STAND. COM. REP. NO. 1356-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2524

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred S.B. No. 2524, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Require condominium property regimes to comply with county subdivision or equivalent requirements and all county permitting requirements;

(2) Clarify that the counties may adopt supplemental ordinances governing condominium property regimes;

(3) Require an application for registration of a condominium project in a county agricultural zoning district or preservation zoning district to include a verified statement that the project is in compliance with any supplemental county ordinances, county subdivision standards, and other rules; and

(4) Specify that the Real Estate Commission shall not process any incomplete application for a condominium project and shall return the incomplete application to the developer.

The City and County of Honolulu Department of Planning and Permitting, Maui Land & Water Planning LLC, and an individual supported this measure. The Maui Real Estate Team, Inc., Hawaii Association of REALTORS, Honolulu Board of Realtors, Hawai‘i Farm Bureau, Hawaii Cattlemen's Council, Inc., and numerous individuals opposed this measure. The Department of Agriculture, Office of Planning, and Real Estate Commission provided comments.

Your Committee has amended this measure by:

(1) Restoring the exemption of agricultural lands that are subdivided and leased for agricultural uses or activities from county subdivision standards;

(2) Clarifying that sheds or other structures constructed on agricultural lands that are subdivided and leased for agricultural uses or activities shall not be used for residential or congregate purposes and that a violation of this prohibition shall be subject to county enforcement authority and fines;

(3) Prohibiting construction of residential development on lands that were or are currently in a preservation zoning district;

(4) Requiring submission of an agricultural business plan, farm plan, or conservation plan with an application for registration of a condominium project in a county agricultural zoning district or preservation zoning district, to be updated every five years after submission;

(5) Restoring the discretionary authorization of the Real Estate Commission to process any incomplete application for a condominium project or return the incomplete application to the developer;

(6) Changing its effective date to July 1, 2100, to encourage further discussion; and

(7) Making technical, nonsubstantive amendments for clarity, consistency, and style.

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 S.B. No. 2524, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2524, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

RYAN I. YAMANE, Chair