STAND. COM. REP. NO. 2364

Honolulu, Hawaii

RE: S.B. No. 2953

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 Transportation and Energy and Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2953 entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to require private streets, highways, or thoroughfares in a development district of the Hawaii Community Development Authority to conform to county highway construction and maintenance standards and allow private civil injunctive actions in circuit court to enforce compliance.

Your Committees received testimony in support of this measure from the Department of Transportation, Kaka‘ako United, Musicians' Association of Hawaii, and one individual. Your Committees received testimony in opposition to this measure from the City and County of Honolulu. Your Committees received comments on this measure from the Bank of Hawaii, Land Use Research Foundation of Hawaii, and one individual.

Your Committees find that the intent of this measure is to ensure that private streets, highways, and thoroughfares do not fall into disrepair is well-intentioned. Currently, numerous streets in the Kaka‘ako Community Development District are privately owned and in disrepair, with large potholes that are unsafe to vehicles and pedestrians. However, your Committees note that the current language allows for ambiguity, particularly with respect to roads where ownership is in dispute.

Your Committees have amended this measure by clarifying that this measure applies to owners who exercise ownership for financial gain or profit in commercial development districts.

As affirmed by the records of votes of the members of your Committees on Transportation and Energy and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2953, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2953, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation and Energy and Public Safety, Intergovernmental, and Military Affairs,

________________________________ CLARENCE K. NISHIHARA, Chair

________________________________ LORRAINE R. INOUYE, Chair