Bill Text: HI HB1404 | 2011 | Regular Session | Introduced
Bill Title: Development; Sustainability; Sustainable Communities
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-28 - (H) Referred to WLO/HSG/EEP, FIN, referral sheet 3 [HB1404 Detail]
Download: Hawaii-2011-HB1404-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1404 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RElating to planning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii is a unique and beautiful State that depends heavily on the import of fuel, food, and supplies to sustain its economy and communities. In 2005, the legislature enacted Act 8, Special Session Laws of Hawaii 2005, to establish the Hawaii 2050 sustainability task force. The task force was established to review the Hawaii state plan and other fundamental components of community planning; develop a Hawaii 2050 sustainability plan to address the real, serious, and immediate problems the State faces today; and recommend various solutions to preserve and maintain a healthy future for the State.
Since then, the interest in the concept of sustainability has grown through the efforts of the task force, state and county departments and agencies, local businesses and community groups, and community engagement programs and projects. Private industries and developers have introduced technology and concepts that can assist communities to become more sustainable and independent with minimal detrimental effects to the environment and the economy. Sustainability has transformed from the conceptual stage to an actual lifestyle that can be achieved, but only through a comprehensive joint effort with the government and the community.
A prime example of this sustainable lifestyle is the soldier and family housing developments at Schofield Barracks on Oahu where Army Hawaii Family Housing and its managing partner, Actus Lend Lease of Hawaii, have merged the concept of sustainability with community development. The residential developments that are currently being constructed incorporate the following sustainability initiatives:
(1) Energy efficiency:
(A) Windows of the homes are dual-glazed with low e‑tinting to reflect heat away from the home to keep the interior cool;
(B) Walls of the homes are insulated and constructed to withstand hurricane force winds;
(C) Appliances are energy efficient (Energy Star refrigerators and dishwashers) and installed in all homes;
(D) Compact fluorescent lighting fixtures and bulbs are installed to save the amount of electricity used;
(E) Roofs have radiant barriers to reflect heat back and are insulated to keep the interior of the home cool, and vents are installed to allow natural airflow throughout the homes;
(F) Photovoltaic panels on garage roofs and solar water heating devices are installed to collectively generate thirty per cent of the electricity needs for the entire project; and
(G) A metering program is being implemented that meters the electricity and water use on all military buildings and homes, where practicable, and charges military housing residents for electricity and water to encourage residents to track their electricity and water usage and to conserve and save money;
(2) Comprehensive recycling program:
(A) Crushed building slabs, asphalt, curbs, and sidewalks from demolition are used for structural fill under new buildings and streets. Ninety-seven per cent of the materials from the demolition of the previous residential homes at Schofield Barracks have been recycled;
(B) Reclaimed rebar, metal fencing, and miscellaneous metals from demolition are bundled and sent to local metal recyclers;
(C) Trees that are not reserved are ground for wood chips and sent to composting sites;
(D) Rain gutters and downspouts divert water away from homes and are used for landscaping needs;
(E) Used appliances from previous residential homes are donated to local charities; and
(F) A weekly curbside recycling program for paper, metal, and glass is being implemented;
(3) Water conservation:
(A) A water irrigation policy is in force;
(B) Leak detection and repair projects on water mains are being implemented; and
(C) An aquifer management plan is in force;
and
(4) Comprehensive wastewater treatment program:
(A) The wastewater treatment system is designed to R1 control zone standards; and
(B) The R1 water is being used for landscaping and vehicle washing.
The Simpson Wisser community at Fort Shafter on Oahu has been selected by the United States Green Building Council to participate in the leadership in energy and environmental design neighborhood development pilot program. This pilot program will incorporate the principles of smart growth, new urbanism, and green building and is expected to break ground in the spring of 2008. These remarkable sustainability initiatives emphasize that developing a sustainable community is beyond the conceptual stage and is now a reality.
