REPORT TITLE:
Land Use Planning Task Force


DESCRIPTION:
Establishes the land use planning task force (task force) to
study and recommend constitutionally-acceptable strutural
changes to the land use regulatory system.  Requires the
legislative auditor to submit a report to the legislature prior
to the regular session of 2002 regarding the task force's
efforts, areas of duplicative governmental action regarding
enforcement of land use regulations, and recommendations to
eliminate submit a report and recommend changes to reduce such
duplicative efforts, should the task force fail to carry out its
mission.  (HB2743 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2743
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO LAND USE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the duplication of
 
 2 efforts by government agencies in Hawaii's current land use
 
 3 regulatory system removes the critical factor of accountability
 
 4 in the quest for government efficiency.  Effective, efficient,
 
 5 and economical government operations mandate that an agency
 
 6 perform its functions and duties in such a comprehensive and
 
 7 conscientious manner that another agency in its review or action
 
 8 can confidently focus its resources on areas of concern that were
 
 9 not addressed by the other agency.  The adverse economic and
 
10 social impacts of the cost and time elements of land development
 
11 is so widespread in our society that the legislature would be
 
12 remiss if it did not seek to eliminate this redundancy in the
 
13 land use permitting process. 
 
14      The State and counties have had continuing discussions for
 
15 over three years on various remedial actions to make the current
 
16 land use regulatory system more efficient, expeditious, and cost
 
17 effective.  While meaningful dialog is encouraged and supported,
 
18 it is incumbent upon the legislature to determine when to
 
19 translate words into action.  It is time for action.
 

 
Page 2                                                     2743
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      Part I of this Act gives the state and counties an
 
 2 opportunity to recommend specific remedial action to eliminate
 
 3 duplicative efforts in regulating land use.  If they fail to take
 
 4 this opportunity, Part II directs the auditor to study and
 
 5 recommend remedial action.  Accordingly, the purpose of this Act
 
 6 is to:
 
 7      (1)  Create a public-private task force to study and
 
 8           recommend constitutionally-acceptable structural
 
 9           changes to the land use regulatory system; and 
 
10      (2)  Should the task force fail in its mission, then to
 
11           authorize the auditor to investigate the task force's
 
12           efforts, study the duplication of agencies, and
 
13           recommend remedial action.
 
14                              PART I
 
15      SECTION 2.  (a)  There is established, within the department
 
16 of business, economic development, and tourism for administrative
 
17 purposes, the land use planning task force to study and recommend
 
18 constitutionally-acceptable structural changes to the land use
 
19 regulatory system to:
 
20      (1)  Eliminate any costly and unnecessary duplication and
 
21           inefficiency that exists under the current land use
 
22           regulatory system; and
 

 
 
 
Page 3                                                     2743
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (2)  Allow the affected parties with regard to the land use
 
 2           regulatory system to:
 
 3           (A)  Develop a land use planning system that addresses
 
 4                the duplication problems;
 
 5           (B)  Create clear and separate accountability for the
 
 6                State and the counties; and
 
 7           (C)  Reduce the processing time in obtaining business
 
 8                and development approvals.
 
 9      (b)  The task force shall consist of the following twelve
 
10 members: 
 
11      (1)  The director of the office of planning of the
 
12           department of business, economic development, and
 
13           tourism or the director's designated representative;
 
14      (2)  The chairperson of the board of land and natural
 
15           resources or the chairperson's designated
 
16           representative;
 
17      (3)  The chairperson of the board of agriculture or the
 
18           chairperson's designated representative;
 
19      (4)  The chairperson of the office of Hawaiian affairs or
 
20           the chairperson's designated representative;
 
21      (5)  The chairperson of the land use commission or the
 
22           chairperson's designated representative;
 

 
 
 
Page 4                                                     2743
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (6)  One representative from each of the four county
 
 2           planning departments, who shall be appointed by the
 
 3           respective mayors;
 
 4      (7)  The environmental coordinator of the University of
 
 5           Hawaii's environmental center or the coordinator's
 
 6           designated representative;
 
 7      (8)  A representative designated by the land use research
 
 8           foundation; and
 
 9      (9)  A representative designated by Hawaii's Thousand
 
10           Friends.
 
11 The director of the office of planning of the department of
 
12 business, economic development, and tourism or the director's
 
13 designated representative shall be the chairperson of the task
 
14 force.  Any vacancy on the task force shall be filled in the same
 
15 manner in which the original position was filled.  The members
 
16 shall receive no compensation for their services, but may be
 
17 reimbursed for travel expenses incurred in the performance of
 
18 their duties subject to the availability of funds in subsection
 
19 (c).
 
20      (c)  There is established a special fund to be known as the
 
21 land use planning task force special fund.  To the extent that
 
22 there are sufficient funds, the special fund shall reimburse the
 
23 task force members for travel expenses incurred in the
 

 
Page 5                                                     2743
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 performance of their duties.  All moneys for the special fund
 
 2 shall be provided from gifts, donations, and grants from private
 
 3 persons.  All interest earned or accrued on money deposited in
 
 4 the fund shall become part of the fund.  Any balance in the
 
 5 special fund at the termination of the task force shall be
 
 6 deposited into the general fund.  The special fund shall be
 
 7 administered by the legislative reference bureau.
 
 8      (d)  The task force shall submit a report of its activities,
 
 9 findings, and recommendations for specific constitutional and
 
10 statutory changes to the legislature no later than twenty days
 
11 prior to the convening of the regular session of 2001.
 
12      (e)  The task force shall cease to exist on June 30, 2001.
 
13                              PART II
 
14      SECTION 3.  In the event the task force fails to timely
 
15 submit a report and recommendations pursuant to section 2(d) of
 
16 this Act, the auditor shall submit a report to the legislature no
 
17 later than twenty days prior to the convening of the regular
 
18 session of 2002.  The report shall address the following matters:
 
19      (1)  The circumstances surrounding the failure of the task
 
20           force to submit the report and recommendations required
 
21           by section 2(d) of this Act, including the cooperation
 
22           between the agencies and their respective efforts in
 
23           complying with the purpose of this Act;
 

 
Page 6                                                     2743
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (2)  The nature and extent of duplicative governmental
 
 2           action in a common area of concern with respect to the
 
 3           enforcement of land use regulations where a land owner
 
 4           must obtain the approval of both the State and county;
 
 5           and 
 
 6      (3)  Recommendations and specific constitutionally-
 
 7           acceptable and statutory changes to eliminate costly
 
 8           and unnecessary duplication and inefficiency that exist
 
 9           under the current land use regulatory system.
 
10      SECTION 4.  This Act shall take effect upon its approval.