REPORT TITLE:
Land Use; Legislative Control


DESCRIPTION:
Gives the power to reclassify lands within the State only to a
temporary land use commission and the legislature.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1524
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.  Chapter 205, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§205-     Land use reform.  (a)  The legislature shall
 
 5 provide for the creation of a land use commission, which shall
 
 6 meet for one year every ten years beginning July 1, 2002, and
 
 7 then cease to exist.  The land use commission shall be attached
 
 8 to the legislature for administrative purposes only.  The land
 
 9 use commission may not be extended after it convenes, and may not
 
10 be revived after it ceases to exist.  The sole purpose of the
 
11 land use commission shall be to reclassify lands within the State
 
12 in accordance with standards and criteria established by the
 
13 legislature.
 
14      (b)  The commission shall be comprised of eleven members,
 
15 five of whom shall be selected by the house of representatives
 
16 and five of whom shall be selected by the senate.  The eleventh
 
17 member shall be selected jointly by the house of representatives
 
18 and the senate, and shall serve as the chairperson of the
 
19 commission.
 

 
Page 2                                                     
                                     S.B. NO.           1524
                                                        
                                                        

 
 1      (c)  After the land use commission ceases to exist, lands
 
 2 within the State may be reclassified only by the legislature.
 
 3 Lands within the State may not be reclassified by initiative.
 
 4 The legislature may reclassify lands within the State only after
 
 5 finding that an emergency exists and that the reclassification of
 
 6 these lands is in the public interest and for the public health,
 
 7 safety and general welfare of the State.  The reclassification of
 
 8 lands within the State shall be done by concurrent resolution in
 
 9 the case of the legislature and by proclamation in the case of
 
10 the land use commission.
 
11      (d)  The legislature shall not enact any laws that would
 
12 permit a nonconforming use of land classified for another
 
13 purpose.  The counties shall not enact any ordinances that would
 
14 permit a nonconforming use of land zoned for another purpose.
 
15 The reclassification of land by the land use commission and the
 
16 legislature shall not be subject to judicial review or
 
17 referendum.
 
18      (e)  The legislature shall provide for a comprehensive land
 
19 use district boundary review at least once every five years
 
20 beginning July 1, 2000; provided that at least one district
 
21 boundary review shall be completed not more than two years and
 
22 not less than one year prior to the convening of the land use
 
23 commission.
 

 
Page 3                                                     
                                     S.B. NO.           1524
                                                        
                                                        

 
 1      (f)  The power to zone lands within the State shall be
 
 2 reserved for the counties, except in matters that are clearly of
 
 3 statewide concern.  The power to zone lands within the State
 
 4 shall be reserved for the State in matters that are clearly of
 
 5 statewide concern.  The zoning of lands within the State shall be
 
 6 consistent with their classification by the land use commission
 
 7 and the legislature, and with the standards and criteria
 
 8 established by the legislature.
 
 9      (g)  All land use district boundaries in effect on the
 
10 effective date of this section shall continue to be in effect
 
11 until the land use commission or the legislature amends these
 
12 boundaries."
 
13      SECTION 2.  New statutory material is underscored.
 
14      SECTION 3.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:_________________________