STAND. COM. REP. NO. 1014

Honolulu, Hawaii

, 2021

RE: S.B. No. 2

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Housing and Water & Land, to which was referred S.B. No. 2, S.D. 2, entitled:

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

beg leave to report as follows:

The purpose of this measure is to:

(1) Exempt lands set aside by the Governor to the Hawaii Housing Finance and Development Corporation and lands leased to the Hawaii Housing Finance and Development Corporation by state departments or agencies, from the definition of "public lands";

(2) Require those lands to be subject to legislative approval prior to the sale or gift of those lands; and

(3) Require state department or agency lands leased to the Hawaii Housing Finance and Development Corporation that are no longer needed for housing, finance, or development to be returned to the state department or agency that leased the lands to the Hawaii Housing Finance and Development Corporation.

Your Committees received testimony in support of this measure from the Hawaii Housing Finance and Development Corporation and two individuals. Your Committees received testimony in opposition to this measure from the Office of Hawaiian Affairs, one member of the Maui County Council, Native Hawaiian Legal Corporation, Council for Native Hawaiian Advancement, Kanaeokana Kula Hawai‘i Network, Hawaiian Affairs Caucus of the Democratic Party of Hawaii, and numerous individuals.

Your Committees find that this measure expands the Hawaii Housing Finance and Development Corporation's statutory exemption from the definition of "public lands" to include lands that are set aside to the Hawaii Housing Finance and Development Corporation by Executive Order or leased from another state department or agency. This measure is intended to help streamline the development of affordable housing on state lands by minimizing the number of approvals required by the Department of Land and Natural Resources.

Your Committees have amended this measure by:

(1) Requiring the Hawaii Housing Finance and Development Corporation to submit certain documentation to the Office of Hawaiian Affairs regarding government or crown lands set aside or leased to the Hawaii Housing Finance and Development Corporation prior to the Corporation developing or financing affordable housing development on those lands; and

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

As affirmed by the records of votes of the members of your Committees on Housing and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________ DAVID A. TARNAS, Chair

____________________________ NADINE K. NAKAMURA, Chair