Bill Text: HI HB1149 | 2021 | Regular Session | Amended
Bill Title: Relating To Land Use.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Passed) 2021-07-02 - Act 153, on 07/01/2021 (Gov. Msg. No. 1255). [HB1149 Detail]
Download: Hawaii-2021-HB1149-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1149 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that achieving an abundant and sustainable future for Hawaii will require re‑envisioning the State's institutional framework to better integrate sustainability principles into the organizational structure of state government, especially in planning, land use, environmental, and economic development programs.
The purpose of this Act is to administratively attach the land use commission to the office of planning to improve the coordination of their related functions and to efficiently achieve the State's long-term sustainability and climate change goals to provide a better future for the people of Hawaii.
SECTION 2. Section 26-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The following are placed in the department of
business, economic development, and tourism for administrative purposes as
defined by section 26-35: Hawaii community
development authority, Hawaii housing finance and development corporation, Hawaii
technology development corporation, [land use commission,] natural
energy laboratory of Hawaii authority, and any other boards and commissions as
shall be provided by law."
SECTION 3. Section 201-2, Hawaii Revised Statutes, is amended to read as follows:
"§201-2 General objective, functions, and duties of
department. [[](a)[]] It shall be the objective of the department
of business, economic development, and tourism to make broad policy
determinations with respect to economic development in the State and to stimulate
through research and demonstration projects those industrial and economic
development efforts that offer the most immediate promise of expanding the
economy of the State. The department
shall endeavor to gain an understanding of those functions and activities of
other governmental agencies and of private agencies that relate to the field of
economic development. It shall, at all
times, encourage initiative and creative thinking in harmony with the
objectives of the department.
[[](b)[]] The department of business, economic
development, and tourism shall have [sole] jurisdiction over the [land
use commission under chapter 205,] state planning
under chapter 225M[,] and the Hawaii State Planning Act under chapter
226. Due to the inherently interdependent
functions of development, planning, and land use, these functions shall not be
transferred by executive order, directive, or memorandum, to any other
department, nor shall these functions be subject to review or approval by any
other department."
SECTION 4. Section 205-1, Hawaii Revised Statutes, is amended to read as follows:
"§205-1 Establishment of the commission. [[](a)[]] There shall be a state land use commission,
hereinafter called the commission. The
commission shall consist of nine members who shall hold no other public office and
shall be appointed in the manner and serve for the term set forth in section 26-34.
One member shall be appointed from each
of the counties and the remainder shall be appointed at large; provided that
one member shall have substantial experience or expertise in traditional
Hawaiian land usage and knowledge of cultural land practices. The commission shall elect its chairperson
from one of its members. The members
shall receive no compensation for their services on the commission, but shall be
reimbursed for actual expenses incurred in the performance of their
duties. Six affirmative votes shall be
necessary for any boundary amendment.
[[](b)[]] The commission shall be a part of the [department
of business, economic development, and tourism] office of planning for
[administration] administrative purposes[, as provided for in
section 26-35]. Notwithstanding
any law to the contrary, the commission shall be exempt from section 26-35,
except for 26-35(a)(2), (3), (7), (8), and (b)."
[[](c)[]]
The commission may engage employees
necessary to perform its duties, including administrative personnel and an
executive officer. The executive officer
shall be appointed by the commission and the executive officer's position shall
be exempt from civil service. Departments
of the state government shall make available to the commission such data,
facilities, and personnel as are necessary for it to perform its duties. The commission may receive and utilize gifts
and any funds from the federal or other governmental agencies. It shall adopt rules guiding its conduct,
maintain a record of its activities and accomplishments, and make recommendations
to the governor and to the legislature through the governor."
SECTION 5. Section 225M-2, Hawaii Revised Statutes, is amended to read as follows:
"§225M-2 Office of
planning, establishment; responsibilities. (a)
There is established within the department of business, economic
development, and tourism an office of planning.
The head of the office shall be known as the director of the office of
planning, referred to in this chapter as director. The director shall have[:] training in
the field of urban or regional planning, public administration, or other
related fields; experience in programs or services related to governmental
planning; and experience in a supervisory, consultative, or administrative
capacity. The director shall be
nominated by the governor and, by and with the advice and consent of the
senate, appointed by the governor without regard to chapter 76, and shall be
compensated at a salary level set by the governor. The director shall be included in any benefit
program generally applicable to the officers and employees of the State. The director shall retain such staff as may
be necessary for the purposes of this chapter, in conformity with chapter
76. The director shall report to the
director of business, economic development, and tourism and shall not be
required to report directly to any other principal executive department.
