Bill Text: HI HB2090 | 2024 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Strong Partisan Bill (Democrat 20-2)
Status: (Passed) 2024-05-29 - Act 037, 05/28/2024 (Gov. Msg. No. 1137). [HB2090 Detail]
Download: Hawaii-2024-HB2090-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2090 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that Hawaii needs to increase its housing supply
to meet local demand for housing, mitigate housing cost increases, and prevent
displacement of residents and homelessness.
Hawaii has the highest housing costs in the nation, and a substantial
body of research shows that high housing costs are the result of regulatory
restrictions on the ability to build homes to keep up with demand. Strict separation of land uses, such as
allowing only commercial uses in certain areas, is one such regulatory
restriction.
The legislature further finds that
much-needed housing is particularly appropriate in areas zoned for commercial
use. Allowing mixed commercial and
residential uses creates vibrant neighborhoods by allowing residents to live
near businesses and employers.
Furthermore, it reduces the need for long commutes, decreases traffic
congestion, and lowers carbon emissions.
The legislature believes that adapting commercial buildings to
residential use preserves Hawaii's natural beauty and agricultural land by
allowing housing in developed commercial areas rather than on undeveloped
land. The legislature notes that
infrastructure for this type of infill construction is more cost-effective,
requiring less upfront infrastructure and reducing costs for the ongoing
delivery of services.
Therefore, the purpose of this Act is to:
(1) Beginning on January 1, 2026, permit residential uses in areas zoned for commercial use, with certain exceptions; and
(2) Require, no later than January 1, 2026, the counties to adopt or amend its ordinances to allow for adaptive reuse of commercial buildings for residential purposes.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§46-A Residential
development; areas zoned for commercial use; administrative approval. Notwithstanding
any law to the contrary, beginning January 1, 2026, residential uses in any
area zoned under this chapter for commercial use shall be considered permitted;
provided that:
(1) Residential use
may be limited by ordinance to floors above the ground floor of a building or
structure and conform to prescribed development standards; and
(2) This section
shall not apply to any areas zoned under chapter 206E.
§46-B Adaptive reuse; commercial buildings. (a) No later than January 1, 2026, each county
shall adopt or amend its ordinances to allow for adaptive reuse of existing
commercial buildings in the county's building code.
(b)
Notwithstanding any law, ordinance, or building code or standard to the
contrary, each adaptive reuse building code ordinance shall:
(1) Allow for the
construction of micro units with a minimum size of two hundred twenty square
feet;
(2) Allow for
adaptive reuse to meet the interior environment requirements of the
International Building Code; and
(3) Provide for an
exemption to any requirements regarding additional off-street parking or park
dedication; provided that the building's floor area, height, and setbacks do
not change as a result of adaptive reuse.
(c) As
used in this section, "adaptive reuse" means the repurposing of
existing buildings or structures in whole or in part for residential
purposes. "Adaptive reuse"
includes retrofitting and repurposing of existing buildings or structures that
create new residential units.
"Adaptive reuse" does not include the rehabilitation of any
construction affecting existing residential units that are or have been
recently occupied."
SECTION 3. Section 107-26, Hawaii Revised Statutes, is amended to read as follows:
"§107-26 Hawaii state building codes; prohibitions. In adopting the Hawaii state building codes, the council shall not adopt provisions that:
(1) Relate to administrative, permitting, or enforcement and inspection procedures of each county; or
(2) Conflict with [chapters]:
(A) Chapters
444 and 464[.]; or
(B) Section
46-B."
SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Residential Development; Areas Zoned for Commercial Use; Administrative Approval; Counties; Building Codes; Adaptive Reuse; Commercial Buildings
Description:
Beginning 1/1/2026, allows residential uses in areas zoned for commercial use to be considered permitted under certain circumstances. Requires, no later than 1/1/2026, each county to adopt or amend its ordinances to allow for adaptive reuse of existing commercial buildings in the county's building codes. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
