STAND. COM. REP. NO.  116

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 2145

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ocean, Marine Resources, & Hawaiian Affairs, to which was referred H.B. No. 2145 entitled:

"A BILL FOR AN ACT RELATING TO BEACHES,"

begs leave to report as follows:

The purpose of this measure is to specify that naturally occurring sand that is moved from a beach, stream mouth, or channel and used on an adjacent beach for sediment management, erosion management, and beach or dune restoration purposes is not a water pollutant that triggers Department of Health permit and water quality certification requirements.

The Hawaii Shore and Beach Preservation Association submitted testimony in support of this measure.  The Department of Health submitted testimony in opposition.  The Department of Land and Natural Resources submitted comments.

     Your Committee has amended this measure by:

     (1)  Clarifying that naturally occurring sand exempt from classification as a pollutant may be used on the beach or littoral cell adjoining the location from which it was moved;

     (2)  Changing its effective date to July 1, 2050, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Ocean, Marine Resources, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2145, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2145, H.D. 1, and be referred to your Committee on Energy & Environmental Protection.

Respectfully submitted on behalf of the members of the Committee on Ocean, Marine Resources, & Hawaiian Affairs,

____________________________

KANIELA ING, Chair