Government Affairs Update
May 2, 2008
ONLINE VERSIONS
2) Bills that passed the legislature
3) Bills that did not pass the legislature
BILLS THAT HAVE BECOME LAW
Act 12, H.B. 2428 Relating to Highways
Description: Exempts state highways projects from county subdivision approvals regarding highway projects that involve acquisitions.
Position: MONITOR. An exemption would help expedite Department of Transportation project delivery and eliminate the lengthy review process. Many has shared that county’s ministerial practices are gravitating towards becoming more of a discretionary approval.
Act 13, S.B. 1809 Relating to Condominiums
Description: Requires scheduling of special association meetings by petition to be set no later than 60 days from receipt of petition and clarifies that petitioners may send out notice of meeting and proxies at the expense of the association.
Position: MONITOR. Chapter 514B provides an opportunity for condo owners or association to request a special meeting, provided that at least 25% of owners request it. Meetings sometimes are convened many months later, which defeats the purpose.
Act 26, H.B. 2523 Relating to Land Use Commission
Description: Amends Land Use Commission decision-making criteria to include the County General Plan and plans adopted pursuant to the general plan.
Position: SUPPORT. HAR served on the Interim Task Force on Smart Growth, pursuant to HR 259, Regular Session of 2007. It requires the Land Use Commission to specifically consider the General Plan of all community development plans, as they relate to the land that is subject for reclassification. This bill would make such requirement statutory, as the Land Use Commission has already implemented the requirement in their administrative rules.
Act 28, S.B. 2401 Relating to Condominiums
Description: Amends various provisions of the HRS relating to condominiums for the purpose of correcting errors and references, and clarifying language.
Position: MONITOR. Act 164, Session Laws of Hawaii 2004, repealed portions of chapter 514A, relating to condominium property regimes, and enacted a new condominium law, codified as chapter 514B. Act 164 also substituted references to chapter 514B in place of chapter 514A in a substantial number of HRS sections. Act 244, Session Laws of Hawaii 2007, reinstated the portions of chapter 514A that were repealed in the 2004 legislation, resulting in two operative chapters relating to condominiums, but did not, among other things, reinstate the references to chapter 514A in the HRS sections from which they had been deleted.
Act 31, H.B. 2502 Relating to Solar Energy
Description: Makes solar energy facilities a permitted use in the agricultural district on class D or E land.
Position: MONITOR. This will help streamline and expedite the permitting process to allow solar energy facilities to be built on marginal agricultural lands.
For the most current and detailed information on bills, go to http://www.capitol.hawaii.gov for bill status and descriptions.