STAND. COM. REP. NO. 934

Honolulu, Hawaii

, 2023

RE: H.B. No. 676

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 676, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DISTRICT BOUNDARY AMENDMENTS,"

begs leave to report as follows:

The purpose of this measure is to authorize the appropriate county land use decision-making authority to determine district boundary amendments involving certain land areas over fifteen acres if the county has adopted an ordinance that meets certain requirements, including the requirement that the county own and retain the land for at least ninety-nine years.

Your Committee received testimony in support of this measure from the Hawaii Housing Finance and Development Corporation, Hawai‘i Association of REALTORS, Building Industry Association of Hawaii, and Maui Chamber of Commerce. Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs, Kūpuna for the Mo‘opuna, Hawai‘i Alliance for Progressive Action, and three individuals. Your Committee received comments on this measure from the Department of Agriculture, Land Use Commission, Sierra Club of Hawai‘i, and Grassroot Institute of Hawaii.

Your Committee finds that this measure will provide the counties with the flexibility to make certain district boundary amendments and increase the availability of affordable housing in Hawaii.

Your Committee notes the Land Use Commission's testimony and finds that, when adopting an ordinance to amend district boundaries, the counties should ensure compliance with:

(1) The open meeting requirements of chapter 92, Hawaii Revised Statutes; and

(2) The Public Trust Doctrine, as set forth in various Supreme Court decisions, in the granting or denial of any district boundary amendment.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 676, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair