STAND. COM. REP. NO. 3153

Honolulu, Hawaii

RE: S.B. No. 2036

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2036, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Include lands that are set aside by the Governor to the Hawaii Housing Finance and Development Corporation (HHFDC) and lands leased to the HHFDC by any department or agency of the State within the exceptions to the definition of "public lands"; and

(2) Require that lands set aside by the Governor to the HHFDC be returned to the public trust administered by the Department of Land and Natural Resources and lands leased to the HHFDC by any department or agency of the State be returned to that department or agency whenever the HHFDC no longer needs the lands for housing, finance, and development purposes.

Your Committee received testimony in support of this measure from the Hawaii Housing Finance and Development Corporation, Land Use Research Foundation of Hawaii, Imua Alliance, and a private individual. Your Committee received testimony in opposition to this measure from a private individual. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that the State is experiencing a severe shortage of affordable housing. Your Committee further finds that under existing law, only lands to which the HHFDC holds title are excluded from the definition of "public lands", which does not take into consideration other forms of lands that the HHFDC is developing. This measure would expand the exclusion from the definition of "public lands" to include lands that the Governor has set aside to the HHFDC and lands leased to the HHFDC by a department of the State, for the primary purpose of developing affordable housing, thereby allowing for expediting the development of housing on lands held by HHFDC.

Your Committee has amended this measure by inserting an effective date of June 18, 2050, to encourage further discussion.

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 S.B. No. 2036, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2036, S.D. 2.

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

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KARL RHOADS, Chair