STAND. COM. REP. NO. 709-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 2275

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2275, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require that private streets, highways, or thoroughfares used by the public in a commercial development district of the Hawaii Community Development Authority conform to county construction and maintenance standards;

(2) Make owners, who exercise ownership rights for financial gain or profit, of those private streets, highways, or thoroughfares responsible for the costs of conforming and maintaining the private roads to county standards; and

(3) Establish a private right of action to enforce compliance with county construction and maintenance standards.

The Department of Transportation, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii, and a concerned individual supported this measure. Two concerned individuals opposed this measure. The Hawaii Community Development Authority, Land Use Research Foundation of Hawaii, Bank of Hawaii, and Hawaii Gas provided comments.

Your Committee has amended this measure by:

(1) Removing the provisions that established a private right of action;

(2) Clarifying that this measure applies only to the Kakaako Community Development District;

(3) Specifying that any owner who charges a fee for the use of a private street, highway, or thoroughfare is responsible for conformance and maintenance; and

(4) Exempting private streets, highways, or thoroughfares used solely by the owner or employees of the owner.

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 H.B. No. 2275, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2275, H.D. 2.

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

____________________________

SCOTT Y. NISHIMOTO, Chair