(b) The office of planning shall gather, analyze,
and provide information to the governor to assist in the overall analysis and
formulation of state policies and strategies to provide central direction and
cohesion in the allocation of resources and effectuation of state activities
and programs and effectively address current or emerging issues and
opportunities. More specifically, the
office shall engage in the following activities:
(1) State comprehensive planning and program
coordination. Formulating and articulating
comprehensive statewide goals, objectives, policies, and priorities, and
coordinating their implementation through the statewide planning system
established in part II of chapter 226;
(2) Strategic planning. 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 by:
(A) Providing in-depth policy research, analysis,
and recommendations on existing or potential areas of critical state concern;
(B) Examining and evaluating the effectiveness of
state programs in implementing state policies and priorities;
(C) Monitoring through surveys, environmental
scanning, and other techniques--current social, economic, and physical
conditions and trends; and
(D) Developing, in collaboration with affected
public or private agencies and organizations, implementation plans and
schedules and, where appropriate, assisting in the mobilization of resources to
meet identified needs;
(3) Planning coordination and cooperation. Facilitating coordinated and cooperative
planning and policy development and implementation activities among state
agencies and between the state, county, and federal governments, by:
(A) Reviewing, assessing, and coordinating, as necessary,
major plans, programs, projects, and regulatory activities existing or proposed
by state and county agencies;
(B) Formulating mechanisms to simplify,
streamline, or coordinate interagency development and regulatory processes; and
(C) Recognizing the presence of federal defense
and security forces and agencies in the State as important state concerns;
(4) Statewide planning and geographic information
system. Collecting, integrating, analyzing,
maintaining, and disseminating various forms of data and information, including
geospatial data and information, to further effective state planning, policy
analysis and development, and delivery of government services by:
(A) Collecting, assembling, organizing, evaluating,
and classifying existing geospatial and non-geospatial data and performing
necessary basic research, conversions, and integration to provide a common
database for governmental planning and geospatial analyses by state agencies;
(B) Planning, coordinating, and maintaining a
comprehensive, shared statewide planning and geographic information system and
associated geospatial database. The
office shall be the lead agency responsible for coordinating the maintenance of
the multi-agency, statewide planning and geographic information system and
coordinating, collecting, integrating, and disseminating geospatial data sets
that are used to support a variety of state agency applications and other
spatial data analyses to enhance decision-making. The office shall promote and encourage free
and open data sharing among and between all government agencies. To ensure the maintenance of a comprehensive,
accurate, up-to-date geospatial data resource that can be drawn upon for
decision-making related to essential public policy issues such as land use
planning, resource management, homeland security, and the overall health,
safety, and well-being of Hawaii's citizens, and to avoid redundant data
development efforts, state agencies shall provide to the shared system either
their respective geospatial databases or, at a minimum, especially in cases of
secure or confidential data sets that cannot be shared or must be restricted, metadata
describing existing geospatial data. In
cases where agencies provide restricted data, the office of planning shall ensure
the security of that data; and
(C) Maintaining a centralized depository of state
and national planning references;
(5) Land use planning. Developing and presenting the position of the
State in all boundary change petitions and proceedings before the land use
commission, assisting state agencies in the development and submittal of
petitions for land use district boundary amendments, and conducting periodic
reviews of the classification and districting of all lands in the State, as
specified in chapter 205;
(6) Coastal and ocean policy management, and sea
level rise adaptation coordination.
Carrying out the lead agency responsibilities for the Hawaii coastal
zone management program, as specified in chapter 205A. Also:
(A) Developing and maintaining an ocean and coastal resources information, planning, and management system;
(B) Further developing and coordinating implementation of the ocean resources management plan; and
(C) Formulating ocean policies with respect to the exclusive economic zone, coral reefs, and national marine sanctuaries;
(7) Regional planning and studies. Conducting plans and studies to determine:
(A) The capability of various regions within the
State to support projected increases in both resident populations and visitors;
(B) The potential physical, social, economic, and
environmental impact on these regions resulting from increases in both resident
populations and visitors;
(C) The maximum annual visitor carrying capacity
for the State by region, county, and island; and
(D) The appropriate guidance and management of
selected regions and areas of statewide critical concern.
The
studies in subparagraphs (A) to (C) shall be conducted at appropriate
intervals, but not less than once every five years;
(8) Regional, national, and international planning. Participating in and ensuring that state
plans, policies, and objectives are consistent, to the extent practicable, with
regional, national, and international planning efforts;
(9) Climate adaptation and sustainability planning and coordination. Conducting plans and studies and preparing reports as follows:
(A) Develop, monitor, and evaluate strategic climate adaptation plans and actionable policy recommendations for the State and counties addressing expected statewide climate change impacts identified under chapter 225P and sections 226-108 and 226-109; and
(B) Provide planning and policy guidance and assistance to state and county agencies regarding climate change and sustainability; and
(10) Smart growth and transit-oriented development. Acting as the lead agency to coordinate and advance smart growth and transit-oriented development planning within the State as follows:
(A) Identify transit-oriented development opportunities shared between state and county agencies, including relevant initiatives such as the department of health's healthy Hawaii initiative and the Hawaii clean energy initiative;
(B) Refine the definition of
"transit-oriented development" in the context of Hawaii, while
recognizing the potential for smart growth development patterns in all
locations;
(C) Clarify state goals for transit-oriented
development and smart growth that support the principles of the Hawaii State
Planning Act by preserving non-urbanized land, improving worker access to jobs,
and reducing fuel consumption;
(D) Target transit-oriented
development areas for significant increase in affordable housing and rental
units;
(E) Conduct outreach to state agencies to help
educate state employees about the ways they can support and benefit
from transit-oriented development and the State's smart growth goals;
(F) Publicize coordinated state efforts that
support smart growth, walkable neighborhoods, and transit-oriented development;
(G) Review state land use decision-making processes
to identify ways to make transit-oriented development a higher priority and
facilitate better and more proactive leadership in creating walkable communities
and employment districts, even if transit will only be provided at a later date;
and
(H) Approve all state agencies' development plans for parcels along the rail transit corridor. For the purposes of this subparagraph, "development plans" means conceptual land use plans that identify the location and planned uses within a defined area.
(c) The land use commission, including the land use commission executive officer, chief clerk, and employees as provided in section 205-1(c), shall be administratively attached to the office of planning.
(d) The land use commission shall maintain its independence on matters coming before it to which the office of planning is a party by establishing and adhering to procedures and safeguards to avoid actual or perceived conflicts of interest that may otherwise arise as a result of any proceedings before the land use commission to which the office of planning is a party."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 1, 2050.
Report Title:
Land Use; Planning; Permitting; Land Use Commission; Office of Planning; Department of Business, Economic Development, and Tourism; Reorganization
Description:
Administratively attaches the land use commission to the office of planning. Effective 1/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
