The impact of SB331 is significant as it amends Chapter 46 of the Hawaii Revised Statutes to specifically forbid counties from changing land designations to a less intensive use or diminishing existing land use intensity that was permissible under prior ordinances as of January 1, 2023. This restriction is aimed at maintaining residential capacity and preventing further exacerbation of the housing crisis faced in the state. The bill allows for some flexibility since counties can enact less intensive zoning only if they concurrently ensure that there is no net loss in housing capacity across their jurisdiction.
Summary
Senate Bill 331 seeks to address housing issues in Hawaii by prohibiting counties from enacting development ordinances, policies, standards, agreements, or conditions that would result in the downzoning or reduced intensity of land use on parcels designated for housing. This bill recognizes the challenges posed by housing shortages and aims to ensure that municipalities do not diminish residential capacity through restrictive zoning changes. The effective date proposed for the bill is July 1, 2023, following its enactment by the legislature.
Contention
Although the bill has support focusing on the positive ramifications for housing availability, there may be notable contention surrounding local governance. Critics could argue that this legislation may limit local governments' ability to adapt zoning to suit community needs, particularly in response to environmental concerns or changes in population demographics. Some stakeholders may fear that such a prohibition could lead to uniformity that overlooks unique local priorities, potentially inciting debate among community members, local officials, and developers alike.