STAND. COM. REP. NO.2288
RE: S.B. No. 2898
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committees on Water, Land, Energy and Environment and Hawaiian Affairs, to which was referred S.B. No. 2898 entitled:
"A BILL FOR AN ACT RELATING TO CAVE PROTECTION,"
beg leave to report as follows:
The purpose of this measure is to protect caves as unique cultural and natural resources of the State of Hawaii.
Testimony in support of this measure was received from the Department of Land and Natural Resources, Department of Transportation, Hawaii Leeward Planning Conference, and one individual. The Office of Information Practices submitted comments.
Your Committees find that this measure is the first step in protecting an often hidden, fragile natural and cultural resource. While there is general support for the importance of such a step, implementation and enforcement will require considerable effort on the part of many parties.
Your Committees are supportive of this measure and have amended it by:
(1) Adding a definition of "construction context";
(2) Clarifying that prohibitions shall not apply to caves inadvertently encountered during normal construction context;
(3) Grandfathering lawfully authorized commercial cave visiting operations;
(4) Requiring that written permission of the landowner be obtained prior to accessing a cave;
(5) Requiring burial discoveries be reported as required under section 6E-43.6, Hawaii Revised Statutes; and
(6) Making other technical, nonsubstantive changes for clarity.
As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2898, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2898, S.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Water, Land, Energy and Environment and Hawaiian Affairs,
JONATHAN CHUN, Chair
LORRAINE R. INOUYE, Chair