Hawaii 2022 Regular Session

Hawaii Senate Bill SB748 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 748 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT Relating to Zoning. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 748
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	Relating to Zoning.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the State has a housing crisis. 2019 statistics from the U.S. Census Bureau estimate that Hawaii has a population of 974,563 and only 354,719 housing units. A 2019 study commissioned by the department of business, economic development, and tourism found that the State will require an additional 50,156 homes by the year 2025, with the city and county of Honolulu requiring 22,168 new units, Hawaii county requiring 13,303 new units, Maui county requiring 10,404 new units, and Kauai county requiring 4,281 new housing units. While this forecast projects an acute housing shortage, there has been a lack of measurable progress at the county level to enact policies that will stimulate housing production to meet project demand. The purpose of this Act is to: (1) Establish a Hawaii housing element; and (2) Require each county to adjust their zoning requirements to double the estimated housing need over the next twenty years. SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted[.]; provided that each county, to meet the estimated housing need as established by the State's housing element, shall adopt zoning ordinances for twice the number of housing units needed over the next twenty year period." SECTION 3. Section 226-53, Hawaii Revised Statutes, is amended to read as follows: "§226-53 Office of planning; duties. The office shall provide technical assistance in administering this chapter. To further the intent and purpose of this chapter, the office shall: (1) Provide recommendations to the governor and state and county agencies on conflicts between and among this chapter, state functional plans approved by the governor, county general plans and development plans, and state programs; (2) Review and evaluate this chapter and recommend amendments as needed to the legislature; (3) Review, as necessary, major plans, programs, projects, and regulatory activities proposed by state and county agencies, and provide advisory opinions and reports to the governor as needed; (4) Analyze existing state policies, planning and program operations, laws, rules, and practices relative to formulation, implementation, and coordination of the state plan; (5) Review state capital improvement projects for consistency with this chapter and as necessary report findings and recommendations to the governor prior to allocation of funds; (6) Conduct strategic planning by identifying and analyzing significant issues, problems, and opportunities confronting the State, and formulating strategies and alternative courses of action in response to identified problems and opportunities; (7) Conduct special studies and prepare reports that address major policy issues relating to statewide growth and development; (8) Cooperate with all public agencies to ensure an ongoing, uniform, and reliable base of data and projections; (9) Assist the legislature in conducting reviews of parts I, II, and III as necessary; (10) Provide other technical assistance to the governor and state and county agencies as needed; [and] (11) Prepare a report identifying emerging issues for use in the revision of parts I and III, including the updating of state functional plans. The report may include a scan of conditions and trends in population, the economy, and the environment, linking the findings of the state scanning project with policy and program activities[.]; and (12) Prepare a housing element report identifying and analyzing existing and projected housing needs and adequately providing for the existing and projected needs of all socio-cultural and economic segments of the population. Each housing element shall contain: (A) An assessment of housing needs, including a calculation of the estimated housing units needed every one hundred adults in the State for the next twenty year period, and an inventory of resources and constraints relevant to the meeting of housing needs; (B) A statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing in the State; and (C) A program that sets forth a schedule of actions, each with a timeline for implementation, that includes the projects that the counties are undertaking or intend to undertake, to implement the policies and achieve the goals and objectives of the housing element. The office may contract with public and private agencies and persons for special research and planning assistance." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the State has a housing crisis. 2019 statistics from the U.S. Census Bureau estimate that Hawaii has a population of 974,563 and only 354,719 housing units. A 2019 study commissioned by the department of business, economic development, and tourism found that the State will require an additional 50,156 homes by the year 2025, with the city and county of Honolulu requiring 22,168 new units, Hawaii county requiring 13,303 new units, Maui county requiring 10,404 new units, and Kauai county requiring 4,281 new housing units. While this forecast projects an acute housing shortage, there has been a lack of measurable progress at the county level to enact policies that will stimulate housing production to meet project demand.
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51	51	The purpose of this Act is to:
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53	53	(1) Establish a Hawaii housing element; and
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55	55	(2) Require each county to adjust their zoning requirements to double the estimated housing need over the next twenty years.
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57	57	SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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59	59	"(c) Each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted[.]; provided that each county, to meet the estimated housing need as established by the State's housing element, shall adopt zoning ordinances for twice the number of housing units needed over the next twenty year period."
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61	61	SECTION 3. Section 226-53, Hawaii Revised Statutes, is amended to read as follows:
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63	63	"§226-53 Office of planning; duties. The office shall provide technical assistance in administering this chapter. To further the intent and purpose of this chapter, the office shall:
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65	65	(1) Provide recommendations to the governor and state and county agencies on conflicts between and among this chapter, state functional plans approved by the governor, county general plans and development plans, and state programs;
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67	67	(2) Review and evaluate this chapter and recommend amendments as needed to the legislature;
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69	69	(3) Review, as necessary, major plans, programs, projects, and regulatory activities proposed by state and county agencies, and provide advisory opinions and reports to the governor as needed;
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71	71	(4) Analyze existing state policies, planning and program operations, laws, rules, and practices relative to formulation, implementation, and coordination of the state plan;
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73	73	(5) Review state capital improvement projects for consistency with this chapter and as necessary report findings and recommendations to the governor prior to allocation of funds;
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75	75	(6) Conduct strategic planning by identifying and analyzing significant issues, problems, and opportunities confronting the State, and formulating strategies and alternative courses of action in response to identified problems and opportunities;
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77	77	(7) Conduct special studies and prepare reports that address major policy issues relating to statewide growth and development;
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79	79	(8) Cooperate with all public agencies to ensure an ongoing, uniform, and reliable base of data and projections;
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81	81	(9) Assist the legislature in conducting reviews of parts I, II, and III as necessary;
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83	83	(10) Provide other technical assistance to the governor and state and county agencies as needed; [and]
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85	85	(11) Prepare a report identifying emerging issues for use in the revision of parts I and III, including the updating of state functional plans. The report may include a scan of conditions and trends in population, the economy, and the environment, linking the findings of the state scanning project with policy and program activities[.]; and
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87	87	(12) Prepare a housing element report identifying and analyzing existing and projected housing needs and adequately providing for the existing and projected needs of all socio-cultural and economic segments of the population. Each housing element shall contain:
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89	89	(A) An assessment of housing needs, including a calculation of the estimated housing units needed every one hundred adults in the State for the next twenty year period, and an inventory of resources and constraints relevant to the meeting of housing needs;
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91	91	(B) A statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing in the State; and
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93	93	(C) A program that sets forth a schedule of actions, each with a timeline for implementation, that includes the projects that the counties are undertaking or intend to undertake, to implement the policies and achieve the goals and objectives of the housing element.
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95	95	The office may contract with public and private agencies and persons for special research and planning assistance."
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97	97	SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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99	99	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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101	101	SECTION 6. This Act shall take effect upon its approval.
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105	105	INTRODUCED BY: _____________________________
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107	107	INTRODUCED BY:
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109	109	_____________________________
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115	115	Report Title: County Zoning; Increase Estimated Housing Need; Housing Shortage Description: Requires the Office of Planning to establish a Hawaii housing element. Requires the counties to zone for twice the estimated housing need over the next twenty years. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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121	121	Report Title:
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123	123	County Zoning; Increase Estimated Housing Need; Housing Shortage
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127	127	Description:
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129	129	Requires the Office of Planning to establish a Hawaii housing element. Requires the counties to zone for twice the estimated housing need over the next twenty years.
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137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.