Report Title:

Land Use Law; Advisory Task Force to Review Law

Description:

Establishes an advisory task force to review the land use and zoning law of the state and counties to shorten and expedite the land use process.

 

THE SENATE

S.B. NO.

2644

TWENTY-SECOND LEGISLATURE, 2004

 

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. It is commonly agreed and acknowledged that the land use and zoning process for the development of land in the State can be a very long, arduous, and costly process. Recent court decisions have also pointed out the uncertain and penalizing hazards that may be encountered unexpectedly. The multiple layers of state land use and environmental laws and rules and the conservation district and its subzone laws and rules, coupled with county general plans and zoning laws and rules, and rules for special development districts, such as the county special management rules, all contribute to this maze of laws, ordinances and rules.

The legislature finds that the present state of land use and zoning regulations requires a very lengthy process, costing unreasonable amounts of money, and is having a negative impact on the future development of much needed industrial, commercial, and residential development necessary to sustain the residents of this State.

The purpose of this Act is to establish an advisory task force to review the entire land use and zoning regulatory framework with the object of expediting the whole process and removing the uncertainty and unnecessary risks involved in land development in the State.

SECTION 2. (a) There is established a land use and zoning advisory task force within the department of business, economic development, and tourism for administrative purposes.

(b) The task force shall consist of sixteen members as follows:

(1) The director of business, economic development, and tourism or the director's designated representative;

(2) The chairperson of the board of land and natural resources or the chairperson's designated representative;

(3) The director of the office of planning or the director's designated representative;

(4) The planning directors of each of the four counties or the directors' designated representatives;

(5) Three members at large, including one representing land developers, an attorney with experience practicing before the land use commission and the various county land use decision-making authorities, and one representing environmental groups, appointed by the governor;

(6) Three members appointed by the president of the senate, including one representing land developers, an attorney with experience practicing before the land use commission and the various county land use decision-making authorities, and one representing environmental groups; and

(7) Three members appointed by the speaker of the house of representatives, including one representing land developers, an attorney with experience practicing before the land use commission and the various county land use decision-making authorities, and one representing environmental groups.

(c) The task force shall convene as early as practicable. The director of business, economic development, and tourism shall chair the task force. The department of business, economic development, and tourism, and the department of the attorney general shall provide the necessary staff, legal, and logistical support required by the task force to carry out its duties. The task force shall meet subject to the call of the chairperson.

(d) The duties of the task force are as follows:

(1) To review chapter 205, chapter 205A, chapter 343, chapter 171, chapter 6E, and chapter 46, Hawaii Revised Statutes, as they relate to planning, zoning, development agreements, and impact fees, and any other state law the task force deems relevant to its duties, along with rules adopted to implement these laws;

(2) To review county charter provisions relating to planning and zoning, and all ordinances relating to planning, zoning, special management area regulation, building, and subdivisions, along with all rules adopted to implement these charter provisions and ordinances;

(3) Meet with representatives of land developers, urban planners, civil engineers, architects, environmental groups, native Hawaiian cultural practitioners, land use attorneys, community organizations, and any other persons interested in the land use and zoning process, to discuss ways of streamlining and bringing more certainty to the land use and zoning process;

(4) Consider ways state law regarding land use, environmental review, and conservation lands can better interface with the county land use and zoning processes;

(5) Formulate methods, models, or templates with which the State and the various counties can streamline and arrive at cohesive and common land use and zoning laws and processes, including common procedures and application forms; and

(6) Propose legislation relating to land use, zoning, environmental review, development agreements, and impact fees that will have universal application throughout the State.

(e) The task force shall report back to the legislature with its findings and conclusion, including any proposed legislation, twenty days before the convening of the regular session of 2007.

(f) The members of the task force shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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