Hawaii-2012-SB3070-Introduced

SECTION 1. The legislature finds that the land use commission, established under section 205-1, Hawaii Revised Statutes, is the state agency responsible for determining the boundaries of state land use districts and for reviewing petitions to amend land use district boundaries that involve certain lands. Section 205-17, Hawaii Revised Statutes, provides specific criteria for the land use commission to consider when reviewing petitions for the reclassification of land use district boundaries. The criteria include conformity to state and county plans and district standards; impacts of the proposed reclassification upon important natural systems or habitats; maintenance of valued cultural, historical, or natural resources; maintenance of natural and agricultural resources important to Hawaii's economy; commitment of state funds and resources; and opportunities for employment, economic development, and housing.

The legislature also finds that according to the United States Census Bureau, Hawaii's population was 1,360,301 in 2010, which is 12.3 per cent higher than the census population in 2000. Furthermore, the United States Census Bureau also indicates that Hawaii had the fifteenth highest population density in the nation in 2010 at 211.8 people per square mile. Hawaii's increasing population and population density continue to present challenges and produce cumulative effects in areas such as affordable housing, transportation and infrastructure, environmental impacts, availability of natural resources, and other issues.

The legislature also finds that in a recent circuit court case, the court decided against the land use commission's action to reclassify South Kohala lands, set for urbanization, to agricultural land. The circuit court ruled in favor of the developer stating that the land use commission "lost sight of its mission". Although the land use commission had given several concessions to the developers dating back to 1989, the circuit court suggested that since development was finally progressing it did not seem right to stop it. The circuit court further agreed that the developers had been unfairly targeted by commissioners, as the attorneys for the developers argued that housing requirements had been removed for at least seven other developments.

Furthermore, the legislature finds that another controversial situation between developers and the land use commission, regarding Ewa Beach properties, also leads to serious concerns as to whether the state and county have legal authority to enforce a developer's promises. Residents of Ewa Beach were led to believe that the developer, Haseko, would build a maritime community, among other amenities. However, after three decades of planning, Haseko announced that there would be no marina but instead a lagoon with no outlet to the ocean. Haseko reasoned that the change would better serve the community and company to realize the visions in a more timely and economically efficient way. As in the South Kohala matter, the land use commission was authorized to reclassify the land for agricultural use if it determined that the developer was not complying with conditions. However, under chapter 205, Hawaii Revised Statutes, only the counties have the authority to enforce land use commission classifications and use restrictions and conditions relating to agricultural districts.

The legislature further finds that a review of the existing criteria that the land use commission uses during its decision making process would help ensure that the commission considers not only the immediate impacts of reclassifications, but also the cumulative and long-term impacts of its reclassification decisions. A review of the land use commission's process regarding enforcement and penalties will prevent future lawsuits by clarifying a developer's duties and responsibilities to the land use commission and the land use commission's authority over the developers.

The purpose of this Act is to create a task force to review the requirements under chapter 205, Hawaii Revised Statutes, and make recommendations to ensure that the land use commission:

(1) Considers the cumulative and long-term impacts of all pending and proposed development requests during its review of reclassification petitions; and

(2) Has the necessary authority to enforce the use of lands allowed within each respective land use district and penalize violators of allowed land uses or of the petition for boundary amendment process.

SECTION 2. (a) The office of planning shall convene a task force to review all requirements under chapter 205, Hawaii Revised Statutes, and make recommendations to ensure that the land use commission considers the cumulative and long-term impacts of all pending and proposed development requests during its review of reclassification petitions. The task force shall also examine the process for hearing petitions for district boundary amendments and the land use commission's authority or lack of sufficient authority to enforce the uses allowed within each respective land use district and penalize violators of allowed uses or of the petition for boundary amendment process.

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

(1) The executive director of the land use commission, or the executive director's designee, as an ex-officio nonvoting member;

(2) One representative of the office of planning;

(3) One representative of the office of Hawaiian affairs;

(4) One representative of the department of land and natural resources;

(5) One representative of the department of agriculture; and

(6) One representative of a non-profit environmental organization to be appointed by the governor.

(c) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013. The legislative reference bureau shall assist the task force in drafting its recommendations and any proposed legislation.

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

SECTION 3. The task force shall cease to exist after June 30, 2013.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3070
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII