STAND. COM. REP. NO. 452-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2183

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2183 entitled:

"A BILL FOR AN ACT RELATING TO ZONING,"

begs leave to report as follows:

The purpose of this bill is to strengthen the state land use process and ensure state-county coordination relating to certain zoning applications. Specifically, this bill:

(1) Prevents circumvention of the state land use approval process by prohibiting parceling or the submission of separate reclassification applications for contiguous lands by the same land owner;

(2) Requires the counties to submit to the Land Use

Commission (LUC) for its review:

(a) All county ordinances, amendments, and rules that implement the State Land Use Law (chapter 205, Hawaii Revised Statutes); and

(b) Copies of all zoning applications for lands larger than five acres;

and

 

(3) Allows LUC to intervene as an interested party on any county zoning application involving lands larger than five acres.

The Office of Hawaiian Affairs, Hawaii Audubon Society, and Sierra Club, Hawaii Chapter, testified in support of this bill. LUC, the Department of Agriculture, and the Native Hawaiian Legal Corporation supported the intent of the measure. The Department of Land and Natural Resources, Land Use Research Foundation of Hawaii, Department of Planning and Permitting of the City and County of Honolulu, and Hawaii Leeward Planning Conference opposed this bill.

Upon further consideration, your Committee has deleted all provisions relating to:

(1) The submittal of county ordinances, amendments, and rules to LUC; and

(2) The authorization for LUC to intervene as an interested party.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2183, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2183, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair