STAND. COM. REP. NO. 2519

Honolulu, Hawaii

RE: S.B. No. 2986

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2986 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to authorize the Land Use Commission to amend, revise, or modify a decision and order granting a district boundary amendment, or fine a petitioner, upon finding that petition or its successors or assigns have not adhered to the conditions imposed by the Commission, regardless of whether there has been substantial commencement of use of the land.

Your Committee received testimony in support of this measure from the one individual.

Your Committee received comments on this measure from the Office of Planning and Sustainable Development.

Your Committee finds that the Land Use Commission has insufficient enforcement power to address noncompliance with district boundary amendments. Your Committee also finds that only in limited circumstances can the Land Use Commission enforce its decisions before there has been substantial commencement of the use of the land. Furthermore, the Land Use Commission can only assess one type of penalty, which is reversion to the former land use classification, and is unable to change or modify conditions that could be more appropriate. This measure supports the State's economic and social interests of promoting project completion by giving the Land Use Commission more authority and flexibility to amend, revise, or modify its decisions and to remedy noncompliance violations without having to revoke permits and stop a project.

Your Committee has amended this measure by 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, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2986, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2986, S.D. 1, and be referred to your Committee on Judiciary.

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

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CHRIS LEE, Chair