Honolulu, Hawaii

                , 2021


RE:   H.B. No. 1148

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




     Your Committee on Water & Land, to which was referred H.B. No. 1148 entitled:




begs leave to report as follows:


     The purpose of this measure is to authorize the Board of Land and Natural Resources to adopt, amend, and repeal administrative fees, without regard to chapter 91, Hawaii Revised Statutes, for the various divisions within the Department of Land and Natural Resources by formal board action at a publicly noticed meeting.


     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and one individual.  Your Committee received comments on this measure from the Ocean Tourism Coalition, HFACT, and one individual.


     Your Committee finds that the current process for implementing fee schedules through chapter 91, Hawaii Revised Statutes, does not allow for changes to fee structures in response to rapidly-shifting economic conditions or changing environmental,  social, and community circumstances that are addressed and managed by the Department of Land and Natural Resources.  This measure will provide the Department with the flexibility it needs while still providing transparency and public engagement as required for Board of Land and Natural Resources' meetings under the State's open meeting law requirements.


     Your Committee has amended this measure by:


     (1)  Clarifying that all Department of Land and Natural Resources fees established by rule at or prior to the date of enactment of this measure may be deleted by rule and adopted as an approved administrative fee schedule without the need to comply with the requirements of chapter 91, Hawaii Revised Statutes;


     (2)  Changing its effective date to January 1, 2050, to encourage further discussion; and


     (3)  Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.


     Your Committee urges the Department of Land and Natural Resources to consult with the Small Business Regulatory Review Board before increasing any administrative fees under the system proposed in this measure.


     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1148, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1148, H.D. 1, and be referred to your Committee on Finance.



Respectfully submitted on behalf of the members of the Committee on Water & Land,