Hawaii 2024 Regular Session

Hawaii Senate Bill SB1521 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1521 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SUSTAINABLE LAND USE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1521
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
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-SECOND LEGISLATURE, 2023
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15	15	S.D. 2
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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 SUSTAINABLE LAND USE.
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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 multiple climate and sustainability statutory targets have been enacted in the State, including developing at least 22,500 affordable rental housing units, doubling food production, increasing food exports, requiring the department of education and University of Hawaii to become net-zero in energy use, requiring that all of the electricity generated in Hawaii come from renewable sources, sequestering more atmospheric carbon and greenhouse gases, requiring all state and county facilities to use reclaimed water, and requiring the mandatory upgrade of all cesspools. The legislature recognizes that with the recent expansion of the office of planning and sustainable development through Act 45, Session Laws of Hawaii 2020, and Acts 152 and 153, Session Laws of Hawaii 2021, the office of planning and sustainable development functionally serves as the State's centralized coordinating agency to lead efforts in thoughtful, climate adaptive and sustainable land use policies. The legislature further finds that the State lacks a plan integrating the various goals and studies, especially on the use of agricultural lands. An integrated study would help to address recent events and public opposition to affordable housing projects and renewable energy projects on agricultural land. The purpose of this Act is to require the office of planning and sustainable development to develop an integrated land use study that incorporates the various studies to serve as a guide for planning and decision making on the use of agricultural lands. SECTION 2. Chapter 226, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows: "§226- Integrated land use study; generally. (a) The office shall publish an integrated land use study for agricultural districts. (b) The purpose of the integrated land use study shall be to: (1) Develop land use data that can be used for planning and decision‑making for the competing uses of land within an agricultural district; and (2) Determine the feasibility and land use needs to meet the State's climate, sustainability, and housing statutory targets, while accounting for the additional climate adaptation and land use needs for the potential movement away and managed retreat from at-risk land parcels. (c) The integrated land use study shall incorporate the recommendations of the Hawaii 2050 sustainability plan pursuant to section 226-65, the Hawaii sea level rise vulnerability and adaptation report pursuant to section 225P-3, the feasibility and implications of managed retreat strategies for vulnerable coastal areas report, and the State's climate, sustainability, and housing statutory targets, as needed. The integrated land use study shall also give consideration to the 2022 state land use review of districts, Hawaii state plan update phase one, and the soil classification study required pursuant to Act 189, Session Laws of Hawaii 2022. (d) The integrated land use study shall include recommendations for each county. (e) The development of the integrated land use study shall follow the procedures specified in this part. §226- Integrated land use study; develop definitive data and update state functional plans. (a) The office shall develop definitive data on the amount of land required to meet the goals of identifying competing uses by compiling and analyzing existing data from the various government entities, including the department of agriculture; department of transportation; department of land and natural resources; department of business, economic development, and tourism; Hawaii state energy office; Hawaii housing finance and development corporation; public utilities commission; and the counties. Secondary input shall be sought from the University of Hawaii, utility companies, nonprofit agricultural organizations, the agricultural community, and other organizations or entities deemed appropriate by the office. (b) The state functional plan on: (1) Energy shall be updated by the Hawaii state energy office; (2) Agriculture shall be updated by the department of agriculture to align with Act 151, Session Laws of Hawaii 2019; (3) Transportation shall be updated by the department of transportation to align with the Hawaii highways climate adaptation action plan; and (4) Tourism shall be updated by the Hawaii tourism authority to align with the destination management action plans. (c) The updates required by subsection (b) shall include: (1) The removal of outdated agricultural economic language; (2) Amendments to align the respective plan with the State's twenty‑first century climate and sustainability statutory targets; (3) Amendments to align the respective plan with the Hawaii 2050 sustainability plan; and (4) Amendments to align with the Hawaii state plan update, phase one. (d) The departments and agencies shall comply with section 226-55 and work in partnership with the office and stakeholders in updating their respective state functional plans. §226- Integrated land use study; outreach and plan submission. (a) The office shall conduct outreach to ensure county and community input and acceptance. (b) Once the initial compilation of data is completed, the office shall analyze the available acreage in each county along with the potential impacts for the proposed changes. (c) The office shall submit the integrated land use study to the legislature and the land use commission no later than twenty days prior to the convening of the regular session of 2026 and shall submit updates of the integrated land use study every ten years thereafter." SECTION 3. The office of planning and sustainable development shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2025 on the progress of developing the definitive data and the various functional plan updates. