Hawaii-2020-HB2486-Introduced

SECTION 1. The legislature finds that not only is climate change real, but it is the paramount challenge of the twenty-first century. Climate change poses immediate and long-term threats to the State's economy, sustainability, security, and way of life.

The legislature further finds that the purpose of the office of planning is intended to:

(1) Fix responsibility and accountability to successfully carry out the statewide planning programs, policies, and priorities;

(2) Improve the efficiency and effectiveness of the operations of the executive branch; and

(3) Ensure comprehensive planning and coordination to enhance the quality of life of the people of Hawaii.

Most importantly, the legislature finds as the office of planning is tasked with statewide planning, the office has the capability to view complex challenges and response needs at a comprehensive level.

The legislature additionally finds that in 2011 and 2012, sustainability and climate change adaptation priority guidelines were added to part III of the Hawaii State Planning Act, chapter 226, Hawaii Revised Statutes. Priority guidelines focus on state and county resources on major areas of statewide concern that merit priority attention to improve the quality of life for Hawaii's present and future population through the pursuit of desirable courses of action. The sustainability and climate change adaptation priority guidelines serve as guiding policies for adapting to the expected impacts of climate change to ensure a sustainable future for Hawaii through the existing implementation provisions of the Hawaii State Planning Act, which include guiding all major state and county activities, programs, budgetary, land use, and other decision making processes, and county general plans and development plans, pursuant to part II of the Hawaii State Planning Act.

Act 181, Session Laws of Hawaii 2011, codified as section 226-108, Hawaii Revised Statutes, established sustainability as a state priority guideline within the Hawaii State Planning Act to ensure a coordinated and coherent approach to fulfilling the long-range vision for a sustainable Hawaii. Addressing and solving issues critical to Hawaii's way of life and natural resources require coordinated community efforts to produce comprehensive, long-range planning policies and actions. Hawaii's sustainability priority guidelines and principles include:

(1) Encouraging balanced, economic, social, community, and environmental priorities;

(2) Encouraging planning that respects and promotes living within the natural resources and limits of the State;

(3) Promoting a diversified and dynamic economy;

(4) Encouraging respect for the host culture;

(5) Promoting decisions based on meeting the needs of the present without compromising the needs of future generations;

(6) Considering the principals of the ahupa‘a system; and

(7) Emphasizing that everyone, including individuals, families, communities, businesses, and government, has the responsibility of achieving a sustainable Hawaii.

In August 2011, in the office of planning's coastal zone management program's course of implementing the legislatively-mandated ocean resources management plan, the multi-stakeholder plan and policy group recognized a need for policy guidance to frame and effectuate a coordinated effort to adapt to the expected impacts of climate change. The results from this multi-stakeholder group and input from the broader community became the foundation for Act 286, Session Laws of Hawaii 2012.

Act 286, Session Laws of Hawaii 2012, codified as section 226-109, Hawaii Revised Statutes, created climate change adaptation priority guidelines in the Hawaii State Planning Act, encouraging collaboration to address climate change and recognizing that climate change will impact the following: agriculture; conservation lands; coastal and nearshore marines areas; natural and cultural resources; education; energy; higher education; health; historic preservation; water resources; the built environment, such as housing, recreation, and transportation; and the economy.

Act 146, Session Laws of Hawaii 2019, codified the Hawaii 2050 sustainability plan in the Hawaii State Planning Act as Section 226-65, Hawaii Revised Statutes. This established a stronger policy framework for Hawaii's sustainability efforts by incorporating sustainability coordination and planning into the duties of the office of planning. The Hawaii 2050 sustainability plan was amended to serve as the State's climate and sustainability action plan to determine future actions guiding the coordination and implementation of Hawaii's sustainability and climate adaptation goals, principles, and policies, and to define and implement state goals, objectives, and priority guidelines using the Hawaii State Planning Act and the Hawaii Climate Change Mitigation and Adaptation Initiative as guiding principles.

The legislature finds that the office of planning is the appropriate state agency for climate change and sustainability, as well as coastal and land use planning and coordination for the State of Hawaii.

The purpose of this Act is to update and reaffirm the role and responsibilities of the office of planning to coordinate among state agencies regarding climate change adaptation and sustainability.

SECTION 2. Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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. 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 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

(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[.], and sea level rise adaptation coordination. Carrying out the lead agency responsibilities for the Hawaii coastal zone management program, as specified in chapter 205A. Also:

(A) Developing and maintaining an ocean and coastal resources information, planning, and management system;

(B) Further developing and coordinating implementation of the ocean resources management plan; and

(C) 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;

(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 and sustainability planning[.] and coordination. 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;~~] chapter 225P and sections 226-108 and 226-109; and

(B) Provide planning and policy guidance and assistance to state and county agencies regarding climate change[~~; and~~] and sustainability; 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."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2486
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII