     Your Committees find that state consistency review and certification will help the State expeditiously deliver capital improvement projects and repair and maintenance projects without sacrificing coastal resources.

     This measure provides a streamlined review process for development by a state agency on state land within the special management area, in place of a county approved special management area permit and shoreline setback variance.  The special management area permitting system, managed by the counties and overseen by the Office of Planning, is part of the federally approved Hawaii coastal zone management program.  The special management area permitting process involves public hearings by the county planning commissions or the Honolulu City Council and may involve contested case hearings.

     As affirmed by the records of votes of the members of your Committees on Water and Land and Economic Development, Government Operations and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1027 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Economic Development, Government Operations and Housing,

____________________________ DONOVAN M. DELA CRUZ, Chair

____________________________ MALAMA SOLOMON, Chair