STAND. COM. REP. NO. 3155

Honolulu, Hawaii

RE: H.B. No. 2547

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Water and Land, Agriculture and Environment, and Government Operations, to which was referred H.B. No. 2547, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO SUSTAINABILITY,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the Hawaii Sustainability Act to set forth sustainability goals for the State;

(2) Establish the Office of Sustainability to assist state agencies in accomplishing the sustainability goals under the Hawaii Sustainability Act;

(3) Establish and appropriate funds into the state sustainability special fund to support the work of the Office of Sustainability and sustainability initiatives, projects, and services; and

(4) Appropriate funds for the establishment of seven full-time equivalent permanent positions and the operating expenses of the Office of Sustainability.

Your Committees received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; Office of Planning; O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i; The Nature Conservancy; Hawaii Farm Bureau Federation; Hawai‘i Interfaith Power and Light; Ulupono Initiative; Hawaii Chapter of 350.org; Sierra Club of Hawai‘i; and fifteen individuals. Your Committees received comments on this measure from the Department of Budget and Finance, Department of the Attorney General, and State Procurement Office.

Your Committees find that the State faces a growing number of pressing issues, including the steady deterioration of public infrastructure, the lack of affordable housing, a continued reliance on a service-based economy, the vulnerability of Hawaii in a volatile global energy market, possible interruptions in travel and to critical food supplies, threats to fragile island ecosystems, ever increasing numbers of residents, and an increasing number of visitors over the long term. These issues all raise questions about the long-term limits of growth in the State and highlight the need for planning and implementation to assure Hawaii's future. This measure supports the development of a legal framework and foundation to assist in the development and implementation of sustainability planning, practices, and projects statewide.

Your Committees note the concerns raised by the Department of the Attorney General that this measure appears to duplicate some of the functions of the Office of Planning. The Office of Planning is responsible for providing technical assistance in administering the Hawaii State Plan under chapter 226, Hawaii Revised Statutes, and assisting the State in pursuing the seven major areas of statewide concern, including sustainability, to improve the quality of life for Hawaii's present and future populations. To avoid unnecessary duplication of services and programs as well as potential conflict, the Department of the Attorney General suggested establishing the Office of Sustainability with purposes and programs that are clearly distinguishable from the Office of Planning.

Your Committees further note that the Office of Planning employs a Sustainability Coordinator who is responsible for establishing statewide sustainability planning and implementing the State's sustainability goals and policies. However, the Sustainability Coordinator is the only individual in the Office who is responsible for sustainability issues and operates without a budget to pursue sustainability initiatives. Given the importance of sustainability for Hawaii, your Committees believe that, in lieu of establishing a new office for sustainability initiatives, the Office of Planning should incorporate a greater focus on sustainability under its duties and responsibilities.

Accordingly, your Committees have amended this measure by:

(1) Adding language to the preamble that indicates the reasons for incorporating sustainability duties and responsibilities with the duties and responsibilities of the Office of Planning;

(2) Deleting sections 3 through 5 and replacing them with language that:

(A) Amends chapter 225M, Hawaii Revised Statutes, to incorporate the duties and responsibilities relating to sustainability into the duties and responsibilities of the Office of Planning; and

(B) Makes conforming amendments to replace references to the "Office of Planning" with the "Office of Planning and Sustainability"; and

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

As affirmed by the records of votes of the members of your Committees on Water and Land, Agriculture and Environment, and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2547, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2547, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land, Agriculture and Environment, and Government Operations,

________________________________ MIKE GABBARD, Chair	________________________________ KARL RHOADS, Chair
	________________________________ DONNA MERCADO KIM, Chair