Bill Text: HI SB1026 | 2013 | Regular Session | Amended

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Bill Title: Land Use Commission

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-27 - The committee on JDL deferred the measure. [SB1026 Detail]

Download: Hawaii-2013-SB1026-Amended.html

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STAND. COM. REP. NO. 159

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1026

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committees on Water and Land and Economic Development, Government Operations and Housing, to which was referred S.B. No. 1026 entitled:

 

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Issue and serve an order to a party to show cause why a property should not revert to its former land use classification or be changed to a more appropriate classification; or

 

     (2)  Modify the conditions or impose new conditions on the party to ensure compliance with a decision and order of the Commission,

 

if the party has not substantially commenced use of the land in accordance with representations made to the Commission or has not substantially complied with conditions imposed.

 

     Your Committees received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; Office of Planning; and Land Use Commission.  Your Committees received testimony in opposition to this measure from Hawaii's Thousand Friends, Sierra Club Hawaii Chapter, and one individual.

 

     Recent cases have shown that violations often occur or are brought to the attention of the Commission many years after an original order is granted by the Commission. In certain circumstances, reversion of the land back to its original classification may make no sense given what has occurred in surrounding areas or may be unfair to a petitioner who has already invested considerable capital in a project.  Your Committees find that this measure provides the Commission with more efficient and varied methods of dealing with situations where landowners violate the conditions contained in a decision and order.

 

     As affirmed by the records of votes of the members of your Committees on Water and Land and Economic Development, Government Operations and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1026 and recommend that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committees on Water and Land and Economic Development, Government Operations and Housing,

 

____________________________ DONOVAN M. DELA CRUZ, Chair		____________________________ MALAMA SOLOMON, Chair