SUPPORT HB2103 HD2: Land Use BillS
/March 21 Update: HB1844 HD2 DEFEATED!
HB2103 HD2 would ensure that at least one member of the Land Use Commission has experience and expertise in water resource management, so that the Commission’s decisions can better understand and account for water availability, protection, and use in large scale land use changes - absolutely critical considerations for any land use proposal. This measure would also allow the Office of Hawaiian Affairs to submit a list of names to the Governor to fill the Commission’s Native Hawaiian cultural expert seat. This measure is being heard on Tuesday, March 24, at 1:01pm in Capitol room 224, before the Senate Water, Land, Culture and the Arts and Hawaiian Affairs Committees.
HB1844 HD2 was deferred by the Senate Water, Land, Culture and the Arts Committee and Energy and Intergovernmental Affairs Committee on March 17. Congratulations and mahalo nui to all who testified to make sure this bad land use bill did not make it through the legislature!
March 17 Update
On Thursday, March 19 at 3:00pm, the Energy and Governmental Affairs and the Water, Land, Culture and the Arts Committees will hear HB1844 HD2 (watch live here). This measure forces the Land Use Commission (LUC) to urbanize land at county request, sidelining public testimony and expert review. Amendments were made by the committee but they did not fully address our concerns.
Please take a moment to submit testimony to safeguard our islands from drastic land use changes that could permanently impair our ability to protect our food security, cultural integrity, resilience, and other critical public interest. Sample testimony below!
February 26 Update
HB1844 HD1 was unfortunately passed by the House Committee on Judiciary & Hawaiian Affairs on February 24. This measure forces the Land Use Commission (LUC) to urbanize land at county request, sidelining public testimony and expert review. Amendments were made by the committee but they did not fully address our concerns.
Mahalo nui to the over 114 individuals and organizations who submitted testimony in opposition.
HB1845 HD1 was unfortunately passed by the House Committee on Judiciary & Hawaiian Affairs on February 24. This measure allows major land use changes to be approved by as few as three Land Use Commission members.
Mahalo nui to the over 18 individuals and organizations who submitted testimony in opposition.
HB2103 HD1 was passed by the House Committee on Judiciary & Hawaiian Affairs on February 24. This measure requires water expertise on the Land Use Commission and ensuring the Native Hawaiian cultural expert is selected from OHA nominees.
Mahalo nui to the over 79 individuals and organizations who submitted testimony in support and special thanks to Chair Tarnas and Vice Chair Poepoe for passing this measure.
February 22 Update
Critical measures that either strengthen or decimate responsible land use planning are up for their next round of hearings on Tuesday, February 24 at 2pm in room 325 (watch online here) in the House Committee on Judiciary & Hawaiian Affairs.
Please take a moment to submit testimony to safeguard our islands from drastic land use changes that could permanently impair our food security, cultural practices, recreational opportunities, housing affordability, and climate resilience - sample testimony below!
Bad Bills: Fast Tracking Irresponsible Land Use Changes
HB1844 HD1 would require the Land Use Commission to urbanize potentially large swaths of land at the request of the counties, without any opportunity for farmers, cultural practitioners, climate scientists, and other experts and stakeholders to have their rights and testimonies explicitly considered, accounted for, and incorporated into development conditions that could otherwise protect our food security, cultural integrity, resilience, and other critical public interests.
HB1845 HD1 would allow vast land use changes, including the urbanization of agricultural, rural, and conservation lands, to be approved by as little as three individuals - inviting oversights and uninformed land use decisionmaking, with consequences for our food and water security, cultural integrity, affordable housing supply, and climate resilience that may span generations.
Good Bill: Ensuring Water and Cultural Expertise in Land Use Planning
HB2103 HD1 would require that at least one member of the Land Use Commission has experience or expertise in water resource management, and require the Native Hawaiian cultural expert commissioner to be chosen from a list of names submitted by the Office of Hawaiian Affairs.
Sample testimony for HB1844 HD2
Aloha Chair Tarnas, Vice Chair Poepoe, and members of the Committee,
My name is ______ and I STRONGLY OPPOSE HB1844 HD1.
The Land Use Commission (LUC) has long administered a critical, comprehensive process to identify and mitigate impacts to natural and cultural resources, Native Hawaiian traditional and customary rights, food security, and other public interests that may be affected by the reclassification of conservation, rural, and agricultural lands into the urban district. Unlike existing county land use decisionmaking, the quasi-judicial nature of the LUC district boundary amendment process ensures that data and other information from technical experts, cultural practitioners, and other stakeholders are adequately considered and incorporated in district boundary amendment approvals. The LUC also possesses substantial institutional knowledge regarding how the public’s interest in large-scale land use changes can be consistently protected. One of the key reasons we have these safeguards in place is because of the extreme importance of land in Hawaiʻi, and the significant, myriad, and long-lasting if not irreversible impacts that land use changes can have on the public’s interests.
By forcing the LUC to urbanize lands at the request of the counties, without the comprehensive, objective, and transparent process it currently follows, this measure would all but invite long-term or irreversible impacts to our food security, Native Hawaiian traditional and customary rights, climate resilience, housing affordability, and many other important public interests, including those that are not closely examined or in some cases even considered in the county general plan process.
Accordingly, I respectfully but strongly urge the Committee to HOLD this measure.
Sincerely,
[Your name]
Sample testimony for HB1845 HD1
Aloha Chair Tarnas, Vice Chair Poepoe, and members of the Committee,
My name is ______ and I STRONGLY OPPOSE HB1845 HD1.
This measure would allow a vote of just three out of a quorum of five commissioners on the Land Use Commission (LUC) to render decisions affecting vast areas of land - decisions that could impact critically important public needs including but not limited to food security, water security and watershed health, Native Hawaiian traditional and customary practices, public trust resources, affordable housing, climate resilience, and more. I am deeply concerned that allowing just three individuals to approve district boundary amendments would invite oversights and decisions that fail to protect the public interest in responsible and thoughtful land use planning for our limited land base.
Given the stakes at play, and the need for multiple perspectives and a wide range of knowledge to protect and balance the community’s needs in land use decisionmaking, the LUC must retain its high standard of care, currently reflected in the six vote requirement for land use district boundary amendments.
Accordingly, I respectfully but strongly urge the Committee to HOLD this measure.
Sincerely,
[Your name]
Sample testimony for HB2103 HD1
Aloha Chair Tarnas, Vice Chair Poepoe, and members of the Committee,
My name is ______ and I STRONGLY SUPPORT HB2103 HD1.
Water is one of the most critical considerations in any decision regarding land use, yet the lack of any required water management expertise on the Land Use Commission (LUC) means that the LUC must often make land use decisions without the ability to properly assess developer’s assertions regarding the availability of water – or to otherwise understand the impacts of large-scale land use changes on regional water security.
In addition, the LUC provides one of if not the only opportunity for Native Hawaiian cultural practitioners to assert their constitutional traditional and customary rights and to have these rights explicitly considered and protected in land use decisionmaking; accordingly, its membership includes a cultural expert to help the LUC understand and protect Native Hawaiian cultural practices and rights. However, this cultural expert is appointed by the Governor, who may not necessarily have sufficient expertise or community connections to identify the best candidates to serve in this role.
HB2103 HD1 accordingly ensures that the LUC includes a member with water management expertise, and allows the Office of Hawaiian Affairs to help the Governor identify potential Commissioners to appropriately fill the LUC’s cultural expert seat. These are common-sense fixes that will ensure much more prudent land use planning and decisionmaking, while better safeguarding the cultural practices and resources that are the foundation of our islands’ identity and future resilience.
Accordingly, I respectfully urge the Committee to PASS this measure. Mahalo nui for the opportunity to testify.
Sincerely,
[Your name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “HB1844”, or “HB1845”, ”HB2103” where it says "Enter Bill or Measure."
Input your information, select “OPPOSE” (for HB1844 and HB1845) or “SUPPORT” (for HB2103), write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).
Don’t forget to spread the word!
February 12 Update
HB2103, which requires water expertise on the Land Use Commission and ensuring the Native Hawaiian cultural expert is selected from OHA nominees, was passed out of the House Committee on Water & Land on February 10.
