STAND. COM. REP. NO. 3331

Honolulu, Hawaii

RE: H.B. No. 2471

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 2471, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO INSPECTIONS ON PUBLIC LAND,"

begs leave to report as follows:

The purpose and intent of this measure is to establish a statutory framework for inspections of public land leases, licenses, and revocable permits by the Department of Land and Natural Resources; provided that:

(1) The inspections may be conducted by qualified third-party inspectors contracted by the Department of Land and Natural Resources but paid for by the lessee, licensee, or permittee, as applicable; and

(2) If the inspection identifies items needing repair or replacement, the lessee, licensee, or permittee shall be required to make the necessary repair or replacement at their expense or risk termination of their land disposition.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and one individual.

Your Committee finds that the House Investigative Committee established under House Resolution No. 164 of the 2021 Regular Session recommended that the Department of Land and Natural Resources (Department) select third-party inspectors to conduct physical inspections of leased properties at the expense of the lessee. The House Investigative Committee further recommended that the lessee be required to take any corrective actions recommended by the third-party inspector. This measure will improve public safety and ensure that public lands leased by the Department are well taken care of.

Your Committee has amended this measure by:

(1) Deleting all references to revocable permits;

(2) Deleting language that would have specified that notice of inspections shall be given in accordance with the terms and conditions of the lease, license, or revocable permit, or in writing in the event that the applicable disposition document is silent as to the notice required;

(3) Deleting language that would have specified that no notice shall be required for inspections conducted in response to an emergency; and

(4) Deleting the definition of "emergency".

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2471, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2471, H.D. 2, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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

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LORRAINE R. INOUYE, Chair