Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, & Ocean Resources and Economic Development & Business Concerns, to which was referred H.B. No. 1069 entitled:

beg leave to report as follows:

The purpose of this bill is to close the "parceling" loophole in land use district boundary amendment applications before the Land Use Commission (LUC) by deeming as one application, where separate applications by the same landowner of contiguous lands are filed because of different uses, sequential development phases, or to avoid land use regulatory requirements.

The LUC, Native Hawaiian Legal Corporation, and the Environmental Center of the University of Hawaii testified in support of this bill. The Office of Planning and Department of Land and Natural Resources testified in support of the bill's intent. The Land Use Research Foundation of Hawaii testified against this bill in its current form. The Protect Keapuka Ohana provided comments on this bill.

Your Committees finds that this bill will prevent circumvention of the land use approval process by prohibiting the parceling or the submission of separate rezoning or reclassification applications on contiguous lands. Your Committees request the Committee on Finance to examine the propriety of affiliated ownership of contiguous lands which may constitute a means of circumventing regulatory requirements.

Your Committees have amended this bill by:

As affirmed by the records of votes of the members of your Committees on Water, Land, & Ocean Resources and Economic Development & Business Concerns that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1069, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1069, H.D. 1, and be referred to the Committee on Finance.