STAND. COM. REP. NO. 392

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1073
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Government Operations and Housing and
Transportation and Intergovernmental Affairs, to which was
referred S.B. No. 1073 entitled: 

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

beg leave to report as follows:

     The purpose of this measure is to clarify that projects
created and established as condominium property regimes are
subject to county land use ordinances, rules, and regulations.

     More specifically, this measure ensures that projects
established as condominium property regimes conform to the
provisions of underlying county zoning ordinances and development
requirements and are consistent with the intent of county land
use policies and state land use laws.

     Testimony in support of this measure was received from the
Department of Business, Economic Development and Tourism, the
Department of Planning and Permitting for the City and County of
Honolulu, the County Council for the County of Hawaii, Hawaii's
Thousand Friends, and one individual.  Testimony in opposition to
this measure was received from the Land Use Research Foundation
of Hawaii.

     Your Committees find that county land use ordinances and
regulations ensure that a site is suitable for a proposed
project, in terms of its impact on traffic, drainage, and other

 
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                                   STAND. COM. REP. NO. 392
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important services, and that cumulative project impacts on the
physical environment and the surrounding community are adequately
addressed.

     Your Committees find that currently there exists a lack of
clarity in the counties' authority over the uses and development
proposed by condominium property regimes.
     
     Your Committees find that the lack of clarity in the
condominium property regimes statute has been a barrier to county
efforts to effectively manage the land use impacts of certain
types of condominium property regime projects.

     Your Committees are particularly concerned with the problems
associated when condominium property regimes are developed in
areas zoned for agricultural use, resulting in the bypass of
underlying state and county land use laws and regulations.
 
     Your Committees amended this measure by excluding
condominium property regimes from agricultural zoned land.

     As affirmed by the records of votes of the members of your
Committees on Government Operations and Housing and
Transportation and Intergovernmental Affairs that are attached to
this report, your Committees are in accord with the intent and
purpose of S.B. No. 1073, as amended herein, and recommend that
it pass Second Reading in the form attached hereto as S.B.
No. 1073, S.D. 1, and be referred to the Committee on Commerce
and Consumer Protection.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Government
                                   Operations and Housing and
                                   Transportation and
                                   Intergovernmental Affairs,



____________________________       ______________________________
ROD TAM, Chair                     CAL KAWAMOTO, Chair

 
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