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $700,000 or so much thereof as may be necessary for fiscal year 2023-2024 for the establishment of four planner V (4.0 FTE) positions, one administrative support staff personnel (1.0 FTE) position, one geographic information systems specialist (1.0 FTE) position, computers, office supplies, travel, and other expenses for the office of planning and sustainable development to develop definitive data and submit a report. The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act. SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to update the various state functional plans; provided that the moneys shall be allocated as follows: (1) $150,000 to the Hawaii state energy office; (2) $150,000 to the department of agriculture; (3) $150,000 to the department of land and natural resources; (4) $150,000 to the department of transportation; and (5) $150,000 to the Hawaii tourism authority. The sums appropriated shall be expended by each respective department or agency for the purposes of this Act. SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,215,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of four planner V (4.0 FTE) positions, one administrative support staff personnel (1.0 FTE) position, one geographic information systems specialist (1.0 FTE) position, one public communications and outreach specialist (1.0 FTE) position, computers, office supplies, publication costs, website and multimedia public outreach, management and service fees, and travel costs. The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act. SECTION 7. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 2050.
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49	49	SECTION 1. The legislature finds that multiple climate and sustainability statutory targets have been enacted in the State, including developing at least 22,500 affordable rental housing units, doubling food production, increasing food exports, requiring the department of education and University of Hawaii to become net-zero in energy use, requiring that all of the electricity generated in Hawaii come from renewable sources, sequestering more atmospheric carbon and greenhouse gases, requiring all state and county facilities to use reclaimed water, and requiring the mandatory upgrade of all cesspools.
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51	51	The legislature recognizes that with the recent expansion of the office of planning and sustainable development through Act 45, Session Laws of Hawaii 2020, and Acts 152 and 153, Session Laws of Hawaii 2021, the office of planning and sustainable development functionally serves as the State's centralized coordinating agency to lead efforts in thoughtful, climate adaptive and sustainable land use policies.
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53	53	The legislature further finds that the State lacks a plan integrating the various goals and studies, especially on the use of agricultural lands. An integrated study would help to address recent events and public opposition to affordable housing projects and renewable energy projects on agricultural land.
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55	55	The purpose of this Act is to require the office of planning and sustainable development to develop an integrated land use study that incorporates the various studies to serve as a guide for planning and decision making on the use of agricultural lands.
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57	57	SECTION 2. Chapter 226, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows:
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59	59	"§226- Integrated land use study; generally. (a) The office shall publish an integrated land use study for agricultural districts.
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61	61	(b) The purpose of the integrated land use study shall be to:
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63	63	(1) Develop land use data that can be used for planning and decision‑making for the competing uses of land within an agricultural district; and
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65	65	(2) Determine the feasibility and land use needs to meet the State's climate, sustainability, and housing statutory targets,
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67	67	while accounting for the additional climate adaptation and land use needs for the potential movement away and managed retreat from at-risk land parcels.
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69	69	(c) The integrated land use study shall incorporate the recommendations of the Hawaii 2050 sustainability plan pursuant to section 226-65, the Hawaii sea level rise vulnerability and adaptation report pursuant to section 225P-3, the feasibility and implications of managed retreat strategies for vulnerable coastal areas report, and the State's climate, sustainability, and housing statutory targets, as needed. The integrated land use study shall also give consideration to the 2022 state land use review of districts, Hawaii state plan update phase one, and the soil classification study required pursuant to Act 189, Session Laws of Hawaii 2022.
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71	71	(d) The integrated land use study shall include recommendations for each county.
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73	73	(e) The development of the integrated land use study shall follow the procedures specified in this part.
