Bill Text: HI HB1680 | 2018 | Regular Session | Introduced
Bill Title: Relating To Transit-oriented Development.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-17 - Referred to TRN/HSG, EEP, FIN, referral sheet 3 [HB1680 Detail]
Download: Hawaii-2018-HB1680-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1680 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to transit-oriented development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that communities in the State that are not densely developed, including the community comprising the Koolaupoko district on the windward side of Oahu, have historically been active in land use decisions that affect those communities, and those communities continue to be concerned about the potential for overdevelopment.
The legislature recognizes that transit-oriented development is not restricted to areas surrounding rail transit stations, but can potentially occur around any public transit stop, including bus stops. The 2017 draft Oahu general plan revision appears to advocate transit-oriented development for all communities island-wide as shown by its use of statements that do not solely reference rail transit, such as "facilitate transit-oriented development in transit areas" and "promote higher-density mixed-use development, including transit-oriented development convenient to public transit." Given that there are bus stops all over Oahu, the potential for transit-oriented development to serve as a Trojan horse for rapid and dense development is clear and raises a red flag.
Accordingly, the purpose of this Act is to limit the establishment of transit-oriented development zones to appropriate areas that include rail transit stations.
SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
This section and any ordinance, rule, or regulation adopted in
accordance with this section shall apply to lands not contained within the
forest reserve boundaries as established on January 31, 1957, or as
subsequently amended.
Zoning in all counties shall be
accomplished within the framework of a long-range, comprehensive general plan
prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to
the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and
Kauai means the establishment of districts of such number, shape, and area, and
the adoption of regulations for each district to carry out the purposes of this
section. In establishing or regulating
the districts, full consideration shall be given to all available data as to
soil classification and physical use capabilities of the land to allow and
encourage the most beneficial use of the land consonant with good zoning
practices. The zoning power granted
herein shall be exercised by ordinance which may relate to:
(1) The
areas within which agriculture, forestry, industry, trade, and business may be
conducted;
(2) The
areas in which residential uses may be regulated or prohibited;
(3) The
areas bordering natural watercourses, channels, and streams, in which trades or
industries, filling or dumping, erection of structures, and the location of
buildings may be prohibited or restricted;
(4) The
areas in which particular uses may be subjected to special restrictions;
(5) The
location of buildings and structures designed for specific uses and designation
of uses for which buildings and structures may not be used or altered;
(6) The
location, height, bulk, number of stories, and size of buildings and other
structures;
(7) The
location of roads, schools, and recreation areas;
(8) Building
setback lines and future street lines;
(9) The
density and distribution of population;
(10) The
percentage of a lot that may be occupied, size of yards, courts, and other open
spaces;
(11) Minimum
and maximum lot sizes; and
(12) Other
regulations the boards or city council find necessary and proper to permit and
encourage the orderly development of land resources within their jurisdictions[.];
provided that no county with a population greater
than five hundred thousand shall establish a transit-oriented development zone
unless the zone extends no more than one mile from a rail transit station that
is included in a completed environmental impact statement pertaining to a rail
transit project for which construction has commenced.
The council of any county shall prescribe
rules, regulations, and administrative procedures and provide personnel it
finds necessary to enforce this section and any ordinance enacted in accordance
with this section. The ordinances may be
enforced by appropriate fines and penalties, civil or criminal, or by court
order at the suit of the county or the owner or owners of real estate directly
affected by the ordinances.
Any civil fine or penalty provided by
ordinance under this section may be imposed by the district court, or by the
zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite
for any injunctive relief ordered by the circuit court.
Nothing in this section shall invalidate
any zoning ordinance or regulation adopted by any county or other agency of
government pursuant to the statutes in effect prior to July 1, 1957.
The powers granted herein shall be
liberally construed in favor of the county exercising them, and in such a
manner as to promote the orderly development of each county or city and county
in accordance with a long-range, comprehensive general plan to ensure the
greatest benefit for the State as a whole.
This section shall not be construed to limit or repeal any powers of any
county to achieve these ends through zoning and building regulations, except
insofar as forest and water reserve zones are concerned and as provided in
subsections (c) and (d).
Neither this section nor any ordinance
enacted pursuant to this section shall prohibit the continued lawful use of any
building or premises for any trade, industrial, residential, agricultural, or
other purpose for which the building or premises is used at the time this
section or the ordinance takes effect; provided that a zoning ordinance may
provide for elimination of nonconforming uses as the uses are discontinued, or
for the amortization or phasing out of nonconforming uses or signs over a
reasonable period of time in commercial, industrial, resort, and apartment
zoned areas only. In no event shall [such]
the amortization or phasing out of nonconforming uses apply to any
existing building or premises used for residential (single-family or duplex) or
agricultural uses. Nothing in this
section shall affect or impair the powers and duties of the director of
transportation as set forth in chapter 262."
SECTION 3. 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.] 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]
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. Carrying out the lead agency responsibilities
for the Hawaii coastal zone management program, as specified in chapter
205A. Also, developing and maintaining
an ocean and coastal resources information, planning, and management system
further developing and coordinating implementation of the ocean resources
management plan, and 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 planning. 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 Act 286, Session Laws of Hawaii 2012, through the year 2050;
(B) Provide planning and policy guidance and assistance to state and county agencies regarding climate change; and
(C) Publish its
findings, recommendations, and progress reports on actions taken no later than
December 31, 2017, and its annual report to the governor and the legislature
thereafter; 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 office of planning shall not advocate
for, nor facilitate the establishment of, a transit-oriented development zone in
a county with a population greater than five hundred thousand unless the zone
extends no more than one mile from a rail transit station that is included in a
completed environmental impact statement pertaining to a rail transit project
for which construction has commenced."
SECTION 4. Section 226-63, Hawaii Revised Statutes, is amended to read as follows:
"[[]§226-63[]] Hawaii interagency council for
transit-oriented development. (a) There is established the Hawaii
interagency council for transit-oriented development, which shall be an
advisory body exempt from section 26-34, to coordinate and facilitate state
agency transit-oriented development planning, and facilitate consultation and collaboration
between the State and the counties on transit-oriented development
initiatives. The Hawaii interagency
council for transit-oriented development shall be established within the
department of business, economic development, and tourism for administrative
purposes.
(b) The Hawaii interagency council for transit-oriented development shall:
(1) Serve as the State's transit-oriented development planning and policy development entity with representation from state and county government and the community;
(2) Formulate and advise the governor on the implementation of a strategic plan to address transit-oriented development projects, including mixed use and affordable and rental housing projects, on state lands in each county;
(3) Facilitate the acquisition of funding and resources for state and county transit-oriented development programs, including affordable and rental housing projects, on state lands;
(4) Monitor the preparation and conduct of plans and studies to facilitate implementation of state transit-oriented development plans prepared pursuant to this section, including but not limited to the preparation of site or master plans and implementation plans and studies;
(5) Review all capital improvement project requests to the legislature for transit-oriented development projects, including mixed use and affordable and rental housing projects, on state lands within county-designated transit-oriented development zones or within a one-half-mile radius of public transit stations, if a county has not designated transit-oriented development zones;
(6) Recommend policy, regulatory, and statutory changes, and identify resource strategies for the successful execution of the strategic plan;
(7) Assemble accurate fiscal and demographic information to support policy development and track outcomes;
(8) Consider collaborative transit-oriented development initiatives of other states that have demonstrated positive outcomes; and
(9) Report annually to the governor, the legislature, and the mayor of each county on the progress of its activities, including formulation and progress on the strategic plan no later than twenty days prior to the convening of each regular session.
(c) The strategic plan developed by the Hawaii interagency council for transit-oriented development shall:
(1) Coordinate with the counties on transit-oriented development;
(2) For each county, compile an inventory of state, county, and private sector transit-oriented development projects lacking infrastructure, identifying the type of infrastructure each project lacks, and the approximate time frame when additional capacity is needed;
(3) Prioritize the development of transit-oriented development projects, including mixed use and affordable and rental housing projects, on state lands;
(4) Identify financing and prioritize state financing for the public infrastructure, facility, and service investments required to support transit-oriented development, mixed use, and affordable and rental housing project plans; and
(5) Encourage and promote partnerships between public and private entities to identify, renovate, and secure affordable housing options on state lands within county-designated transit-oriented development areas or within a one-half-mile radius of public transit stations, if a county has not designated transit-oriented development zones.
(d) The Hawaii interagency council for
transit-oriented development shall not advocate for, nor facilitate the
establishment of, a transit-oriented development zone in a county with a population
greater than five hundred thousand unless the zone extends no more than one
mile from a rail transit station that is included in a completed environmental
impact statement pertaining to a rail transit project for which construction
has commenced."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED
BY: |
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Report Title:
Transit-Oriented Development; Counties; Zoning; Prohibitions
Description:
Prohibits a county with a population greater than 500,000 from establishing a transit-oriented development zone that extends more than 1 mile from a rail transit station included in a completed environmental impact statement. Prohibits the Office of Planning and the Hawaii Interagency Council for Transit-Oriented Development from advocating for, or facilitating the establishment of, a transit-oriented development zone that does not meet those criteria.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
