STAND. COM. REP. NO. 261-18

 

Honolulu, Hawaii

, 2018

 

RE: H.B. No. 2275

H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

Your Committees on Water & Land and Transportation, to which was referred H.B. No. 2275 entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY,"

 

beg leave to report as follows:

 

The purpose of this measure is to:

 

(1) Require that private streets, highways, or thoroughfares used by the public in a development district of the Hawaii Community Development Authority conform to county construction and maintenance standards;

 

(2) Make owners of those private streets, highways, or thoroughfares responsible for the costs of conforming and maintaining the private roads to county standards; and

 

(3) Establish a private right of action to enforce compliance with county construction and maintenance standards.

 

The Department of Transportation, Hawaiian Civic Club of Honolulu, Hawaii Energy Policy Forum, U. Oaka & Co., Ltd., Musicians' Association of Hawaii, Macdonald & Porter Inc., and several individuals supported this measure. The Department of Facility Maintenance of the City and County of Honolulu opposed this measure. Bank of Hawaii, Land Use Research Foundation, and an individual provided comments.

 

Your Committees have amended this measure by:

 

(1) Limiting its application to private streets, highways, or thoroughfares in a commercial development district of the Hawaii Community Development Authority;

 

(2) Limiting responsibility for construction and maintenance costs to private street owners who exercise ownership rights for financial gain or profit; and

 

(3) Changing its effective date to July 1, 2050, to encourage further discussion.

 

Your Committees note that the intent of limiting the scope on financial gain or profit is to apply to parking, parking meters, permits, towing, and other street uses.

 

As affirmed by the records of votes of the members of your Committees on Water & Land and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2275, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2275, H.D. 1, and be referred to your Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committees on Water & Land and Transportation,

 

 

____________________________

HENRY J.C. AQUINO, Chair

 

____________________________

RYAN I. YAMANE, Chair