SB 740: RELATING TO SPECIAL PERMITS.

A BILL FOR AN ACT

RELATING TO special permits.

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

     SECTION 1.  Section 205-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Special permits for land the area of which is greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the land use commission.  The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant.  The land use commission may designate another agency, including but not limited to the office of planning and sustainable development, department of agriculture, or agribusiness development corporation, to monitor compliance with any restrictions imposed in the permit."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

LUC; Special Permits; Agricultural District; Rural District; Compliance Monitoring; OPSD; HDOA; ADC

Description:

Authorizes the Land Use Commission to designate another agency, including the Office of Planning and Sustainable Development, Department of Agriculture, or Agribusiness Development Corporation, to monitor compliance with any restrictions imposed in a special permit.

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. 364

Honolulu, Hawaii

RE:    S.B. No. 740

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred S.B. No. 740 entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL PERMITS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Land Use Commission to designate another agency, including the Office of Planning and Sustainable Development, Department of Agriculture, or Agribusiness Development Corporation, to monitor compliance with any restrictions imposed in a special permit.

     Your Committee received testimony in support of this measure from Hawaii Food+ Policy.

     Your Committee received comments on this measure from the Office of Planning and Sustainable Development, Department of Agriculture, and Land Use Commission.

     Your Committee finds that special permits are a vital tool in land use management, particularly for areas exceeding fifteen acres or designated as important agricultural lands.  Your Committee further finds that special permits allow the Land Use Commission to impose specific conditions that align with the State's goals for sustainable development and environmental protection.  However, existing law does not provide for ongoing oversight after an applicant has been granted a permit.  This measure ensures that permittees adhere to the conditions set forth in their permits by authorizing the Land Use Commission to designate certain other state agencies to monitor compliance with the terms and conditions of a special permit.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 740 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

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