CONFERENCE COMMITTEE REP. NO. 101-14

Honolulu, Hawaii

                 , 2014

RE:    S.B. No. 632

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 632, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENTAL COURTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Establish environmental courts as divisions within the circuit courts to hear proceedings, including certain chapter 91, Hawaii Revised Statutes, proceedings arising from certain environmental laws; and

     (2)  Require the Judiciary to report to the Legislature the total number of environmental-related cases filed in the last five years.

     Your Committee on Conference finds that environmental disputes are currently dealt with in a variety of courts.  This organizational structure inadvertently promotes inconsistent application of the wide variety of environmental laws.  The continued maintenance and improvement of Hawaii's environment requires constant vigilance and continued stewardship to ensure its lasting beauty, cleanliness, and uniqueness and the stability of its natural systems, all of which enhance the mental and physical well-being of Hawaii's people.

     Your Committee on Conference has amended this measure by:

     (1)  Inserting findings related to the urgent need for environmental courts;

     (2)  Inserting language to require environmental courts to be created as divisions of district courts in addition to circuit courts;

     (3)  Inserting language to require the Chief Justice of the Supreme Court to designate an environmental judge or judges for each circuit and for a district court in each circuit;

     (4)  Clarifying that the Chief Justice may temporarily assign an environmental court judge to preside in another circuit when the chief justice determines that the urgency of one or more cases in the circuit court or district court or the volume of the cases in the circuit court or district court so requires;

     (5)  Clarifying that issues under the jurisdiction of the environmental courts may be assigned to the environmental courts from both circuit courts and district courts;

     (6)  Inserting language to require the Judiciary to convene a working group to make recommendations to the Chief Justice regarding the implementation of environmental courts within the circuit and district courts of the State;

     (7)  Clarifying that the term "environmental court" shall be substituted for the term "district court" in specified chapters of the Hawaii Revised Statutes;

     (8)  Changing the effective date to July 1, 2015; and

     (9)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 632, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 632, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CHRIS LEE, Co-Chair	____________________________ MIKE GABBARD, Chair
____________________________ KARL RHOADS, Co-Chair	____________________________ CLAYTON HEE, Co-Chair
____________________________ NICOLE E. LOWEN, Co-Chair