STAND. COM. REP. NO. 3315

Honolulu, Hawaii

RE: H.B. No. 1542

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Water and Land and Government Operations, to which was referred H.B. No. 1542, H.D. 2, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to allow each of the counties a temporary opportunity 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 Committees received testimony in support of this measure from the Office of Planning and Sustainable Development.

Your Committees received testimony in opposition to this measure from three individuals.

Your Committees received comments on this measure from the Department of Agriculture and Land Use Commission.

Your Committees find that the counties currently do not have the tools to efficiently address existing non-conforming agricultural district lands, which have residential subdivisions that should be reclassified to the rural district. Reclassification that is consistent with the county general plan and community development plans is the most effective means to align state and county land use policy that seeks to separate non-farm residential uses from bona fide farming. This measure will temporarily allow the counties to petition for the redistricting of land from the agricultural district to the rural district through the Land Use Commission's declaratory orders process, rendering state and county land use policy more consistent.

Your Committees have amended this measure by:

(1) Inserting language specifying that the applicable county planning commission must provide required due process for district boundary amendments under constitutional and statutory law; and

(2) Inserting language requiring the Office of Planning and Sustainable Development to appear as a party to every case of redistricting at both state and county levels to make recommendations addressing state interests and public trust issues.

As affirmed by the records of votes of the members of your Committees on Water and Land and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1542, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1542, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________ ANGUS L.K. MCKELVEY, Chair

________________________________ LORRAINE R. INOUYE, Chair