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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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 there are cases where
 
 2 lands reclassified by the land use commission to the urban
 
 3 district are undeveloped for many years after the
 
 4 reclassification.  The legislature is concerned that this
 
 5 encourages speculative land banking and creates uncertainty in
 
 6 the buildout of planned urban capacity and associated
 
 7 infrastructure.  This bill provides a use-it-or-lose-it mechanism
 
 8 to ensure more effective development of planned or approved urban
 
 9 capacity.
 
10      SECTION 2.  Section 205, Hawaii Revised Statutes, is amended
 
11 by adding a new section to be appropriately designated and to
 
12 read as follows:
 
13      "§205-    Urban district reclassification.  (a)  The urban
 
14 district classification of a petition area shall lapse five years
 
15 from the effective date of the land use commission decision
 
16 reclassifying the petition area to the urban district, unless
 
17 prior to the end of the five-year period, upon motion by the
 
18 petitioner or its successor, the commission determines there has
 
19 been substantial progress in the urban development of the
 

 
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 1 petition area.  Upon such a determination, the commission may
 
 2 grant an extension, not to exceed five years, of the urban
 
 3 district classification or grant that the urban district
 
 4 classification shall continue in full force and effect subject to
 
 5 amendment as provided in this chapter or order of a court as
 
 6 provided in this chapter.  The urban district classification of a
 
 7 petition area subject to an extension under this section shall
 
 8 lapse on the date established in the commission's decision,
 
 9 unless prior to the date of the extension deadline, upon motion
 
10 by the petitioner or its successor, the land use commission
 
11 determines there has been substantial progress in the urban
 
12 development of the land and grants the continuance of the urban
 
13 district classification subject to amendment as provided in this
 
14 chapter or order of a court as provided in this chapter.
 
15      (b)  The petitioner or its successor shall file any motion
 
16 under this section no later than one hundred and eighty days
 
17 prior to the date the classification is to lapse.  The commission
 
18 may modify the original findings of fact and decision and order,
 
19 including conditions, as necessary to assure substantial
 
20 compliance with the representations and commitments made by the
 
21 petitioner in securing an extension or the continuance of the
 
22 district classification pursuant to this section.
 

 
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 1      (c)  For a petition area whose urban district classification
 
 2 lapses under this section, the district classification shall
 
 3 revert to the district classification of the land at the time the
 
 4 petition was filed.
 
 5      (d)  This section shall not apply to any petition approved
 
 6 by the commission or accepted for filing by the commission prior
 
 7 to the effective date of this Act, nor shall this section affect
 
 8 the authority of the commission under section 205-4(g) to assure
 
 9 substantial progress of any petition with lands reclassified to
 
10 the urban district by the commission."
 
11      SECTION 3.  New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:  _______________________
 

 
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