STAND. COM. REP. NO. 143

Honolulu, Hawaii

RE: S.B. No. 1095

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 S.B. No. 1095 entitled:

"A BILL FOR AN ACT RELATING TO COASTAL ZONE MANAGEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to add to the list of exceptions from the special management area definition of "development" certain activities related to pedestrian and bicycle facilities, trash removal, invasive vegetation control, fencing for invasive species control and native habitat preservation, access devices and utilities, and lighting fixtures at existing public recreation facilities.

Your Committee received testimony in support of this measure from the Office of Planning and Sustainable Development, University of Hawai‘i System, and one individual.

Your Committee finds that targeted amendments to the definition of "development" as it relates to special management areas will promote, not undercut, the environmental controls and quality that special management area regulations are intended to protect. Currently, the broad definition of "development" can result in a special management area use permit review being required for improvements, facilities, and incidental structures that may not warrant such intense scrutiny nor the economic burdens of the rising costs of labor, building materials, and delays that go along with it. Therefore, this measure adds to the list of exceptions from the special management area definition of "development" certain activities related to pedestrian and bicycle facilities, trash removal, invasive vegetation control, fencing for invasive species control and native habitat preservation, access devices and utilities, and lighting fixtures at existing public recreation facilities.

Your Committee has amended this measure by:

(1) Removing the addition of improvements; construction of pedestrian and bicycle facilities; the placement of barriers for the control of vehicle movement; and removal of fences, walls, or barriers and replacement with gates or other access devices and associated minor improvements for inspection and maintenance of utilities from the list of excepted activities in the definition of "development" within special management areas;

(2) Specifying that the exception for the installation, maintenance, repair, and replacement of existing lighting, fixtures, and equipment to establish compliance with current standards applies to existing public facilities, not just recreation facilities;

(3) Adding Hawaiian traditional and customary practices to the list of excepted activities;

(4) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(5) 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 S.B. No. 1095, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1095, 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