STAND. COM. REP. NO. 1593
Honolulu, Hawaii
, 2005
RE: H.B. No. 109
H.D. 1
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committees on Judiciary and Hawaiian Affairs and Ways and Means, to which was referred H.B. No. 109, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LAND USE COMMISSION,"
beg leave to report as follows:
The purpose of this measure is to restrict the types of uses permitted on land in agricultural districts.
The Department of Business, Economic Development, and Tourism, the Office of Hawaiian Affairs, C & H Farms, the Hawaii Farm Bureau Federation, and the Sierra Club submitted testimony in support of this measure. The Department of Agriculture, the Office of Planning, the Mayor of the County of Hawaii, the City and County of Honolulu Department of Planning and Permitting, 1250 Oceanside Partners, Colliers Monroe Friedlander, Inc., Hale Irwin Golf Services, Inc., the Hawaii Association of Realtors, the Hawaii Island Economic Development Board, Inc., the Hawaii Resort Developers Conference, the Land Use Research Foundation of Hawaii, Maui Land and Pineapple Company, Inc., Whitewater Energy Corporation, and twenty individuals submitted testimony in opposition to this measure. The Land Use Commission and the law offices of Crockett and Nakamura submitted comments on this measure.
The agricultural industry and agricultural lands are a valuable resource for this State, and this measure makes amendments to current laws that protect Hawaii's farmers and agricultural lands from increased land speculation and development of "fake farms" and "gentlemen's estates." Specifically, this measure:
(1) Allows open area recreational facilities, including golf courses and golf driving ranges, in rural districts;
(2) Specifies prohibited activities and uses in agricultural districts that are not compatible with or are not accessories to agricultural activities;
(3) Provides that the zoning or subdivision of land or condominium property regimes will be approved by a county or the Real Estate Commission, respectively, only if the zoning, subdivision of land, or creation of a condominium property regime is made subject to the permissible uses within agricultural districts;
(4) Provides a presumption that a subdivision or development is not agricultural if it includes certain types of covenants, golf courses, or facilities;
(5) Repeals the county's authority to further define accessory agricultural uses and services;
(6) Allows counties to work with the Executive Officer of the Land Use Commission to develop policy and recommend statutory amendments to the land use law and petition for district boundary amendments that would expand and enhance the use of rural districts;
(7) Convenes an advisory group for redefining rural districts;
(8) Allows counties an opportunity to identify areas of land that may be suitable for reclassification into rural land use districts; and
(9) Appropriates the necessary funds to accomplish the tasks set forth in this measure.
Your Committees have amended this measure by:
(1) Deleting Part I of this measure that clarifies the permitted uses on agricultural and rural land districts;
(2) Clarifying that rural districts are an asset to the State;
(3) Allowing each county to either convene an advisory group or utilize existing general or community planning review processes for redefining rural districts;
(4) Requiring each county to consider long-range land use patterns contained in new rural policy standards developed or considered by only the county, rather than those developed or considered by both the county and the Executive Officer of the Land Use Commission;
(5) Requiring the county planning departments to submit proposed legislation to redefine the rural district, rather than having the Executive Officer of the Land Use Commission collaborate with the counties to submit proposed legislation;
(6) Deleting the requirement that county advisory groups will prepare an application and supporting reports and materials for proposed rural district boundary amendments;
(7) Deleting the requirement that county work plans should include guidance for preparing an application and supporting reports and materials for proposed rural district boundary amendments;
(8) Deleting the appropriation to each county; and
(9) Making technical, nonsubstantive changes for style, clarity, and consistency.
As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 109, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 109, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Ways and Means,
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____________________________ BRIAN T. TANIGUCHI, Chair |
____________________________ COLLEEN HANABUSA, Chair |
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