THE SENATE	S.B. NO.	2620
THIRTIETH LEGISLATURE, 2020
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. Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read:

"(a) District boundary amendments involving the following lands [in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands] shall be processed by the land use commission pursuant to section 205-4[.]:

(1) Lands in the conservation district;

(2) Land areas greater than fifteen acres, except land areas greater than fifteen acres but no more than thirty acres if the land areas are proposed for reclassification to the urban district and at least sixty per cent of the land areas will be dedicated for the development of affordable housing; or

(3) Lands delineated as important agricultural lands.

(b) Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving [lands]:

(1) Lands less than fifteen acres presently in the rural and urban districts [and lands];

(2) Land areas greater than fifteen acres but no more than thirty acres if the land areas are proposed for reclassification to the urban district and at least sixty per cent of the land areas will be dedicated for the development of affordable housing; and

(3) Lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands.

(c) District boundary amendments involving [land areas of fifteen acres or less, except as provided in] lands described in subsection (b)[,] shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that such boundary amendments and approved uses are consistent with this chapter. The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or such other proceedings. Appropriate ordinances and rules to allow consolidation of such proceedings may be developed by the county land use decision-making authority."

SECTION 2. Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in [section 201H-38.] sections 201H-38 and 205‑3.1(a). The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

District Boundaries; Amendments; Counties; Affordable Housing

Description:

Authorizes county land use decision-making authorities to amend district boundaries involving land areas greater than fifteen but no more than thirty acres in the urban district without consideration of the land use commission if at least sixty per cent of the land is used to develop affordable housing.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.