HomeMy WebLinkAbout2019-02-05 Letter to Richard Onishi re HB 419 Relating to TAT OS-
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County of Hawai`i
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA. 74-5044 Ane Keohokalole Hwy, Bldg C • Kailua-Kona, Hawaii 96740
(808)323-4444 • Fax(808)323-4440
February 5, 2019
Rep. Richard H.K. Onishi, Chair
COMMITTEE ON TOURISM & INTERNATIONAL AFFAIRS
Hawaii State Legislature
Dear Chair Onishi and Committee Members:
RE: HB 419, Relating to TAT
Thank you for this opportunity to comment on HB 419, offering the counties $1M
each to enforce "all applicable laws and ordinances relating to transient
accommodations."
We appreciate the motivation behind this bill, which is to provide the counties
with needed support in our efforts to contain the growing conversion of residential
dwellings into commercial short term vacation rentals. We also appreciate the changes
that have been made from last year's bill (HB2605). Moreover, given our county's
financial difficulties, it is hard not to support an opportunity to acquire $1 M. However,
the bill raises a number of concerns.
We think a better approach would be to provide $1 M to each county to assist in
enforcement of all applicable laws and ordinances relating to transient
accommodations. A report afterwards, as to how the counties spent those funds, could
then be provided.
With respect to specific requirements in the bill, we would note the following:
1. We do not have a current vacation rental permit or specific appeal process for it,
so we would have to design a system that would fit the criteria. Where other
islands need to tweak their systems, we would have to create them and then
implement. Also, we do not yet have a separate real property tax class for
vacation rentals. The class cannot be created for FY 2020--it will be for FY 2021.
We may seta rate in FY 2020, but it won't be effective until 2021.
County of Hawaii is an Equal Opportunity Provider and Employer
Rep. R. Onishi
Page 2 — February 5, 2019
HB 419 - TAT
2. On Hawai'i Island, there is an existing contested case procedure for Planning
Commission decisions. An appeal of a contested case would go to Third Circuit
Court which we have no control over their timelines.
3. Special permits are only for agricultural land. Consideration of"special" uses
should not be expedited, especially for vacation rental- related applications.
Generally, the State Land Use Commission has also held the position that
overnight accommodations are not permitted on agricultural land. I am
concerned if the intent of the bill is to make it easier to place vacation rentals on
agricultural land?
Sincerely,
Harry Kim
Mayor
County of Hawai'i is an Equal Opportunity Provider and Employer