The purpose of this Act is to establish a process by which developers of residential communities may elect to plan and develop sustainable communities in the State and to provide incentives for developers to do so.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
sustainable communities
§ -1 Sustainable communities; established; objectives. (a) To maintain and preserve a healthy quality of life and environment for Hawaii's future generations, the State, in a combined effort with all state departments and agencies, shall assist in the development and maintenance of sustainable communities that will:
(1) Generate their own energy onsite by using alternative energy sources to fulfill a large percentage of their energy requirements and become less reliant on imported fossil fuels;
(2) Implement extensive recycling programs for their solid waste management and avoid adding more waste to landfills that increase pollution and other harmful effects to the environment;
(3) Implement an extensive wastewater recycling and treatment management system that will enable the communities to conserve water and protect waters in and around the State;
(4) Implement an extensive water conservation management system that will enable the communities to conserve water and protect waters in and around the State;
(5) Protect and preserve open space;
(6) Promote and encourage visitation to nearby cultural or historic sites, public beaches, shores, trails, and other outdoor recreational areas by not restricting public access to these areas;
(7) Provide affordable housing units for residents to enable them to stay in Hawaii and provide shelter for their families; and
(8) Educate and promote awareness that sustainability is not only a concept but also a lifestyle that can be achieved and implemented in the daily lives of Hawaii residents.
(b) Any developer of a residential community with a development plan for fifty or more residential units for which general planning, development, and construction is commenced after December 31, 2011, shall have the option of developing the residential community in a manner that fulfills the criteria prescribed under this chapter. If a developer elects to be subject to this chapter, the developer, upon approval, shall be allowed to engage in an expedited permit process under section ‑4.
§ -2 Applicability. (a) This chapter shall only apply to a residential community with a development plan for fifty or more residential units for which general planning, development, and construction is commenced after December 31, 2011, and for which the project developer has elected to be subject to this chapter and has notified the energy resources coordinator, in accordance with section -3, to engage in the expedited permit process provided under this chapter.
(b) This chapter shall apply to all state departments and agencies with the authority to grant any permit necessary to assist in the development and maintenance of a sustainable community pursuant to:
(1) An executed written development agreement between the energy resources coordinator, on behalf of the ad hoc development advisory committee under section -3 and the developer; and
(2) Notice of the agreement from the energy resources coordinator pursuant to section -4.
§ -3 Energy resources coordinator; ad hoc development advisory committee convenor. (a) Prior to a developer's engaging in the expedited permit process under this chapter, the energy resources coordinator, established under section 196-3, shall convene an ad hoc development advisory committee only when a developer of the residential community plan has submitted written notice to the energy resources coordinator that includes:
(1) A detailed draft project development plan that proposes to develop fifty or more residential units within the proposed community of which general planning, development, and construction will commence after December 31, 2011; and
(2) A statement of the developer's intention and willingness to comply with the sustainability requirements of this chapter.
(b) The ad hoc development advisory committee shall convene to:
(1) Explore all applicable types of available programs and resources that promote energy and resource conservation and a self-sustaining community; and
(2) Determine the feasibility of each type of program and resource in developing an integrated plan for a sustainable residential community on any proposed tract of land that fulfills the requirements under this chapter.
(c) The members of the ad hoc development advisory committee shall consist of:
(1) The developer of the residential community;
(2) The energy resources coordinator;
(3) The director of planning of the county for which the development is planned, or the director's designee;
(4) The director of the office of planning, or the director's designee;
(5) The director of health, or the director's designee;
(6) The deputy for water resource management of the department of land and natural resources, or the deputy's designee; and
(7) The executive director of the Hawaii housing finance and development corporation, or the executive director's designee.
(d) The energy resources coordinator shall be the chairperson of the ad hoc development advisory committee.
(e) The agreed upon sustainability plans and programs that fulfill the requirements under this chapter shall be incorporated in an integrated plan for a sustainable residential community on any proposed tract of land and shall be reduced to writing in a sustainability agreement, which shall be part of the executed development agreement. Any other development requirements established and agreed upon between the energy resources coordinator, on behalf of the ad hoc development advisory committee, and the developer shall be in writing and shall be included in the executed development agreement.
