Report Title:

Land Use Commission; School Construction; Education

Description:

Prohibits the land use commission from approving the reclassification of district boundaries if it finds that the total design capacities of the surrounding elementary schools or secondary schools, or both, will be exceeded by     % even with mitigating measures proposed by the petitioner.

HOUSE OF REPRESENTATIVES

H.B. NO.

337

TWENTY-SECOND LEGISLATURE, 2003

 

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 205-17, Hawaii Revised Statutes, is amended to read as follows:

"§205-17 Land use commission decision-making criteria. In its review of any petition for reclassification of district boundaries pursuant to this chapter, the commission shall specifically consider the following:

(1) The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawaii state plan and relates to the applicable priority guidelines of the Hawaii state plan and the adopted functional plans;

(2) The extent to which the proposed reclassification conforms to the applicable district standards; and

(3) The impact of the proposed reclassification on the following areas of state concern:

(A) Preservation or maintenance of important natural systems or habitats;

(B) Maintenance of valued cultural, historical, or natural resources;

(C) Maintenance of other natural resources relevant to Hawaii's economy, including[, but not limited to,] agricultural resources;

(D) Commitment of state funds and resources;

(E) Provision for employment opportunities and economic development; and

(F) Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups; [and]

(4) The representations and commitments made by the petitioner in securing a boundary change[.]; and

(5) The adverse impacts of a proposed housing development on the surrounding public schools, the measures proposed by the petitioner to mitigate these adverse impacts prior to the construction of the housing development, and the mitigating measures already approved by the legislature, governor, and board of education; provided that the commission shall not approve the reclassification of district boundaries pursuant to this chapter if it finds that the total design capacities of the surrounding elementary schools or secondary schools, or both, will be exceeded by          per cent even with these mitigating measures."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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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