STAND. COM. REP. NO.  575-16

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 2043

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Water & Land, to which was referred H.B. No. 2043 entitled:

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

begs leave to report as follows:

The purpose of this measure is to require the Land Use Commission to process the reversion of land use district boundary reclassifications and revoke approvals for special use permits in cases where the pertinent county has violated or failed to enforce land use conditions or restrictions imposed by the Commission for the subject property.

The Friends of Makakilo provided testimony in support of this measure.  The Department of Planning and Permitting of the City and County of Honolulu, Land Use Research Foundation of Hawaii, and Hawaii Association of Realtors provided testimony in opposition.  The Office of Planning, Land Use Commission, Building Industry Association-Hawaii, Hawaii's Thousand Friends, and Chamber of Commerce Hawaii provided comments.

     Your Committee has amended this measure by:

     (1)  Changing the consequences of a Commission finding that a violation or failure to enforce has occurred from the reversion of reclassification or revocation of approval to stripping the county of its authority to approve future permits for the completion of the project and allocating the authority to the Commission;

     (2)  Deleting the subsection that made the counties bear the costs arising out of an investigation or hearing that results in an adverse disposition for the county;

     (3)  Adding a subsection that establishes an expedited process for judicial challenges to the Land Use Commission's determination;

     (4)  Changing the effective date to July 1, 2050, to encourage further discussion; and

     (5)  Making technical nonsubstantive amendments for the purpose of style, clarity, and consistency.

     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. 2043, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2043, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

RYAN I. YAMANE, Chair