STAND. COM. REP. NO. 1904

 

Honolulu, Hawaii

 

RE: H.B. No. 1586

H.D. 1

S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

Your Committees on Energy, Economic Development, and Tourism, Government Operations, and Ways and Means, to which was referred H.B. No. 1586, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE STRUCTURE OF GOVERNMENT,"

 

beg leave to report as follows:

 

The purpose and intent of this measure is to:

 

(1) Establish the Hawaii State Energy Office within the Department of Business, Economic Development, and Tourism;

 

(2) Establish the position of Deputy Director of Energy;

 

(3) Repeal the establishment of the Energy Resources Coordinator position and transfer the duties and responsibilities of the Energy Resources Coordinator, which are currently assigned to the Director of Business, Economic Development, and Tourism, to the Deputy Director of Energy; and

 

(4) Amend the allowable uses of the energy security special fund.

 

Your Committees did not receive any testimony on this measure.

 

Prior to decision making on this measure, your Committees posted and made available for public review a proposed S.D. 2, which deletes the contents of this measure and inserts the contents of S.B. No. 1530, S.D. 3, with further amendments. Specifically, the proposed S.D. 2:

 

(1) Establishes the stadium development district, which includes all state property under the jurisdiction of the stadium authority;

 

(2) Transfers title of lands under the jurisdiction of the Stadium Authority to the Hawaii Community Development Authority;

 

(3) Authorizes the issuance of general obligation bonds and reimbursable general obligation bonds and appropriates funds;

 

(4) Exempts the stadium development district from community development plan requirements;

 

(5) Exempts lands to which the Stadium Authority holds title from the definition of "public lands" subject to chapter 171, Hawaii Revised Statutes, but establishes certain restrictions on leases within the stadium development district; and

 

(6) Authorizes the Department of Land and Natural Resources to give written concurrence, based on a phased review, on any project in the stadium development district for historical preservation purposes.

 

Your Committees received testimony in support of the proposed S.D. 2 from the Department of Accounting and General Services, Stadium Authority, University of Hawaii System, Chamber of Commerce Hawaii, and Building Industry Association of Hawaii. Your Committees received testimony in opposition to the proposed S.D. 2 from the Department of Planning and Permitting of the City and County of Honolulu and League of Women Voters. Your Committees received comments on the proposed S.D. 2 from the Department of Land and Natural Resources and Hawaii Community Development Authority.

 

Your Committees find that the redevelopment of lands under the jurisdiction of the Stadium Authority could benefit from the administration of the Hawaii Community Development Authority. Your Committees also find that, as significant public outreach and studies have already occurred, a stadium development district may be formed that is exempt from community development plan requirements. Your Committees seek to ensure continued public participation in this project by requiring decisions regarding the project that may have a significant impact on the community or environment to be made by the Stadium Authority at a public meeting.

 

Your Committees note that all lands in the stadium development district are state lands over which the State already has oversight. Furthermore, the Stadium Authority is subject to the Sunshine Law and therefore affected communities or interested parties will have an opportunity to be informed about and participate in the process of development of the stadium development district.

 

Your Committees have amended this measure by adopting the proposed S.D. 2 and further amending the measure by:

 

(1) Requiring the Stadium Authority and Hawaii Community Development Authority to execute a memorandum of agreement with appropriate state agencies to effectuate the restrictions and provisions on leases within the stadium development district;

 

(2) Clarifying development guidance policies governing the Executive Director of the Hawaii Community Development Authority's actions in the stadium development district to specify that endangered species of flora and fauna shall be preserved as required by state and federal law;

 

(3) Deleting language that would have authorized the Department of Land and Natural Resources to give written concurrence, based on a phased review, on any project in the stadium development district for historical preservation purposes;

 

(4) Specifying that the disposition of certain lands or any improvements thereon shall be done consistently with the terms, conditions, restrictions, and uses applicable to the disposition of public lands;

 

(5) Requiring the legal instrument that transfers the fee simple interest in all land under the control or jurisdiction of the Stadium Authority from the Department of Land and Natural Resources to the Stadium Authority to prohibit the Stadium Authority from relinquishing the State's title to any ceded lands; and

 

(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

Although this measure, as amended, indicates that the disposition of lands exempt from the definition of "public lands" in chapter 171, Hawaii Revised Statutes, or any improvements thereon, shall be done consistently with the terms, conditions, restrictions, and uses applicable to the disposition of public lands, your Committees note its intent is to apply this requirement to only those lands to which the Stadium Authority holds title.

 

As affirmed by the records of votes of the members of your Committees on Energy, Economic Development, and Tourism, Government Operations, and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1586, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1586, H.D. 1, S.D. 2.

 


Respectfully submitted on behalf of the members of the Committees on Energy, Economic Development, and Tourism, Government Operations, and Ways and Means,

 

________________________________

LAURA H. THIELEN, Chair

 

________________________________

GLENN WAKAI, Chair

 

 

________________________________

DONOVAN M. DELA CRUZ, Chair