STAND. COM. REP. NO. 473

Honolulu, Hawaii

RE: S.B. No. 1224

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs, Housing, and Water and Land, to which was referred S.B. No. 1224 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY,"

beg leave to report as follows:

The purpose and intent of this measure is to exclude lands set aside by the Governor to the Hawaii Public Housing Authority, and lands to which the Hawaii Public Housing Authority holds title, from the definition of "public lands" under the jurisdiction of the Board of Land and Natural Resources.

Your Committees received testimony in support of this measure from the Hawaii Public Housing Authority and one individual.

Your Committees find that the Hawaii Public Housing Authority titled lands were previously exempt from the definition of "public lands" under section 171-2, Hawaii Revised Statutes, when those lands were held by the Authority's predecessor agencies, the Housing and Community Development Corporation of Hawaii and the Hawaii Housing Authority. After the Housing and Community Development Corporation of Hawaii was bifurcated into two separate agencies, an exemption for Hawaii Public Housing Authority titled lands was inadvertently excluded from the list of lands exempt from the definition of "public lands" under section 171-2, HRS.

Your Committees further find that the Hawaii Public Housing Authority is authorized to acquire, own, and hold real property pursuant to section 356D-8, HRS, and its federal low-income public housing properties are under a federal annual contributions contract with the federal government. Thus, its titled lands do not fall under the jurisdiction of the State's public lands and should be exempt from the definition of "public lands" and the jurisdiction of the Board of Land and Natural Resources to avoid delays in redevelopment projects.

Your Committees have amended this measure by:

(1) Clarifying that lands set aside by the Governor to the Hawaii Public Housing Authority and lands to which the Authority holds title are exempt from public lands under the oversight of the Board of Land and Natural Resources, provided that the Authority shall not sell those lands in fee simple; and

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

Your Committees note that removing the Hawaii Public Housing Authority from oversight of the Board of Land and Natural Resources has raised some concerns about possible unintended consequences and stakeholders will continue to work with the Hawaii Public Housing Authority to clarify those issues in ongoing discussions as this measure moves forward.

As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs, Housing, and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1224, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1224, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs, Housing, and Water and Land,

________________________________ STANLEY CHANG, Chair	________________________________ MAILE S.L. SHIMABUKURO, Chair
	________________________________ KAIALI'I KAHELE, Chair