Hawaii-2020-HB2486-Amended

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

The legislature recognized in Act 8, Special Session Laws of Hawaii 2005, that "many quality-of-life issues, including water quality, air quality, land use, energy, and ocean resources, are important to the people of Hawaii and should be the focus for planning Hawaii's future" and created the Hawaii 2050 sustainability task force and the Hawaii 2050 sustainability plan to "coordinate the actions needed to sustain a growing and vibrant economy, while maintaining a high quality of life for all residents and visitors."

The legislature recognized in Act 181, Session Laws of Hawaii 2011, that "[t]he creation of the Hawaii 2050 sustainability plan comes as the State faces a growing number of pressing issues, including the steady deterioration of public infrastructure, the lack of affordable housing, a continued reliance on a service-based economy, the vulnerability of Hawaii in a volatile global energy market, possible interruptions in travel and to critical food supplies, threats to fragile island ecosystems, ever-increasing numbers of residents, and an increasing number of visitors over the long-term." These issues all raise questions about the long-term limits of growth in the State and highlight the need to begin planning and coordinating state agencies to act to assure Hawaii's sustainable future.

The purpose of this Act is to:

(1) Establish a statewide sustainability division within the office of planning to ensure stronger, long-term planning, coordination, and implementation of Hawaii's sustainability goals;

(2) Update and reaffirm the role of the office of planning to coordinate among state agencies regarding climate change adaptation and sustainability; and

(3) Direct the state sustainability coordinator in the office of planning to conduct a study on implementing a "Green New Deal for Hawaii".

SECTION 2. Chapter 225M, Hawaii Revised Statutes is amended as follows:

1. By designating sections 225M-1 through 225M-3 as part I and inserting a title before section 225M-1 to read as follows:

"PART I. OFFICE OF PLANNING"

2. By adding a new part, to be appropriately designated and to read:

"PART II. SUSTAINABILITY DIVISION

§225M-A Purpose. The purpose of this part is to promote and organize the State's sustainability goals, policies, and guidelines through a statewide sustainability division within the office of planning to protect the State's economy, environment, and way of life.

§225M-B Definitions. As used in this chapter:

"Division" means the statewide sustainability division established pursuant to section 225M-D.

"Sustainability" means using, developing, and protecting resources in a manner that enables people to meet current needs and adapt and become resilient to Hawaii's changing climate and ensures that future generations can also meet future needs, from the joint perspective of environmental, economic, and socially equitable objectives.

§225M-C Findings and goals regarding sustainability. In addition to the priority guidelines and principles promoting sustainability set forth in section 226-108, the following criteria shall be the goals for the State regarding sustainability:

(1) The division shall assist state agencies to achieve the following objectives:

(A) Encourage state purchases to be made in a manner that serves the broad, long-term financial interests of the State, including ensuring that environmental, economic, and societal improvements are made to enhance environmental, economic, and societal well-being;

(B) Promote investments in facilities, equipment, and durable goods to reflect the highest feasible efficiency and lowest life-cycle costs;

(C) Promote investments and expenditures to improve the efficient use of energy, water, food security, and other resources;

(D) Encourage state operations in diverse locations, including rural and economically distressed communities;

(E) Encourage state operations and purchases to help maintain vital and active urban communities, including downtown areas;

(F) Promote state purchases to support opportunities for economically distressed communities and historically underemployed individuals;

(G) Support state operations to reflect partnerships with communities and businesses;

(H) Advocate for state operations to help reduce adverse effects on native habitats and species and help restore ecological processes;

(I) Improve state operations using methods that significantly increase the efficient use of energy, water, food security, and other resources;

(J) Encourage state operations and purchases to reflect the efficient use and reuse of resources and reduction of contaminants released into the environment; and

(K) Coordinate and promote the United Nations sustainable development goals;

(2) The division shall assist state agencies to support sustainable communities, and assist and encourage local communities to achieve the following objectives:

(A) Resilient local economies that provide diverse economic opportunities for all residents;

(B) Workers supported by lifelong education that will ensure a globally competitive workforce;

(D) Youth supported by strong families and communities;

(E) Urban communities, including downtown areas, that are active and vital;

(F) Development that wisely and efficiently uses infrastructure, investments, and natural resources;

(G) Affordable housing available for residents in community centers;

(H) Healthy urban and rural watersheds, including habitats for fish and wildlife;

(I) Clean and sufficient water for all uses; and

(J) Efficient use and reuse of resources and minimization of harmful emissions into the environment; and

(3) The division shall intensify efforts to increase the economic stability of communities that are designated as economically distressed.

