STAND. COM. REP. NO. 1190-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1845

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1845, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Specify that a simple majority of affirmative votes of the members of the Land Use Commission present at a meeting and qualified to vote is required for any boundary amendment;

(2) Clarify that a majority of all members to which the Land Use Commission is entitled shall be necessary to constitute a quorum; and

(3) Clarify that a two-thirds vote shall be necessary for actions taken by the Land Use Commission regarding Important Agricultural Lands.

Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii; Avalon Development Company; and Housing Hawaiʻi's Future. Your Committee received testimony in opposition to this measure from one member of the Maui County Council; Sierra Club of Hawaiʻi; Hawaii Reef and Ocean Coalition; Climate Protectors Hawaii; Environmental Caucus of the Democratic Party of Hawaiʻi; Kupuna for the Moʻopuna; Shimanchu Mamuyaa; Hanalei Watershed Hui; Hawaiʻi Regional Council of Carpenters; Pacific Resource Partnership; Green Party of Hawaiʻi; Kauai Climate Action Coalition; and numerous individuals. Your Committee received comments on this measure from the Land Use Commission and Office of Planning and Sustainable Development.

Your Committee finds that although the Land Use Commission plays a critical role in safeguarding statewide public interests in land use decision-making, delays and uncertainty in the land use approval process have contributed to increased costs and barriers to housing development. Your Committee further finds existing law requires six out of nine members of the Land Use Commission to affirmatively vote to approve any boundary amendment, regardless of any vacancies or absences among Commission members. This measure seeks to expedite the approval process by amending the voting requirements to require a simple majority of affirmative votes by present Land Use Commission members for district boundary amendments while preserving the Hawaii State Constitution's requirements relating to Important Agricultural Lands.

Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

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. 1845, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1845, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair