STAND. COM. REP. NO.280

Honolulu, Hawaii

, 2001

RE: H.B. No. 538

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 538 entitled:

"A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Clarify that the Office of Planning as the lead agency has the responsibility of maintaining a public advisory body; and that the body is advisory to the lead agency and the Coastal Zone Management Program;

(2) Clarify the lead agency's responsibility to review federal programs, permits, licenses and development proposals;

(3) Change the size and composition of the "public advisory body" from 20 to 12 non-governmental members;

(4) Clarify exempt activities under "development";

(5) Increase the cost threshold for development permits; and

(6) Increase the penalties for violating Parts II and III.

Supporting testimony was received from the Office of Planning, City & County of Honolulu's Department of Planning and Permitting, County of Hawaii Planning Department, County of Maui Department of Planning, the non-governmental subcommittee of the Marine and Coastal Zone Management advisory Group, Land Use Research Foundation of Hawaii, and the Hawaii Leeward Planning Conference. The Sierra Club offered its support with suggested amendments. A Maui County Council member offered comments.

Your Committee has amended this measure by:

(1) Reducing the proposed cost threshold for development permits from $165,000 to $150,000, which is more consistent with inflation;

(2) Deleting the provision that would have allowed the construction of a second single-family residence as an exempt activity under the definition of "development;" and

(3) Making technical, nonsubstantive amendments for the purpose of clarity.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 538, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 538, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

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

____________________________

EZRA KANOHO, Chair