§225M-D Statewide sustainability division; established. The statewide sustainability division is established within the office of planning. The division shall have the following duties:

(1) Develop, organize, and promote policies and programs that assist in the meeting of sustainability goals established in this chapter, including Hawaii's numerous sustainability and climate policies and goals, and the priority guidelines and principles to promote sustainability set forth in section 226-108;

(2) Identify, evaluate, and make recommendations regarding proposed legislation, regulatory changes, or policy modifications to the governor, the legislature, government agencies, private entities, and other bodies for the purpose of encouraging activities that best sustain, protect, and enhance the quality of the environment, economy, and community for the present and future benefit of the people of Hawaii; and

(3) Develop and promote proposals that jointly and mutually enhance local economies, the environment, and community health for the present and future benefit of the people of Hawaii."

SECTION 3. Section 225M-1, Hawaii Revised Statutes, is amended to read as follows:

"§225M-1 Purpose. The purpose of this chapter is to establish an office of planning to assist the governor and the director of business, economic development, and tourism in maintaining an overall framework to guide the development of the State through a continuous process of comprehensive, long-range, and strategic planning to meet the physical, economic, and social needs of Hawaii's people, and provide for the wise use of Hawaii's resources in a coordinated, efficient, and economical manner, including the conservation of those natural, environmental, recreational, scenic, historic, and other limited and irreplaceable resources [~~which~~] that are required for future generations.

The establishment of an office of planning in the department of business, economic development, and tourism, for administrative purposes, is intended to:

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

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

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

(4) Coordinate the implementation of sustainability principles and policies that increase economic development while developing and protecting resources in a manner that enables individuals to meet their current needs and ensure that future generations can also meet their needs, from the joint perspective of environmental, economic, and community objectives, through collaboration and cooperation between the public and private sectors."

SECTION 4. 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 5. Section 226-2, Hawaii Revised Statutes, is amended by amending the definition of "sustainability" to read as follows:

""Sustainability" [~~means achieving the following:~~

~~(1)~~ ~~Respect of the culture, character, beauty, and history of the State's island~~ ~~communities;~~

~~(2)~~ ~~Striking a balance between economic, social, community, and environmental priorities; and~~

~~(3)~~ ~~Meeting the needs of the present without compromising the ability of future generations to meet their own needs.~~] shall have the same meaning as in section 225M-B."

SECTION 6. (a) The state sustainability coordinator in the office of planning shall complete a comprehensive study on implementing a green new deal for Hawaii.

(b) The green new deal study shall:

(1) Identify federal and international initiatives and policies for a green new deal, including any related costs and savings;

(2) Comprehensively review the State's economic resilience, efforts in environmental protection and growth, and protections for Hawaii's social and cultural equity;

(3) Determine and make detailed findings as to how the State can move forward to cost effectively take advantage of identified opportunities, including any related costs and savings to implement a Hawaii‑based green new deal strategy; and

(4) Identify any legal and regulatory changes necessary to implement the findings determined pursuant to paragraph (3).

(c) The state sustainability coordinator in the office of planning shall submit a progress report and a final report of the coordinator's findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2021, and regular session of 2022, respectively.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the establishment and implementation of the statewide sustainability division.

The sum appropriated shall be expended by the office of planning for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the establishment of:

(1) One full-time equivalent (1.00 FTE) secretary III position;

(2) Two full-time equivalent (2.00 FTE) planner IV positions; and

(3) Two full-time equivalent (2.00 FTE) planner V positions,

to support the statewide sustainability division.

The sum appropriated shall be expended by the office of planning for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the state sustainability coordinator in the office of planning to complete a comprehensive study on implementing a green new deal for Hawaii.

The sum appropriated shall be expended by the office of planning for the purposes of this Act.

SECTION 10. 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 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2050; provided that sections 7, 8, and 9 shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	2486
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII