STAND. COM. REP. NO. 421-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 1542

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 1542 entitled:

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

begs leave to report as follows:

The purpose of this measure is to authorize, between July 1, 2024 and December 31, 2026, each county planning commission to petition for the redistricting of land from the agricultural district to the rural district through the Land Use Commission's declaratory ruling process.

Your Committee received testimony in support of this measure from the Office of Planning and Sustainable Development and Hawaiʻi Farm Bureau. Your Committee received comments on this measure from the Department of Agriculture and Land Use Commission.

Your Committee finds that small lot subdivisions exist in agricultural districts within each county that may be more appropriately placed within the rural district. Many of these lots were created for speculative purposes prior to the enactment of the State Land Use Law in 1961. Your Committee further finds that the counties have an interest in redistricting these lands as they may contain lots and uses that are non-conforming or of insufficient size to support commercial agricultural use. Your Committee believes that reclassification of lands that is consistent with a county general plan and community development plan is the most effective means to align state and county land use policy.

Your Committee has amended this measure by:

(1) Requiring the area petitioned for redistricting from the agricultural district to the rural district to be supported by the applicable county plan;

(2) Extending the sunset date of this measure to December 31, 2027;

(3) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1542, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1542, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

LINDA ICHIYAMA, Chair