STAND. COM. REP. NO. 240-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1757

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1757 entitled:

"A BILL FOR AN ACT RELATING TO PLANNED COMMUNITY ASSOCIATIONS,"

begs leave to report as follows:

The purpose of this measure is to prohibit planned community associations from prohibiting an owner or a sub-association from utilizing xeriscaping.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and six individuals. Your Committee received testimony in opposition to this measure from the Hawaii Council of Associations of Apartment Owners and thirteen individuals.

Your Committee finds that water is a precious natural resource and water conservation is a best practice that should be utilized. Your Committee further finds that xeriscaping is a proven landscape practice that reduces irrigation water use by eliminating plantings or planting drought-tolerant or climate appropriate species. Xeriscaping can also be aesthetically pleasing by matching the appropriate native plant species with the local climate and environment. This measure promotes outdoor water conservation plans of homeowners or sub-associations within planned community associations.

Your Committee has amended this measure by changing the effective date to January 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1757, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1757, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair