Bill Text: HI HB1436 | 2022 | Regular Session | Amended
Bill Title: Relating To Development Rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-27 - Act 223, on 06/27/2022 (Gov. Msg. No. 1324). [HB1436 Detail]
Download: Hawaii-2022-HB1436-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1436 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO DEVELOPMENT RIGHTS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that climate change is real. Rising sea levels throughout the State will erode beaches, damage habitats, and disrupt ecological processes and cause saline intrusion into freshwater ecosystems and groundwater, flooding or inundation of low-lying areas, and damage to private and public property and infrastructure.
SECTION 2. Section 46-161, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-161[]] Findings and purpose. The legislature finds that there is a need to
clarify the authority of the counties to exercise the power to transfer
development rights within a comprehensive planning program to:
(1) Protect the
natural, scenic, recreational, and agricultural qualities of open lands including
critical resource areas; [and]
(2) Enhance sites and
areas of special character or special historical, cultural, aesthetic, or
economic interest or value[.]; and
(3) Protect from development
lands that are vulnerable to impacts and hazards from sea level rise, coastal erosion,
storm surge, and flooding associated with climate change.
The legislature finds that transfer
of development rights programs can help to ensure proper growth, while
protecting open and distinctive areas and spaces of varied size and character,
including many areas that have significant agricultural, ecological, scenic,
historical, aesthetic, or economic value.
These areas, if preserved and maintained in their present state, would
constitute important physical, social, aesthetic, or economic assets to
existing or impending urban and metropolitan development. The legislature further finds that the transfer
of development rights from lands vulnerable to or adversely affected by sea level
rise, coastal erosion, storm surge, or flooding to lands that are not at risk from
these hazards would reduce property losses and result in long-term economic and
fiscal benefits to communities and government. The legislature [further] also finds
that transferring development rights is a useful technique to achieve community
objectives. Properly utilized, the
concept can be fully consistent with comprehensive planning requirements. The legislature further finds and declares
that the concept, utilizing the normal market in land, can provide a mechanism
of just compensation to owners of property to be protected or preserved."
SECTION 3. Section 46-163, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-163[]]
Conditions for the transfer of development rights. In addition to any existing power, duty, and
authority of the counties to regulate land uses by planning or zoning, the
counties are hereby authorized to transfer and regulate the transfer of development
rights, subject to the conditions set forth under this part, as well as planning
laws, zoning laws, and any other conditions as the legislative body of each
county deems necessary and appropriate.
The purpose of providing for transfer of development rights shall be to:
(1) Protect the natural, scenic, and agricultural qualities of open lands;
(2) Enhance sites and
areas of special character or special historical, cultural, aesthetic, or
economic interest or value; [and]
(3) Protect lands at risk from sea level rise, coastal erosion, storm surge, or flooding; and
[(3)] (4) Enable and encourage flexibility of design and
careful management of land in recognition of land as a basic and valuable
natural resource."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
City and County of Honolulu Mayor's Package; Development Rights; Sea Level Rise
Description:
Expands the authority of the counties to transfer development rights to address areas at risk of sea level rise, coastal erosion, storm surge, or flooding associated with climate change. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
