STAND. COM. REP. NO. 287-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 2332

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 2332 entitled:

"A BILL FOR AN ACT RELATING TO EASEMENTS,"

begs leave to report as follows:

The purpose of this measure is to exempt the granting of easements on public lands from formal subdivision process and approval requirements, including requirements for surveying and formalizing easements.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaii Cattlemen's Council, Inc.; Hawaii Farm Bureau; Hawaii Aquaculture & Aquaponics Association; and two individuals. Your Committee received testimony in opposition to this measure from the Department of Planning and Permitting of the City and County of Honolulu.

Your Committee finds that this measure is intended in part to facilitate the transfer of non-agricultural park lands from the Department of Land and Natural Resources to the Department of Agriculture pursuant to Act 90, Session Laws of Hawaii 2003, where both agencies have agreed to the transfer but the lack of a documented easement across the land has impeded the transfer.

Your Committee has amended this measure by:

(1) Allowing, rather than requiring, the granting of easements on public lands to be exempted from formal subdivision process and approval requirements, including requirements for surveying and formalizing easements;

(2) Allowing the government agency that grants the easements to notify in writing the county with jurisdiction to process and approve the easements of the government agency's intent to invoke this exemption;

(3) Changing its effective date to July 1, 2050, to encourage further discussion; and

(4) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2332, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2332, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

DAVID A. TARNAS, Chair