HB 1845: LUC; Decision-Making Process; Boundary Amendment

A BILL FOR AN ACT

RELATING TO THE LAND USE COMMISSION.

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

     SECTION 1.  The legislature finds that the time and cost required to construct new housing can be substantially increased by delays in obtaining required permits and approvals.

     The legislature also finds that according to a study conducted by the university of Hawaii economic research organization, the average length of approval delay in Hawaii is three times the national average.  Similarly, research by the Grassroot Institute of Hawaii has found that it can take up to ten years to obtain necessary approvals to develop new housing in the State.  These delays increase uncertainty and expenses, which disincentivize development and can considerably increase the cost to build new homes.

     The legislature further finds that the average price of housing in the State has increased substantially in recent years.  In September 2012, the median home price on Oahu was $637,000.  Ten years later, in September 2022, the median home price had skyrocketed to $1,100,000.

     The legislature notes that under existing state law, six out of the nine members of the land use commission must affirmatively vote to approve any boundary amendment, regardless of any vacancies or absences among commission members.  Adjusting this law may help to expedite the approval process, which will help to accelerate housing development and address the State's excessive permit and approval times.

     Accordingly, the purpose of this Act is to 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.

     SECTION 2.  Section 205-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There shall be a state land use commission, hereinafter called the commission.  The commission shall consist of nine members who shall hold no other public office and shall be appointed in the manner and serve for the term set forth in section 26-34.  One member shall be appointed from each of the counties and the remainder shall be appointed at large; provided that one member shall have substantial experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices.  The commission shall elect its chairperson from one of its members.  The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties.  [Six] A majority of all the members to which the commission is entitled shall constitute a quorum to do business.  A two-thirds vote shall be necessary for actions taken by the commission pursuant to article XI, section 3, of the Hawaii State Constitution.  A simple majority of affirmative votes of the members present and qualified to vote shall be necessary for any boundary amendment."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

LUC; Decision-Making Process; Boundary Amendment

Description:

Specifies 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.  Clarifies that a majority of all members to which the Land Use Commission is entitled shall be necessary to constitute a quorum.  Clarifies that a two-thirds vote shall be necessary for actions taken by the Land Use Commission regarding Important Agricultural Lands.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE LAND USE COMMISSION.

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

     SECTION 1.  The legislature finds that the time and cost required to construct new housing can be substantially increased by delays in obtaining required permits and approvals.

     The legislature also finds that according to a study conducted by the university of Hawaii economic research organization, the average length of approval delay in Hawaii is three times the national average.  Similarly, research by the Grassroot Institute of Hawaii has found that it can take up to ten years to obtain necessary approvals to develop new housing in the State.  These delays increase uncertainty and expenses, which disincentivize development and can considerably increase the cost to build new homes.

     The legislature further finds that the average price of housing in the State has increased substantially in recent years.  In September 2012, the median home price on Oahu was $637,000.  Ten years later, in September 2022, the median home price had skyrocketed to $1,100,000.

     The legislature notes that under existing state law, six out of the nine members of the land use commission must affirmatively vote to approve any boundary amendment, regardless of any vacancies or absences among commission members.  Adjusting this law may help to expedite the approval process, which will help to accelerate housing development and address the State's excessive permit and approval times.

     Accordingly, the purpose of this Act is to 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.

     SECTION 2.  Section 205-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There shall be a state land use commission, hereinafter called the commission.  The commission shall consist of nine members who shall hold no other public office and shall be appointed in the manner and serve for the term set forth in section 26-34.  One member shall be appointed from each of the counties and the remainder shall be appointed at large; provided that one member shall have substantial experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices.  The commission shall elect its chairperson from one of its members.  The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties.  [Six] A simple majority of affirmative votes of the members present and qualified to vote shall be necessary for any boundary amendment[.]; provided that:

     (1)  A majority of all the members to which the commission is entitled shall constitute a quorum to do business; and

     (2)  A two-thirds vote shall be necessary for actions taken by the commission pursuant to article XI, section 3, of the Hawaii State Constitution."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

LUC; Decision-Making Process; Boundary Amendment

Description:

Specifies 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.  Clarifies that a majority of all members to which the Land Use Commission is entitled shall be necessary to constitute a quorum.  Clarifies that a two-thirds vote shall be necessary for actions taken by the Land Use Commission regarding Important Agricultural Lands.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE LAND USE COMMISSION.

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

     SECTION 1.  The legislature finds that the time and cost required to construct new housing can be substantially increased by delays in obtaining required permits and approvals.

     The legislature also finds that, according to a study conducted by the university of Hawaii economic research organization, the average length of approval delay in Hawaii is three times the national average.  Similarly, research by the Grassroot Institute of Hawaii has found that it can take up to ten years to obtain necessary approvals to develop new housing in the State.  These delays increase uncertainty and expenses, which disincentivize development and can considerably increase the cost to build new homes.

     The legislature further finds that the average price of housing in the State has increased substantially in recent years.  In September 2012, the median home price on Oahu was $637,000.  Ten years later, in September 2022, the median home price had skyrocketed to $1,100,000.

     The legislature notes that under existing state law, six out of the nine members of the land use commission must affirmatively vote to approve any boundary amendment, regardless of any vacancies or absences among commission members.  Adjusting this law may help to expedite the approval process, which will help to accelerate housing development and address the State's excessive permit and approval times.

     Accordingly, the purpose of this Act is to 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.

     SECTION 2.  Section 205-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There shall be a state land use commission, hereinafter called the commission.  The commission shall consist of nine members who shall hold no other public office and shall be appointed in the manner and serve for the term set forth in section 26-34.  One member shall be appointed from each of the counties and the remainder shall be appointed at large; provided that one member shall have substantial experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices.  The commission shall elect its chairperson from one of its members.  The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties.  [Six] A simple majority of affirmative votes of the members present and qualified to vote shall be necessary for any boundary amendment."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

LUC; Decision-Making Process; Boundary Amendment

Description:

Specifies 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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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,

STAND. COM. REP. NO.  338-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1845

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1845 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 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.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii.  Your Committee received testimony in opposition to this measure from the Sierra Club of Hawaiʻi; Moanalua Gardens Foundation; Chamber of Sustainable Commerce; Free Access Coalition; and numerous individuals.  Your Committee received comments on this measure from the Department of the Attorney General; Office of Planning and Sustainable Development; and Land Use Commission.

     Your Committee finds that the time and cost required to construct new housing can be substantially increased by delays in obtaining required permits and approvals.  Your Committee further finds that under existing state law, six out of the nine members of the Land Use Commission must affirmatively vote to approve any boundary amendment, regardless of any vacancies or absences among Commission members.  This measure seeks to expedite the Land Use Commission's approval process, which would help to accelerate the development of housing for Hawaii's people.

     Your Committee has amended this measure by:

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

     (2)  Clarifying that a two-thirds vote shall be necessary for actions taken by the Land Use Commission regarding Important Agricultural Lands;

     (3)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (4)  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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1845, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1845, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,