STAND. COM. REP. NO. 1237-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2363

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Water & Land, to which was referred S.B. No. 2363 entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

The purpose of this measure is to authorize the counties to close or restrict the public use of any property under the county's management or control when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Department of the Prosecuting Attorney of the City and County of Honolulu; and Department of Facility Maintenance of the City and County of Honolulu. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that county agencies frequently encounter situations where immediate action is required to keep the public safe, such as flooding, wildfire risks, landslides, erosion, contamination, or other hazardous conditions. Your Committee further finds that many county-managed lands contain culturally significant sites, fragile ecosystems, and natural resources that can be damaged by overuse, trespassing, illegal dumping, or unsafe activities. Allowing counties to temporarily or permanently restrict access when necessary ensures these spaces are preserved for present and future generations. Without clear statutory authority, counties' efforts at response and protection can be hindered by uncertainty, jurisdictional questions, or challenges to local authority. This measure would explicitly provide the counties with much needed legal tools.

Your Committee has amended this measure by changing its effective date to July 1, 3000, to encourage further discussion.

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. 2363, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2363, 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,

____________________________

MARK J. HASHEM, Chair