STAND. COM. REP. NO.  398

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 1016

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Water & Land, to which was referred H.B. No. 1016 entitled:

"A BILL FOR AN ACT RELATING TO TRANSFER OF DEVELOPMENT RIGHTS,"

begs leave to report as follows:

The purpose of this measure is to facilitate the transfer of development rights by:

     (1)  Authorizing the Land Use Commission to establish a transfer of development rights program;

     (2)  Specifying certain requirements for the transfer of development rights;

     (3)  Allowing the creation of a development rights bank in which development rights and other assets may be retained or sold;

     (4)  Establishing the conservation stewardship fund into which shall be deposited appropriations by the Legislature, appropriations from the environmental response revolving fund, and other monies received by the Land Use Commission; and

     (5)  Appropriating funds to carry out the purposes of this measure.

The Department of Health, the City and County of Honolulu Department of Planning and Permitting, and the Conservation Council for Hawaii provided testimony in opposition to this measure.  The Land Use Commission, the Department of Budget and Finance, and the Department of Education provided comments on this measure.

     Your Committee has amended this measure by:

     (1)  Placing the transfer of development rights program in the Office of Planning instead of the Land Use Commission;

     (2)  Changing its effective date to July 1, 2020, for the purpose of facilitating further discussion; and

     (3)  Making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

     Your Committee notes that this measure has been referred next to your Committee on Finance which will provide the opportunity for further discussion on this measure.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1016, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1016, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

CINDY EVANS, Chair