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October 1972

Stockholm Conference (Edie Idler)
Garbage - Where it's at on Oahu (Judy Blatchford)
Mayor Kimura's Formula for Good Results from Planning
Reflections from Hubby
National Convention! (Sara Thompson)
LWV - Hawaii Directory - 1972-73
Legislative Log: Land Use (Carol Whitesell)
Election Laws, Campaign Finances, Ethics (Nan Lowers & Alice Scott)
Schools (Frances McLeod)

Legislative Log

Session Wrap-Up
June, 1972

Land Use

Although the League does not yet have a land use position, the Land Use Study Committee found it most instructive to keep track of proposed legislation relating to land use. The Legislature will be our arena next session.

There were a lot of bills (preservation of agricultural land, ┬░pen space, curbs on speculation, the composition of the Land Use Commission), but in general there was a lack of a coherent approach to Hawaii's land use problems.

Overview Corporation, charged with responsibility of developing a comprehensive land use program, proposed only general recommendations with no legislative package to implement those recommendations. The board recommendations;

1. development of a policy of quality growth

2. reorganization of Dept. of Planning and Economic Development (DPED) to include functions of planning, environmental protection and land use control

3. creation of a Fund for the Environment, financed by general obligation bonds, to be used for land acquisition (land bank).

Several bills implementing parts of the Overview recommendations were introduced, but only one passed, and has been signed by the Governor. SB 1806, introduced by DPED, in its final form directs the Lt. Governor's office to develop a quality growth policy and appropriates $10,000 to do so. The House also adopted resolutions for an interim committee to work with DPED on a legislative action program to implement the Open Space Plan proposed by Overview.

Conditions on Rezoning by LUC

The most unexpected action of the Legislature was passage of a bill which allows the Land Use Commission to impose conditions on district boundary changes, to assure that the petitioner will live up to his representations before the Commission. The conditions are to be recorded with the land so that they will be binding on future owners or holders of development rights. The Land Use Commission will have to develop regulations for implementation and enforcement of this legislation. Some provision will be needed to relate the Land Use Commission's conditions to county plans. The county still retains jurisdiction over lands in the urban D strict. Otherwise a developer could be immobilized between conflicting requirements.

Public Hearings

The same bill, HB 2249, changed the public hearing provisions of the land use law to say that hearings must be held in the appropriate county, instead of on the appropriate island. It has been pointed out to us that this bill, as well as the bills setting up Agricultural Preserves, are attempts to force the LUC to do what it already has the basic power to do, if it so chooses. A bill relating to public hearings in the Conservation District is 0 2144, which redefines "commercial uses" to exclude utility facilities. So the Board of Land and Natural Resources will no longer be required to hold a public hearing for placement of electric transmission lines on Conservation lands.

Carol Whitesell

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