STAND. COM. REP. NO. 1235

Honolulu, Hawaii

, 2023

RE: S.B. No. 298

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred S.B. No. 298, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Authorize the Hawaii Emergency Management Agency to:

(A) Acquire any real, personal, or mixed property for the Agency's immediate or future use;

(B) Own, hold, improve, rehabilitate, sell, assign, exchange, transfer, convey, lease, or dispose of any real, personal, or mixed property acquired; and

(C) Acquire by condemnation real property for the Agency's immediate or future use; and

(2) Excludes from the definition of "public lands" any lands to which the Hawaii Emergency Management Agency holds title.

Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs, UNITE HERE Local 5, and one individual. Your Committee received comments on this measure from the Hawai‘i Emergency Management Agency.

Your Committee finds that this measure will help the Hawaii Emergency Management Agency implement hazard mitigation efforts more efficiently and effectively by providing the Agency with additional flexibility to protect the people and property of the State.

Your Committee has amended this measure by:

(1) Clarifying that lands to which the Hawaii Emergency Management Agency holds title, except crown and government lands, commonly referred to as "ceded lands", that were conveyed to the State by the Admission Act of 1959, are excluded from the definition of "public lands";

(2) Changing the effective date to June 30, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 298, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 298, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

LINDA ICHIYAMA, Chair