STAND. COM. REP. NO. 397-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2743
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 2743 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to prohibit the Land Use
Commission (LUC) and the county zoning agency from imposing a
condition on an application where the area of concern covered by
the condition was addressed by the other agency.

     The LUC and the Office of Planning supported the intent of
this bill.  The Department of Land and Natural Resources (DLNR)
supports the intent of this bill and deferred to the Land Use
Commission with regard to the specifics of this bill.  

     Your Committee finds that in the current land use regulatory
system (regulatory system) in Hawaii, it is not uncommon for a
government agency to  impose conditions in the same area of
concern that was previously addressed by another agency.  This
duplicative effort removes the critical factor of accountability
in government agencies.  Effective, efficient, and economical
government operations mandate that an agency perform its
functions in such a comprehensive and conscientious manner that
another agency in its review or action can confidently focus its
attention and resources on areas of concern that were not
addressed by the other agency.


 
 
 
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                                 Page 2

 
     The State and county governments have had continuing
discussions for approximately three years on various remedial
actions to make the regulatory system more effective,
expeditious, and cost effective.

     The establishment of a task force to study and recommend
changes to the regulatory system will not only encourage citizen
participation, but will provide real insight by which to fashion
effective solutions to the problems plaguing the regulatory
system.

     Upon careful consideration, your Committee has amended this
measure by deleting the substance of the bill and inserting the
task force provisions in HB No. 178, H.D. 2 that crossed over to
the Senate and carried over to this legislative session.  The
amendments:

     (1)  Establishes the Land Use Planning Task Force (Task
          Force) that will submit a report to the Legislature of
          the Regular Session of 2001 with recommendations for
          specific constitutional and statutory changes that will
          have the effect of:

          (a)  Eliminating duplicative action and inefficiency;

          (b)  Establishing clear and separate accountability for
               the State and the counties; and 

          (c)  Reducing the time to process governmental
               approvals;

     (2)  Provides that if the Task Force fails to meet its
          mandate, the Auditor will submit a report to the
          Regular Session of 2002 that will address:

          (a)  The circumstances surrounding the failure of the
               Task Force to meet its mandate;

          (b)  The nature and extent of duplicative governmental
               action in a common area of concern with respect to
               the enforcement of land use regulations where a
               landowner must obtain the approval of both the
               State and the county; and 

          (c)  Recommendations and specific constitutionally-
               acceptable and statutory changes to eliminate
               costly and unnecessary duplication and
               inefficiency that exist under the regulatory
               system;

 
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                                 Page 3

 
          and

     (3)  Establishes a special fund to be funded by private
          monies to pay the travel cost of members of the Task
          Force in the performance of their duty. 

     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. 2743, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2743, H.D. 1, and
be referred to the Committee on Finance.

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



                                   ______________________________
                                   ROMY M. CACHOLA, Chair