REPORT TITLE:
Land use planning task force


DESCRIPTION:
Creates an 11-member land use planning task force. (HB178 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        178
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LAND USE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that Hawaii's current land
 
 2 use regulatory system serves as a barrier to economic recovery,
 
 3 which has been recognized time and again by economists, planning
 
 4 experts, and most recently by the 1998 economic revitalization
 
 5 task force.  The legislature recognizes that a fair and efficient
 
 6 land use regulatory system is an important element of economic
 
 7 health.
 
 8      The legislature further finds that Hawaii's development and
 
 9 construction industries suffered substantial job losses
 
10 throughout the 1990s.  The current land use regulatory system
 
11 harms existing businesses and consumers, impedes needed
 
12 construction, and discourages new capital investment in Hawaii
 
13 due to lengthy delays and considerable costs in obtaining
 
14 approvals associated with establishing and operating a business.
 
15 A common question that is asked by businesses that are
 
16 considering relocating to the State, is:  "How long does it take
 
17 to obtain business and development approvals?" 
 
18      As ninety-five per cent of the lands in the State are
 
19 designated as either agriculture or conservation lands, it often
 
20 takes a business four to six years to obtain all the necessary
 

 
Page 2                                                     178
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 approvals to proceed with development.  This is an impediment to
 
 2 business expansion, stimulation, and growth in Hawaii.
 
 3      During the 1998 regular session, in an effort to reform the
 
 4 land use system, the legislature considered a proposal to
 
 5 eliminate the land use commission.  While the proposal raised
 
 6 significant constitutional issues with regard to protecting
 
 7 important agricultural land, the primary goal of this proposal
 
 8 was to eliminate regulatory duplication and promote fair and
 
 9 efficient decision-making with regard to land use decisions.
 
10      The purpose of this Act is to create a public-private task
 
11 force to study and recommend constitutionally acceptable
 
12 structural changes to the land use regulatory system.
 
13      SECTION 2.  (a)  There is established, within the department
 
14 of business, economic development, and tourism for administrative
 
15 purposes, the land use planning task force to study and recommend
 
16 constitutionally-acceptable structural changes to the land use
 
17 regulatory system to:
 
18      (1)  Eliminate any costly and unnecessary duplication and
 
19           inefficiency that exists under the current land use
 
20           regulatory system; and
 
21      (2)  Allow the affected parties with regard to the land
 
22           regulatory system to develop a land use planning system
 
23           that addresses the duplication problems, creates clear
 

 
Page 3                                                     178
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           and separate accountability for the State and the
 
 2           counties, and reduces the processing time in obtaining
 
 3           development approvals.
 
 4      (b)  The task force shall consist of the following eleven
 
 5 members: 
 
 6      (1)  The director of the office of planning of the
 
 7           department of business, economic development, and
 
 8           tourism or the director's designated representative;
 
 9      (2)  The chairperson of the board of land and natural
 
10           resources or the chairperson's designated
 
11           representative;
 
12      (3)  The chairperson of the board of agriculture or the
 
13           chairperson's designated representative;
 
14      (4)  The chairperson of the office of Hawaiian affairs or
 
15           the chairperson's designated representative;
 
16      (5)  The chairperson of the land use commission or the
 
17           chairperson's designated representative;
 
18      (6)  The director of each of the four county departments of
 
19           planning or the director's designated representative;
 
20      (7)  A representative from the environmental community; and 
 
21      (8)  A representative from private business who has
 
22           experience in land use issues.
 

 
 
 
Page 4                                                     178
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 The two representatives from the environmental and private
 
 2 business communities shall be appointed by the governor from a
 
 3 list of four nominees submitted by the president of the senate
 
 4 and four nominees submitted by the speaker of the house of
 
 5 representatives; provided that the president of the senate and
 
 6 the speaker of the house of representatives shall each nominate
 
 7 two representatives from the environmental community and two
 
 8 representatives from private business; and provided further that
 
 9 one representative shall reflect the nominations submitted by the
 
10 president of the senate and one representative shall reflect the
 
11 nominations submitted by the speaker of the house of
 
12 representatives.  The director of the office of planning of the
 
13 department of business, economic development, and tourism or the
 
14 director's designated representative shall be the chairperson of
 
15 the task force.  Any vacancy on the task force shall be filled in
 
16 the same manner in which the original position was filled.  The
 
17 members shall receive no compensation for their services, but
 
18 shall be reimbursed for travel expenses incurred in the
 
19 performance of their duties.
 
20      (c)  The task force shall submit a report of its activities,
 
21 findings, and recommendations for specific constitutional and
 
22 statutory changes to the legislature no later than twenty days
 
23 prior to the convening of the regular session of 2000.
 

 
Page 5                                                     178
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (d)  The task force shall cease to exist on June 30, 2000.
 
 2      SECTION 3.  There is appropriated out of the general
 
 3 revenues of the State of Hawaii the sum of $     or so much
 
 4 thereof as may be necessary for fiscal year 1999-2000 for the
 
 5 task force to carry out the purposes of this Act.
 
 6      SECTION 4.  The sum appropriated shall be expended by the
 
 7 office of planning for the purposes of this Act.
 
 8      SECTION 5.  This Act shall take effect upon its approval;
 
 9 provided that section 3 shall take effect on July 1, 1999.