SB2007 HD1 HSCR849-02

 

STAND. COM. REP. NO.849-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2007

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Water and Land Use and Agriculture, to which was referred S.B. No. 2007, S.D. 2, entitled:

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

beg leave to report as follows:

The purpose of this bill is to authorize the counties to permit home occupations in the agricultural district without requiring a state special permit.

For the purposes of this public hearing, your Committees circulated a proposed H.D. 1 version that inserts additional provisions from H.B. No. 2662, H.D. 2, that:

(1) Establishes standards, criteria, and a process for the identification of important agricultural lands (IAL);

(2) Promotes the usage of the rural district to absorb development pressures currently directed at the agricultural district; and

(3) Provides a one-time process to reclassify certain lands to the rural district.

 

 

 

Testifying in support of the proposed draft were the Office of Planning (OP) and Land Use Commission. The Department of Agriculture (DOA) and Hawaii Farm Bureau Federation supported this measure with amendments. The Hawaii Leeward Planning Conference, City and County of Honolulu Department of Planning and Permitting, Land Use Research Foundation of Hawaii, Hawaii Resort Developers Conference, Hawaii Reserves, Inc., The Estate of James Campbell, Grove Farm Company, Princeville Corporation, Hawaii's Thousand Friends, Sierra Club, Hawaii Chapter, and one individual opposed this measure. Seven individuals offered comments.

Testimony was also submitted on the S.D. 2 version. One individual supported this measure, and the County of Hawaii Planning Department and the City and County of Honolulu Department of Planning and Permitting supported its intent.

Your Committees have amended the proposed draft by:

(1) Directing OP and DOA to conduct its first review of the IAL maps beginning in 2002;

(2) Requiring that a copy of the special permit petition be sent to the Office of Environmental Quality Control for publication in its periodic bulletin;

(3) Reinstating references to the soil productivity ratings of the Land Study Bureau in Part I to ensure that both IAL and A and B lands are protected; your Committees find that in some cases, lands with A and B rated soils are outside of the IAL boundaries;

(4) Specifying that A and B lands, in addition to IALs, shall be retained in the agricultural district when OP conducts its one-time reclassification of lands from agricultural to the rural district;

(5) Inserting the amount of $50,000 for the one-time reclassification of lands from agricultural to the rural district; and

(6) Clarifying the provisions relating to home occupations by:

(a) Allowing home occupations in a permitted single-family dwelling constructed on a lot prior to June 4, 1976;

(b) Allowing one employee for the home occupation;

(c) Requiring the county to coordinate with DOA in the development of standards and criteria; and

(d) Making technical, nonsubstantive amendments.

As affirmed by the records of votes of the members of your Committees on Water and Land Use and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2007, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2007, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Water and Land Use and Agriculture,

 

____________________________ FELIPE P. ABINSAY, Chair		____________________________ EZRA KANOHO, Chair