STAND. COM. REP. NO. 43-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 1932

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1932 entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF TRANSPORTATION,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Authorize the Department of Transportation to acquire any real, personal, or mixed property for immediate or future use; own, hold, improve, rehabilitate, sell, assign, exchange, transfer, convey, lease, or dispose of any real, personal, or mixed property acquired; and acquire by condemnation real property for immediate or future use;

(2) Amend the definition of "public lands" to exclude lands to which the Department of Transportation holds title; and

(3) Authorize the Department of Transportation to directly acquire any real property for its purposes.

Your Committee received testimony in support of this measure from the Department of Transportation and Signature Aviation. Your Committee received testimony in opposition to this measure from Na Iwi Kupuna and one individual. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that under existing law, the Board of Land and Natural Resources possesses the exclusive responsibility for acquiring real property in the State, with certain exceptions. Your Committee further finds that because the Board of Land and Natural Resources is the title holder, they must be involved in the review and approval of leases for property operated solely by the Department of Transportation, such as the State's airports. This process often leads to delays and inefficiencies in the Department of Transportation's administration of the State's airports and harbors. Your Committee believes that allowing the Department of Transportation to acquire and manage real property on its own behalf will streamline many of the administrative processes related to the management and improvement of the State's transportation network and enable the Department to provide a safe, efficient, accessible, and sustainable transportation system.

Your Committee has amended this measure by:

(1) Deleting language that would have permitted the Department of Transportation to acquire lands through condemnation that were already devoted to public use;

(2) Changing the effective date to July 1, 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 Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1932, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1932, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

CHRIS TODD, Chair