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75	75	§226- Integrated land use study; develop definitive data and update state functional plans. (a) The office shall develop definitive data on the amount of land required to meet the goals of identifying competing uses by compiling and analyzing existing data from the various government entities, including the department of agriculture; department of transportation; department of land and natural resources; department of business, economic development, and tourism; Hawaii state energy office; Hawaii housing finance and development corporation; public utilities commission; and the counties. Secondary input shall be sought from the University of Hawaii, utility companies, nonprofit agricultural organizations, the agricultural community, and other organizations or entities deemed appropriate by the office.
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77	77	(b) The state functional plan on:
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79	79	(1) Energy shall be updated by the Hawaii state energy office;
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81	81	(2) Agriculture shall be updated by the department of agriculture to align with Act 151, Session Laws of Hawaii 2019;
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83	83	(3) Transportation shall be updated by the department of transportation to align with the Hawaii highways climate adaptation action plan; and
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85	85	(4) Tourism shall be updated by the Hawaii tourism authority to align with the destination management action plans.
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87	87	(c) The updates required by subsection (b) shall include:
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89	89	(1) The removal of outdated agricultural economic language;
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91	91	(2) Amendments to align the respective plan with the State's twenty‑first century climate and sustainability statutory targets;
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93	93	(3) Amendments to align the respective plan with the Hawaii 2050 sustainability plan; and
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95	95	(4) Amendments to align with the Hawaii state plan update, phase one.
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97	97	(d) The departments and agencies shall comply with section 226-55 and work in partnership with the office and stakeholders in updating their respective state functional plans.
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99	99	§226- Integrated land use study; outreach and plan submission. (a) The office shall conduct outreach to ensure county and community input and acceptance.
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101	101	(b) Once the initial compilation of data is completed, the office shall analyze the available acreage in each county along with the potential impacts for the proposed changes.
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103	103	(c) The office shall submit the integrated land use study to the legislature and the land use commission no later than twenty days prior to the convening of the regular session of 2026 and shall submit updates of the integrated land use study every ten years thereafter."
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105	105	SECTION 3. The office of planning and sustainable development shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2025 on the progress of developing the definitive data and the various functional plan updates.
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107	107	SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $700,000 or so much thereof as may be necessary for fiscal year 2023-2024 for the establishment of four planner V (4.0 FTE) positions, one administrative support staff personnel (1.0 FTE) position, one geographic information systems specialist (1.0 FTE) position, computers, office supplies, travel, and other expenses for the office of planning and sustainable development to develop definitive data and submit a report.
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109	109	The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
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111	111	SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to update the various state functional plans; provided that the moneys shall be allocated as follows:
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113	113	(1) $150,000 to the Hawaii state energy office;
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115	115	(2) $150,000 to the department of agriculture;
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117	117	(3) $150,000 to the department of land and natural resources;
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119	119	(4) $150,000 to the department of transportation; and
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121	121	(5) $150,000 to the Hawaii tourism authority.
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123	123	The sums appropriated shall be expended by each respective department or agency for the purposes of this Act.
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125	125	SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,215,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of four planner V (4.0 FTE) positions, one administrative support staff personnel (1.0 FTE) position, one geographic information systems specialist (1.0 FTE) position, one public communications and outreach specialist (1.0 FTE) position, computers, office supplies, publication costs, website and multimedia public outreach, management and service fees, and travel costs.
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127	127	The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
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129	129	SECTION 7. New statutory material is underscored.
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131	131	SECTION 8. This Act shall take effect on July 1, 2050.
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133	133	Report Title: Integrated Land Use Plan; OPSD; HSEO; HDOA; DOT; HTA; Appropriations Description: Requires the Office of Planning and Sustainable Development to create an integrated land use study for the use of land within the agricultural district. Requires the Hawaii State Energy Office, Department of Agriculture, Department of Transportation, and Hawaii Tourism Authority to update various state functional plans. Appropriates funds. Effective 7/1/2050. (SD2) 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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137	137	Report Title:
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139	139	Integrated Land Use Plan; OPSD; HSEO; HDOA; DOT; HTA; Appropriations
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143	143	Description:
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145	145	Requires the Office of Planning and Sustainable Development to create an integrated land use study for the use of land within the agricultural district. Requires the Hawaii State Energy Office, Department of Agriculture, Department of Transportation, and Hawaii Tourism Authority to update various state functional plans. Appropriates funds. Effective 7/1/2050. (SD2)
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153	153	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.