STAND. COM. REP. NO. 566

Honolulu, Hawaii

RE: S.B. No. 1404

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 1404 entitled:

"A BILL FOR AN ACT RELATING TO HONOKOHAU SMALL BOAT HARBOR,"

begs leave to report as follows:

The purpose and intent of this measure is to establish a working group to manage the Honokohau Small Boat Harbor with the oversight and assistance of the Department of Land and Natural Resources' Division of Boating and Ocean Recreation, to dissolve on June 30, 2026.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Land and Natural Resources and Surfrider Foundation's Kona Kai Ea Chapter.

Your Committee finds that the Department of Land and Natural Resources' Division of Boating and Ocean Recreation has already formed the Honokohau Small Boat Harbor Working Group (working group), which held its first meeting in August 2018. This measure establishes the working group in statute, formalizes its ongoing efforts to function as the management authority for the Honokohau Small Boat Harbor, and enables the continued collaboration needed to support the economic opportunities for the community served by the Honokohau Small Boat Harbor.

Your Committee, however, notes the concerns raised in testimony that formalizing the working group, especially to function as the management authority for the Honokohau Small Boat Harbor, may supersede the function of a government agency, namely the Department of Land and Natural Resources, to lease its assets to a private entity. Your Committee finds this concern holds merit and to the extent this measure allows the working group to explore the private-public framework, your Committee recognizes that all lease arrangements continue to rest with the Department of Land and Natural Resources.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1404 and recommends that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.

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

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LORRAINE R. INOUYE, Chair