§ -4 Expedited permit process; notice and agreement. Upon the convening and approval of the ad hoc development advisory committee and the execution of a written development agreement pursuant to section -3, including the sustainability agreement, the energy resources coordinator shall notify any applicable state departments and agencies to allow the developer of fifty or more residential units within the proposed community for which general planning, development, and construction will commence after December 31, 2011, to participate in the expedited permit process.
§ -5 State department and agency cooperation and compliance; required. Each state department and agency shall cooperate and comply with any request made pursuant to this chapter from the energy resources coordinator. Each department and agency shall prioritize the energy resources coordinator's request and expedite the processing thereof.
§ -6 Community energy requirements. (a) Notwithstanding any provision under chapter 196 to the contrary, the energy resources coordinator shall advise and coordinate with other state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii to generate at least fifty per cent of all of its energy requirements for the entire community under development, including residential homes, areas, and services provided for and used by the entire community under development.
(b) The energy resources coordinator shall develop a plan for the developer's implementation that explores all types of energy resources, as defined under section 196-2, and determine which resources are the most feasible for the community under development to use to meet its energy needs and energy-generating requirements under this section.
(c) The energy resources coordinator shall cooperate and coordinate with all applicable state departments or agencies to expedite the application process for all permits relating to generating energy and, upon the execution of a written development agreement pursuant to section -3, allow the state department or agency three hundred sixty days to review and decide on the permit application. If the three-hundred-sixty-day time period has expired on a state permit application and no decision has been rendered, the permit shall be deemed approved.
§ -7 Community solid waste management requirements. (a) Notwithstanding any provision under chapter 342G to the contrary, the director of health shall advise, cooperate, and coordinate with other applicable state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii to implement a comprehensive recycling program. The goal of the plan shall be to enable the community to divert at least seventy-five per cent of its solid waste from the landfills.
(b) The solid waste management plan shall include provisions for recycling, bioconversion, and composting, including recycling provisions for building or structure demolition. The plan shall also provide safety measures for the proper disposal and treatment of hazardous waste or materials with hazardous components under chapter 342J. The director of health shall explore all types of recycling programs and determine which programs are the most feasible for the community under development to implement and fulfill its solid waste management requirements under this section.
(c) Notwithstanding any provision relating to permits under chapter 342H or any other applicable law to the contrary, the department of health shall expedite the application process for any permit application from a developer of a residential community who has agreed to be subject to this chapter and, upon the execution of a written development agreement pursuant to section -3, shall have three hundred sixty days to review and decide on the permit application. If the three-hundred-sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.
§ -8 Community wastewater treatment and recycling. (a) Notwithstanding any provision under chapter 342D to the contrary, the director of health shall advise and coordinate with other applicable state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii to implement a wastewater treatment and recycling plan.
(b) The goal of the plan shall be to enable the community under development to treat and recycle all of its wastewater for landscaping water requirements on-site at the community and any agricultural water irrigation requirements off-site from the community. The plan shall provide safety measures for the proper treatment and disposal of wastewater that may contain hazardous materials under chapter 342J. The director of health shall explore all types of wastewater treatment and recycling programs and determine which programs are the most feasible for the community under development to fulfill its wastewater treatment and recycling requirements under this section.
(c) Notwithstanding any provision relating to permits under chapter 342D or any other applicable law to the contrary, the department of health shall expedite the application process for any permit application from a developer of a residential community who has agreed to be subject to this chapter and, upon the execution of a written development agreement pursuant to section -3, shall have three hundred sixty days to review and decide on the permit application. If the three-hundred-sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.
§ -9 Water conservation management. (a) Notwithstanding any provision under chapter 174C to the contrary, the deputy for water resource management for the department of land and natural resources shall advise and coordinate with other applicable state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii to implement a water conservation management plan.
(b) The purpose of the plan is to enable the community under development to conserve water by using various methods, including rain water harvesting to be used for landscaping, non‑potable uses, low-flow toilets, and showers. The commission on water resource management for the department of land and natural resources shall explore all types of water conservation programs and determine which programs are the most feasible for the community under development to fulfill its water conservation requirements under this section.