Mahalo nui to the over 63 individuals and organizations who submitted testimony in support and special thanks to Chair Hashem and Vice Chair Morikawa for passing this measure.
HB1845, which allows major land use changes to be approved by as few as three Land Use Commission members, was unfortunately passed out of the House Committee on Water & Land on February 10. HB1845 was amended but our concerns were not fully addressed in those amendments.
Mahalo nui to the over 28 individuals and organizations who submitted testimony in opposition.
HB1844, which forces the Land Use Commission (LUC) to urbanize land at county request, sidelining public testimony and expert review, was unfortunately passed out of the House Committee on Water & Land on February 10. HB1844 was amended but our concerns were not fully addressed in those amendments.
Mahalo nui to the over 66 individuals and organizations who submitted testimony in opposition.
Bill Background & Info
Good news and bad news. Next Tuesday, February 10, at 9 am, the House Water & Land Committee will hear a number of bills that would either strengthen or decimate responsible land use planning. Please take a moment to submit testimony to safeguard our islands from drastic land use changes that could permanently impair our food security, cultural practices, housing affordability, and climate resilience - sample testimony below!
Good Bill: Water and Cultural Expertise in Land Use Planning
HB2103 would require that at least one member of the Land Use Commission has experience or expertise in water resource management, and require the Native Hawaiian cultural expert to be chosen from a list of names submitted by the Office of Hawaiian Affairs.
Bad Bills: Fast Tracking Land Use Changes
HB1845 would allow vast land use changes, including the urbanization of agricultural, rural, and conservation lands, to be approved by as little as three individuals - a majority of members present at a Land Use Commission meeting with the minimum quorum of five commissioners.
HB1844 would require the Land Use Commission to urbanize lands at the request of the counties, without any opportunity to consider the testimonies and evidence provided by farmers, cultural practitioners, climate scientists, and other experts and stakeholders, much less make written findings of fact and conclusions of law to address impacts to our food security, cultural integrity, and other public interests.
Why these bills are important
HB2103 - Water is one of the most critical considerations in any discussions regarding land use, yet the Land Use Commission must often make decisions over large-scale land use changes without the expertise necessary to assess developers’ assertions regarding water use and availability.
In addition, in many cases, the Land Use Commission provides the only opportunity for Native Hawaiian cultural practitioners to assert their constitutional traditional and customary rights, and have these rights explicitly considered and protected in land use decisionmaking; accordingly, its membership includes a required cultural expert to help the Commission understand and protect Native Hawaiian cultural practices and rights. However, this cultural expert is appointed by the Governor, who may not have the requisite expertise or community connections to identify the best candidates to serve in this role.
HB2103 ensures that the Commission includes a member with water management expertise, and allows the Office of Hawaiian Affairs to assess and nominate a list of candidates to fill the cultural expert seat.
HB1845 - The Land Use Commission makes decisions over land use changes involving up to hundreds of acres or more at a time - decisions that could impact the food and water security of our children and grandchildren, and the environmental and cultural integrity of the islands they inherit. Accordingly, we must maintain the high level of care that is embodied in the six-member approval process for land use district boundary amendments.
HB1845 would instead allow as little as three commissioners to review and approve large-scale land use changes, risking decisions that fail to adequately understand and address the range of myriad public interests that the Land Use Commission is otherwise tasked with protecting.
HB1844 - Unlike county land use planning and decisionmaking, the Land Use Commission uses a comprehensive, evidence-based process, called a “contested case hearing,” to make its decisions. This process allows the Commission to take cultural practitioner and other expert testimony, allow stakeholders to present and cross examine witnesses and other evidence, and make written findings of fact and conclusions of law to justify its decisions and orders. This in turn ensures objective and transparent decisionmaking that can also comprehensively evaluate the range of interests and rights that may be affected by large-scale land use changes.
HB1844 would prevent the Land Use Commission from applying this careful, objective, and transparent process to the urbanization of lands at the request of the counties. This all but invites impacts to food security, Native Hawaiian traditional and customary rights, climate resilience, housing affordability, and many other important public interests that may not have been adequately examined or even considered in the county general plan process.
