STAND. COM. REP. NO.  1170-14

Honolulu, Hawaii

                , 2014

RE:   S.B. No. 632

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 632, S.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to protect Hawaii's natural environment through consistent and uniform application of environmental laws by establishing environmental courts as divisions of the State's circuit courts to have exclusive, original jurisdiction over proceedings arising from specified environmental matters.

The Office of Hawaiian Affairs; Kipahulu Ohana, Inc.; Keep the Hawaiian Islands Beautiful; International Coastal Cleanup; Laakea Community, LLC; Zero Waste Kauai; Outdoor Circle; Hedonisia Hawaii Sustainable Community; and numerous concerned individuals testified in support of this measure.  The Chamber of Commerce Hawaii, General Contractors Association of Hawaii, Building Industry Association of Hawaii, Land Use Research Foundation of Hawaii, Hawaii Cattlemen's Council, Hawaii Farm Bureau, and Hawaii Operating Engineers Industry Stabilization Fund testified in opposition to this bill.  The Judiciary, Department of Land and Natural Resources, and Office of Planning provided comments.

     Your Committee has amended this measure by:

     (1)  Specifying that if there is not an adequate number of environmental cases to provide an environmental court judge with a full-time docket, the judge may hear cases arising from other areas of law; and

     (2)  Making the effective date January 1, 2100, to promote further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 632, S.D. 2, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 632, S.D. 2, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair