STAND. COM. REP. NO. 410

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1021
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 1021 entitled: 

     "A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY
     REGIMES,"

begs leave to report as follows:

     The purpose of this bill is to clarify that projects created
as condominium property regimes are subject to county zoning and
other county building and development ordinances and rules.  

     Your Committee received testimony as follows:

     1.   Department of Business, Economic Development, and
          Tourism Office of Planning, City and County of Honolulu
          Department of Planning and Permitting, County of Hawaii
          Planning Department, in support; and 

     2.   Land Use Research Foundation, the Gentry Companies, one
          private citizen, offering comment.  

     Your Committee finds that, in the past, many people used the
condominium property regime to establish residential uses on
agricultural land, circumventing state land use planning and
county zoning.  Not all condominium projects are subject to
county review, but for those that are, the review occurs late in
the process.  In addition, condominium projects are not subject
to county subdivision ordinances and their impacts on resources
and infrastructure cannot be determined beforehand.  

     Although the above concerns need to be addressed, other
concerns were raised about mixing land use provisions in the
condominium property regime law, and that the Committee on

 
                                 STAND. COM. REP. NO. 410
                                 Page 2

 
Consumer Protection and Commerce may wish to consider this in
their deliberations on this bill.  

     Your Committee revised the bill by:  

     1.   Giving counties authority over the physical development
          of condominium projects; 

     2.   Providing for applicability of the bill to condominium
          projects and amendments; and 

     3.   Making technical, non-substantive changes for the
          purposes of style and clarity.  

     As affirmed by the record of votes of the members of your
Committee on Water and Land Use that is attached to this report,
your Committee is in accord with the intent and purpose of H.B.
No. 1021, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 1021, H.D. 1, and
be referred to the Committee on Consumer Protection and Commerce.

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



                                   ______________________________
                                   Romy M. Cachola, Chair