(c) Notwithstanding any provision relating to permits under chapter 174C or any other applicable law to the contrary, the commission on water resource management for the department of land and natural resources shall expedite the application process for any permit application from a developer of a residential community who has agreed to be subject to this chapter and, upon the execution of a written development agreement pursuant to section -3, shall have three hundred sixty days to review and decide on the permit application. If the three-hundred-sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.
§ -10 Community land use and planning. (a) Notwithstanding any provision under chapter 205 to the contrary, the developer of any residential community in Hawaii who has agreed to be subject to this chapter shall coordinate with the land use commission and shall cooperate and coordinate with other state departments and agencies to develop a residential community land use plan that is in compliance with this chapter.
(b) The development plan for the residential community shall include:
(1) Designation of at least fifty per cent of the entire tract of land for the residential community for open space; provided that:
(A) Open space shall not include areas designated for golf courses; and
(B) Open space shall include the shoreline, if the planned community abuts and includes shoreline space;
(2) A design plan that allows the community to be accessible by the public and shall not include a gated community; and
(3) Free and open access to any nearby cultural or historic sites, public beaches, shore, parks, trails, or other public recreational areas.
(c) The land use commission may amend any existing urban or rural land use designation of land on which the residential community is planned to be situated upon to provide for the open space requirements under subsection (b) within three hundred sixty-days from the filing of the request to amend the land use designation. If the three-hundred-sixty-day time period has expired and no decision has been rendered, the amendment to the land use designation shall be deemed approved.
§ -11 Community affordable units. (a) Notwithstanding any provision under chapter 201H to the contrary, the developer of a residential community in Hawaii who has agreed to be subject to this chapter shall cooperate and coordinate with the Hawaii housing finance and development corporation, as necessary, to develop and implement a residential housing plan that will designate and reserve at least thirty per cent of all of its residential units within the planned community for affordable housing units.
(b) The Hawaii housing finance and development corporation shall coordinate with any state department or agency to expedite the application process for any permit application of a residential community that is subject to this chapter and relating to affordable residential unit development to assist the department or agency in, upon the execution of a written development agreement pursuant to section -3, meeting the three-hundred-sixty-day permit processing time period requirement to review and decide on a permit application. If the three hundred sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.
§ ‑12 Occupancy; requirement. Upon completion of the development, occupancy of the completed residential community shall not occur until the energy resources coordinator has approved the completed project and determined that the project is in compliance with the sustainability agreement included in the written development agreement pursuant to section -3.
§ ‑13 Community association; established. Within one year after occupancy of a residential community that is subject to this chapter, the residents of the residential community shall establish a community association that shall consist of homeowners and renters of the residential community. The community association shall serve in an administrative capacity and adopt rules and bylaws.
§ -14 Failure to comply; penalty; enforcement. (a) The energy resources coordinator shall monitor the developer or residential community that is subject to this chapter to ensure compliance with the written development agreement and the sustainability agreement of the residential community.
(b) If, up to and including one year after occupancy of a residential community that is subject to this chapter, or at any point prior to occupancy, the energy resources coordinator determines that a developer is not in compliance with this chapter, the energy resources coordinator may fine the developer for noncompliance and may require the developer to suspend development until the noncompliance is remedied.
(c) If noncompliance with this chapter subsequently occurs one year or more after occupancy of the residential community that is subject to this chapter, the energy resources coordinator may enforce the requirements of this chapter against the residential community's association.
(d) The energy resources coordinator shall adopt rules and establish fines and penalties, pursuant to chapter 91, for noncompliance with this chapter.
§ ‑15 Rules. The department of business, economic development, and tourism, the department of health, the commission on water resource management, the Hawaii housing finance and development corporation, and the land use commission shall adopt rules, as necessary, in accordance with chapter 91 to carry out the purposes of this chapter."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Development; Sustainability; Sustainable Communities
Description:
Establishes sustainable communities in Hawaii with the combined effort of state departments and agencies.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
