STAND. COM. REP. NO. 1149

Honolulu, Hawaii

RE: H.B. No. 365

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. 365, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL MANAGEMENT AREAS,"

begs leave to report as follows:

The purpose and intent of this measure is to expand the list of exclusions from the definition of "development" as it applies to special management areas to reduce the need for special management area permits for certain activities.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Office of Planning and Sustainable Development, Maui Metropolitan Planning Organization, Office of the Mayor of the County of Maui, Department of Planning and Permitting of the City and County of Honolulu, and one member of the Maui County Council.

Your Committee finds that targeted amendments to the definition of "development" as it relates to special management areas will promote, not weaken, the environmental controls that special management area regulations are intended to protect. Under existing law, the broad definition of "development" can trigger a mandatory special management area use permit review for the installation, maintenance, and repair of minor improvements and incidental structures and for trash and vegetation removal that do not generally warrant such intense scrutiny, which can be both costly and time consuming. Therefore, this measure establishes additional exclusions from the definition of "development" to hone and refine the existing law.

Your Committee has amended this measure by exempting "incidental ground disturbances" related to trash removal or invasive vegetation removal from the definition of "development".

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. 365, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 365, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

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

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LORRAINE R. INOUYE, Chair