Report Title:

Land use classifications

Description:

Sets up a process for determining when land use classifications should be rescinded because they have not been used for a period of time, particularly for lands classified as urban or rural.

HOUSE OF REPRESENTATIVES	H.B. NO.	3075
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO LAND USE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The state finds that there are cases where lands reclassified by the land use commission to the urban district remain undeveloped for many years after the reclassification.  In some cases, conditions have changed so significantly that the development proposal as originally conceived may warrant review and reconsideration.  Premature urban or rural classification encourages speculative land banking and creates uncertainty in the build out of planned urban or rural capacity and associated infrastructure.  This bill provides for the development of a use-it-or-lose-it mechanism to ensure more effective timing of development of planned or approved urban or rural capacity.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-  Reversion of district classification. (a) The commission shall have the authority to reverse district classification or change a classification when the current classification has not been exercised.

     (b)  The commission shall establish a process, including conducting public hearings under chapter 91 to develop deadlines for substantial progress in the development for any petition approved for reclassification to the urban or rural district. In developing guidelines for reclassification deadlines, the commission may consult with petitioners in prior land use classifications proceedings, prior land use classifications parties on the record, land use experts, environmental experts, people knowledgeable in transportation and related infrastructure impacts, elected officials, and community representatives.

(c)  By June 30, 2009, the commission shall adopt rules pursuant to chapter 91 to guide the commission's process to identify deadlines for substantial progress in the development of any petition for reclassification to the urban or rural district.

(d)  The recommendations of the commission and subsequent implementation of a reversion and/or change of classification policy shall not apply to land that is the subject of a state- or county-initiated petition for a regional boundary amendment based upon a regional boundary review; nor shall it apply to any petition approved by the commission or accepted for filing by the commission prior to the effective date of the adoption of reversion and/or change of classification rules."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST