STAND. COM. REP. NO. 1223

Honolulu, Hawaii

RE: H.B. No. 1200

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 1200, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE CONSERVATION AND RESOURCES ENFORCEMENT PROGRAM,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Department of Land and Natural Resources to establish an unmanned aircraft systems program;

(2) Authorize Division of Conservation and Resources Enforcement officers to use unmanned aircraft systems; and

(3) Require the Department of Land and Natural Resources to submit a biennial report of the effectiveness of the unmanned aircraft systems program to the Legislature.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawai‘i Reef and Ocean Coalition; Hawaii Marine Education and Research Center; Kauhakō Ohana Association; Kua ‘Āina Ulu ‘Auamo; The Nature Conservancy; Mālama Pūpūkea-Waimea; Skydio, Inc.; and four individuals.

Your Committee finds that the Department of Land and Natural Resources faces challenges in investigating and prosecuting natural resource violations due to the fact that many of the lands and waters under the jurisdiction of the Department are located in remote or inaccessible areas. Your Committee further finds that unmanned aircraft systems, commonly known as drones, can provide a unique solution to this problem, as their ability to remotely fly into difficult-to-access locations makes them well-suited for monitoring and recording violators and capturing before-and-after images of impacted natural environments. Therefore, this measure will provide the Department and its conservation enforcement officers with an innovative, efficient, and cost-effective method to deter illegal conduct on public lands and waters and obtain admissible evidence for enforcement proceedings.

Your Committee has amended this measure by:

(1) Inserting language prohibiting the Department of Land and Natural Resources from purchasing, operating, or otherwise acquiring or using unmanned aircraft systems manufactured or assembled by a covered foreign entity and defining "covered foreign entity";

(2) Requiring the Department of Land and Natural Resources to submit an annual report to the Legislature on the effectiveness of the unmanned systems program beginning on January 1, 2026, rather than a biennial report beginning on January 1, 2027;

(3) Amending section 1 to reflect its amended purpose; and

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

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 H.B. No. 1200, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1200, H.D. 1, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

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

________________________________

LORRAINE R. INOUYE, Chair