STAND. COM. REP. NO.  205-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.B. No. 1808

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1808, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COASTAL AREAS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to preserve safe shoreline access by:

 

     (1)  Requiring landowners in shoreline areas to ensure that public transit beach corridors are passable and free from human-induced, enhanced, or unmaintained vegetation that blocks transit; and

 

     (2)  Authorizing the Department of Land and Natural Resources (DLNR) to require maintenance of public transit corridors by the adjacent landowner and to charge landowners for the cost of removal if the landowner fails to remove an obstruction.

 

     DLNR, the Office of Hawaiian Affairs, Kuli'ou'ou/Kalani Iki Neighborhood Board #2, Waialae-Kahala Neighborhood Board No. 3, Sierra Club-Hawaii Chapter, North Shore 'Ohana, and several concerned individuals supported this bill.  The Office of Planning supported this measure with amendments.  Several concerned individuals offered comments.

 

 

     Your Committee has amended this bill by:

 

     (1)  Expanding the areas covered under this measure to include all "transit areas and public transit corridors" and removing "lands seaward of the shoreline and in the state conservation district";

 

     (2)  Specifying that a landowner must remove an obstruction within 21 days of DLNR issuing a notice, or incur penalties;

 

     (3)  Clarifying fines for violation and non-compliance;

 

     (4)  Amending the definition of "shoreline" to specify that it's evidenced by the edge of natural vegetation and is never lower than the upper limit of debris from the wash of waves;

 

     (5)  Adding a landowners' failure to maintain vegetation in a public transit area or public transit corridor as a prohibition under the coastal zone management law;

 

     (6)  Changing the effective date to November 1, 2010; and

 

     (7)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1808, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1808, H.D. 2.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

JON RIKI KARAMATSU, Chair