Sample testimony for HB2103
Aloha Chair Hashem, Vice Chair Morikawa, and members of the Committee,
My name is ______ and I STRONGLY SUPPORT HB2103.
Water is one of the most critical considerations in any decision regarding land use, yet the lack of any required water management expertise on the Land Use Commission (LUC) means that the LUC must often make land use decisions without the ability to properly assess developer’s assertions regarding the availability of water, or to otherwise understand the impacts of large-scale land use changes on regional water security.
In addition, the LUC provides one of if not the only opportunity for Native Hawaiian cultural practitioners to assert their constitutional traditional and customary rights and to have these rights explicitly considered and protected in land use decisionmaking; accordingly, its membership includes a cultural expert to help the LUC understand and protect Native Hawaiian cultural practices and rights. However, this cultural expert is appointed by the Governor, who may not necessarily have sufficient expertise or community connections to identify the best candidates to serve in this role.
HB2103 accordingly ensures that the LUC includes a member with water management expertise, and allows the Office of Hawaiian Affairs to help the Governor identify potential Commissioners to appropriately fill the LUC’s cultural expert seat. These are common-sense fixes that will ensure much more prudent land use planning and decisionmaking, while better safeguarding the cultural practices and resources that are the foundation of our islands’ identity and future resilience.
Accordingly, I respectfully urge the Committee to PASS this measure. Mahalo nui for the opportunity to testify.
Sincerely,
[Your name]
Sample testimony for HB1845
Aloha Chair Hashem, Vice Chair Morikawa, and members of the Committee,
My name is ______ and I STRONGLY OPPOSE HB1845.
This measure would allow a vote of just three out of a quorum of five commissioners on the Land Use Commission (LUC) to render decisions affecting vast areas of land - decisions that could impact critically important public needs including but not limited to food security, water security and watershed health, Native Hawaiian traditional and customary practices, public trust resources, affordable housing, climate resilience, and more. I am deeply concerned that allowing just three individuals to approve district boundary amendments would invite oversights and decisions that fail to protect the public interest in responsible and thoughtful land use planning of our limited land base.
Given the stakes at play, and the need for multiple perspectives and a wide range of knowledge to protect and balance the community’s needs in land use decisionmaking, the LUC must retain its high standard of care, currently reflected in the six vote requirement for district boundary amendments.
Accordingly, I respectfully but strongly urge the Committee to HOLD this measure.
Sincerely,
[Your name]
Sample testimony for HB1844
Aloha Chair Hashem, Vice Chair Morikawa, and members of the Committee,
My name is ______ and I STRONGLY OPPOSE HB1844.
The Land Use Commission (LUC) has long administered a critical, comprehensive process to identify and mitigate impacts to natural and cultural resources, Native Hawaiian traditional and customary rights, food security, and other public interests that may be affected by the reclassification of conservation, rural, and agricultural lands into the urban district. Unlike existing county land use decisionmaking, the quasi-judicial nature of the LUC district boundary amendment process ensures that data and other information from technical experts, cultural practitioners, and other stakeholders are adequately considered and incorporated in district boundary amendment approvals. The LUC also possesses substantial institutional knowledge regarding how the public’s interest in large-scale land use changes can be consistently protected. One of the key reasons we have these safeguards in place is because of the extreme importance of land in Hawaiʻi, and the significant, myriad, and long-lasting if not irreversible impacts that land use changes can have on the public’s interests.
By forcing the LUC to urbanize lands at the request of the counties, without the careful, comprehensive, objective, and transparent process it currently follows, this measure would all but invite long-term or irreversible impacts to our food security, Native Hawaiian traditional and customary rights, climate resilience, housing affordability, and many other important public interests that may not have been adequately examined or even considered in the county general plan process.
Accordingly, I respectfully but strongly urge the Committee to HOLD this measure.
Sincerely,
[Your name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter HB2103, HB1845, or HB1844 where it says "Enter Bill or Measure."
Input your information, select “SUPPORT” for HB2103 and “OPPOSE” for HB1845 and HB1844, input your written testimony, and choose your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)
Spread the word!