STAND. COM. REP. NO. 520

Honolulu, Hawaii

RE: S.B. No. 463

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 463 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY DEVELOPMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require each county to adopt, no later than June 30, 2024, ordinances applicable to subdivisions not approved by July 1, 2024, requiring as a condition of approval, the subdivider or developer to obtain a street address and install a mailbox for lots, parcels, structures, or units of a structure within the subdivision before the sale or lease thereof; and

(2) Require condominium maps recorded in the Bureau of Conveyances or registered in the Land Court after June 30, 2024, to include a mailbox plan for the condominium property regime, showing the location of all mailboxes for all units in the regime.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from the Department of Planning and Permitting of the City and County of Honolulu and one member of the Maui County Council.

Your Committee finds that the ability to receive and send mail is of the utmost importance to a homeowner or renter. Through the mail, a person can pay their utility bills, obtain important medicines, or send personal correspondence to friends and family. However, your Committee finds that not all units within a condominium property regime have a mailbox that can be serviced by the United States Postal Service. Therefore, this measure ensures that all lots, parcels, structures, and units of structures located within newly created subdivisions and all units located within newly created condominium property regimes in the State have a mailbox that can be utilized by the United States Postal Service to deliver mail, should the United States Postal Service decide to extend its delivery services to the location.

Your Committee has amended this measure by:

(1) Requiring that, prior to the sale of residential real property, the property owner shall make a good faith declaration as to the existence, or lack thereof, of a United States Postal Service deliverable mailbox for the property being sold;

(2) Amending section 1 to reflect its amended purpose;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 463, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 463, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

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

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LORRAINE R. INOUYE, Chair