Hawaii-2022-HB2186-Introduced

SECTION 1. The University of Hawaii includes three university campuses and seven community college campuses located in four counties across the State. Each county has unique zoning ordinances, planning, and permitting processes. Each county also has its own set of approvals and decision-making entities, including various departments, boards and commissions, and county councils.

In addition to the University of Hawaiiꞌs educational functions, its campuses include a variety and mix of other uses that serve the university or college community and enhance the overall educational experience provided by a university or college. The legislature finds that as a matter of statewide concern these jurisdictional variations lead to inconsistent regulatory processes across campuses, which make it difficult to strategically consider the University of Hawaii system as a whole for the benefit of the people it serves.

This Act recognizes that ongoing consultation and outreach

with affected counties and communities is essential to good planning and development. It also acknowledges that campus development rules do not supersede or replace state laws or rules; for example, chapters 205A and 343, Hawaii Revised Statutes.

The purpose of this Act is to provide a framework that supports consistent land use planning and development across the University of Hawaii system that adds governmental efficiencies while taking into account county rules in establishing campus development plans and rules.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding to part I a new subpart to be appropriately designated and to read as follows:

" . UNIVERSITY DISTRICTS

§304A-A Definitions. As used in this subpart:

"Campus" means contiguous parcels of real property that includes university campuses at Manoa, Hilo, and West Oahu, and each of the seven community colleges which includes: Hawaii community college, Kapiolani community college, Honolulu community college, Kauai community college, Leeward community college, Maui college, and Windward community college. Contiguous parcels include parcels separated by a public or private highway or trail.

"Conservation district" has the same meaning as provided in section 205-2.

"County" means any county of the State.

"Project" means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the university on its own or in partnership with a qualified person.

"Public agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government.

"Qualified person" includes any individual, partnership, corporation, or any public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of a project and other qualifications as may be deemed desirable by the university in administering this subpart.

"Real property" means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights, and any and all other things and rights usually included within the term. Real property also means any and all interests in the property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages, or otherwise.

§304A-B Designation of university districts; campus development plans. (a) The president may propose to the board of regents that it designate a campus as a university district. The proposal shall describe the boundaries of the university district. Upon receipt of a proposal, the board of regents may designate the proposed campus as a university district.

(b) A university district shall not include real property that is:

(1) Not held by the university in full title or less than full title;

(2) Not subject to a voluntary agreement in writing with a qualified person holding real property; or

(3) Located within a conservation district.

(c) After designation as provided in subsection (a), the president shall develop a campus development plan for the designated university district. The campus development plan shall include but not be limited to proposed projects, campus development guidance policies, and a campus capital improvement program. The development plan shall support the purposes of this chapter. The president shall present the proposed campus development plan to the board of regents for its consideration and adoption.

(d) Whenever possible, planning activities of the university shall be coordinated with affected public agencies, and consideration shall be given to state and county plans adopted under chapter 226.

(e) Chapter 91 shall not be applicable to the designation of a university district or the adoption of a campus development plan.

§304A-C Campus development rules. (a) After adoption of a campus development plan as provided under section 304A-B(c), the board of regents shall establish campus development rules under chapter 91, related to health, safety, building, planning, zoning, and land use. Rules adopted under this section shall follow existing county rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.

(b) At least one public hearing shall be held, prior to the adoption, amendment, or repeal of the rules, on the island where the proposed university district is located.

(c) At least sixty days before the public hearing, or sixty days before the first public hearing if more than one public hearing is held, the university shall provide the county planning department that is located within the county where the campus development rules will be applicable if adopted with a draft of the campus development rules for its review and comments. The planning department shall provide its comments to the university in writing within thirty days of receiving the draft campus development rules. The university shall consider the planning departmentꞌs comments before posting its public draft of the campus development rules. A county planning departmentꞌs failure to provide comments under this section shall not be a reason to delay or cancel a public hearing on the draft campus development rules. A county planning departmentꞌs comments or lack of comments shall not be construed as taking a position for or against the rules.

Upon its effective date, campus development rules shall supersede all other county ordinances and rules relating to the use, zoning, planning, and development of land and construction that are inconsistent with this subpart and the campus development rules, except any county ordinances or rules enacted or adopted pursuant to chapter 205A. Campus development rules shall not supersede, replace, or otherwise conflict with state laws or rules."

SECTION 3. 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 4. This Act shall take effect upon approval.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	2186
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII