CONFERENCE COMMITTEE REP. NO. 123

Honolulu, Hawaii

, 2023

RE: H.B. No. 1134

H.D. 2

S.D. 1

C.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1134, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO KANEOHE BAY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Prohibit commercial ocean use activities within Kaneohe Bay waters without a permit and the advertising of those unpermitted activities; and

(2) Establish enforcement mechanisms for the prohibitions.

Your Committee on Conference has amended this measure by:

(1) Removing the proposed requirement for the Department of Land and Natural Resources to adopt rules to prescribe any other procedures determined by the Department in its experience and discretion to effectuate the intent of the Boating Law under chapter 200, Hawaii Revised Statutes, and the Kaneohe Bay Master Plan;

(2) Clarifying that no person can advertise or otherwise offer any equipment for a commercial ocean use activity without a permit from the Department of Land and Natural Resources;

(3) Removing from the definition of "commercial ocean use activity" the transportation of customers for hire from any location on Oahu, including but not limited to Heeia Kea, the Kaneohe Yacht Club, or any private residence, to Kaneohe Bay;

(4) Changing its effective date to July 1, 2023; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1134, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1134, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ LORRAINE R. INOUYE Chair	____________________________ LINDA ICHIYAMA Co-Chair
____________________________ JARRETT KEOHOKALOLE Co-Chair	____________________________ DAVID A. TARNAS Co-Chair
____________________________ CHRIS LEE Co-Chair	____________________________ LISA KITAGAWA Co-Chair