STAND. COM. REP. NO. 189

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 558
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred S.B. No. 558 entitled: 

     "A BILL FOR AN ACT RELATING TO LAND USE,"

begs leave to report as follows:

     The purpose of this measure is to strengthen the State's
land use law.

     Specifically, the measure:

     (1)  Allows citizens to file suit for violations of the
          State land use law;

     (2)  Enables the Land Use Commission to impose conditions on
          reclassified lands that run with the land; and

     (3)  Strengthens the penalties for breaching the State land
          use law.

     Testimony in support of the measure was received from the
Sierra Club, Hawaii Chapter and Hawaii's Thousand Friends.  The
Department of Business, Economic Development, and Tourism's
Office of Planning, the Land Use Commission, the County of
Hawaii's Planning Department, and Hawaiian Electric Company,
Inc., provided qualified support for the measure, stating that
the section on citizen enforcement should be deleted.


 
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                                   STAND. COM. REP. NO. 189
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     Testimony in opposition to the measure was received from the
Estate of James Campbell and the Land Use Research Foundation.
The University of Hawaii's Environmental Center provided comments
on the measure.

     Based on the testimony provided by the Department of
Business, Economic Development, and Tourism's Office of Planning,
the Land Use Commission, the County of Hawaii's Planning
Department, and Hawaiian Electric Company, Inc., your Committee
has amended the measure by deleting the citizen enforcement
provisions and removing the requirement that the county be bound
by conditions imposed on lands reclassified by the Land Use
Commission.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 558, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 558, S.D. 1, and be referred to the Committee on Judiciary.

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



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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