STAND. COM. REP. NO. 3041

Honolulu, Hawaii

RE:    H.B. No. 2617

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committees on Public Safety, Intergovernmental, and Military Affairs and Water, Land, and Agriculture, to which was referred H.B. No. 2617, H.D. 1, entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the counties to petition the Land Use Commission for regional district boundary amendments needed after adopting updates to their respective general plans; and

     (2)  Require the Land Use Commission, rather than the Office of Planning, to conduct five-year boundary amendment reviews.

     Your Committees received testimony in support of this measure from the Office of Planning, State Land Use Commission, Department of Planning of the County of Kauai, Department of Planning of the County of Maui, County Council of the County of Maui, Business Industry Association Hawaii, Hawaii Association of REALTORS, Land Use Research Foundation of Hawaii, Chamber of Commerce Hawaii, and one individual.  Your Committees received testimony in opposition to this measure from the Department of Planning and Permitting of the City and County of Honolulu, Conservation Council for Hawaii, Hawaii's Thousand Friends, and nine individuals.  Your Committees received comments on this measure from the Office of Hawaiian Affairs.

     Your Committees find that the Land Use Commission was established to ensure proper conservation, control, and development of Hawaii's land resources.  To accomplish that mission, the Land Use Commission operates within a framework of statutes and regulations.  This framework is periodically reviewed and refined to clarify and streamline the Land Use Commission's procedures and allow the Commission to more efficiently and effectively manage use of the State's lands.  Your Committees further find that existing law unduly limits the possible remedies to violations of conditions of use imposed by the Commission.

     Your Committees have amended this measure by:

     (1)  Removing language requiring the Land Use Commission to conduct five-year boundary amendment reviews;

     (2)  Providing flexibility to the Land Use Commission in addressing violations of representations made to the Commission or conditions imposed by the Commission in its decisions and orders, regardless of whether there has been substantial commencement of use of the land;

     (3)  Updating section 1 to reflects its amended purpose; and

     (4)  Making the measure effective upon its approval.

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental, and Military Affairs and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2617, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2617, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Water, Land, and Agriculture,

________________________________ MIKE GABBARD, Chair

________________________________ CLARENCE K. NISHIHARA, Chair