CONFERENCE COMMITTEE REPORT NO.60

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 1711
                                  H.D. 2
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 1711, H.D. 2, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO KANEOHE BAY,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to resolve the regulation of
piers in Kaneohe Bay by:

     
     (1) Designating any unpermitted pier in Kaneohe Bay existing
         in whatever form on the effective date of this Act as a
         nonconforming use;

     (2) Eliminating the requirement that all sunbathing and
         swimming piers built on submerged lands be open to the
         public and have signs placed on them indicating the
         public's right to use the pier;

 
 
                            CONFERENCE COMMITTEE REPORT NO.60
                            Page 2



     (3) Including private residential noncommercial piers as
         items not requiring prior legislative and gubernatorial
         approval of lease and easement dispositions;

     (4) Expunging any related penalties assessed prior to
         enactment of the measure;

     (5) Establishing a lease rent moratorium on the submerged
         lands and the private residential noncommercial piers
         thereon in Kaneohe Bay, located offshore of property
         between Kealohi Point and Nuupia Pond, until the
         Department of Land and Natural Resources adopts a
         residential pier lease rent formula; and

     (6) Requiring the Department of Land and Natural Resources
         to establish an equitable solution for lessees who have
         been paying lease rent on submerged lands and the
         private residential noncommercial piers thereon in
         Kaneohe Bay, located offshore of property between
         Kealohi Point and Nuupia Pond, which may include the
         issuance of a lease rent credit.

     After careful consideration, your Committee on Conference
has amended this bill by:

     (1) Deleting the reference to Chapter 91, Hawaii Revised
         Statutes, in Section 5(a);

     (2) Clarifying the nonconforming use provision to expunge
         penalties only for pier-related violations; and

     (3) Making technical, nonsubstantive changes for purposes of
         style and clarity.

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 1711, H.D. 2, S.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 1711, H.D. 2, S.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
COLLEEN HANABUSA, Co-Chair         ROY M. TAKUMI, Co-Chair

 
                            CONFERENCE COMMITTEE REPORT NO.60
                            Page 3



                                   
                                   
                                   
______________________________     ______________________________
LORRAINE R. INOUYE, Co-Chair       BRIAN SCHATZ, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ANDREW LEVIN, Co-Chair             KENNY GOODENOW, Member
                                   
                                   
                                   
______________________________     ______________________________
JAN YAGI BUEN, Member              EZRA R. KANOHO, Member
                                   
                                   
                                   
______________________________     ______________________________
JONATHAN CHUN, Member              BARBARA MARUMOTO, Member



______________________________
MARSHALL IGE, Member



______________________________
BOB NAKATA, Member



______________________________
JOE TANAKA, Member



______________________________
WHITNEY ANDERSON, Member