Bill Text: HI HB2547 | 2018 | Regular Session | Amended
Bill Title: Relating To Sustainability.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2018-03-23 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB2547 Detail]
Download: Hawaii-2018-HB2547-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2547 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO SUSTAINABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that not only
is climate change real and occurring, but it is also 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 State's economy, sustainability, security, and way of life.
The
legislature recognized in Act 8, Special Session Laws of Hawaii 2005, amended
by Act 210, Session Laws of Hawaii 2006, 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 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 the
"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 acting to assure Hawaii's future."
The
legislature notes that the office of planning is administratively attached to
the department of business, economic development, and tourism and was established
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; and
(3) Ensure comprehensive planning and coordination to enhance the quality of life of the people of Hawaii.
Accordingly, the office of planning is responsible for providing technical assistance in administering the Hawaii state plan under chapter 226, Hawaii Revised Statutes, and assisting the State in pursuing the seven major areas of statewide concern, including sustainability, to improve the quality of life for Hawaii's present and future populations. Thus, the office of planning includes a sustainability coordinator who is responsible for establishing statewide sustainability planning and implementing the State's sustainability goals and policies. However, the legislature further notes that the sustainability coordinator is the only individual in the office who is responsible for sustainability issues and operates without a budget to pursue sustainability initiatives. Given the importance of sustainability for Hawaii, the legislature believes that the office of planning should incorporate a greater focus on sustainability into the office of planning's duties and responsibilities.
The
purpose of this Act is to establish a stronger policy framework for Hawaii's
sustainability efforts by incorporating sustainability into the duties and
responsibilities of the office of planning to ensure long-term planning,
coordination, and implementation of Hawaii's sustainability goals and policies.
SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 225M
STATE PLANNING AND SUSTAINABILITY"
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 and sustainability 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 and sustainability 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) Implement 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 ensures 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 to read as follows:
"§225M-2 Office of planning[,] and
sustainability; establishment; responsibilities. (a)
There is established within the department of business, economic
development, and tourism an office of planning[.] and sustainability. The head of the office shall be known as the
director of the office of planning[,] and sustainability,
referred to in this chapter as director.
The director shall have: [training]
(1) Training in
the field of urban or regional planning, public administration, or other
related fields; [experience]
(2) Experience
in programs or services related to governmental planning; and [experience]
(3) 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 and sustainability
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 and
sustainability 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] no 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[.]; and
(11) Sustainability. Acting as the lead agency to coordinate and
advance the development and implementation of sustainability principles and
policies among state agencies, the office of planning and sustainability shall:
(A) In
conducting internal operations, assist state agencies to achieve the following
objectives:
(i) State
purchases shall 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;
(ii) Investments
in facilities, equipment, and durable goods shall reflect the highest feasible
efficiency and lowest life-cycle costs;
(iii) Investments
and expenditures shall promote improvements in the efficient use of energy,
water, and other resources;
(iv) State
operations shall be situated in diverse locations, including rural and
economically distressed communities;
(v) State
operations and purchases shall help maintain vital and active urban
communities, including downtown areas;
(vi) State
purchases shall support opportunities for economically distressed communities
and historically underemployed individuals;
(vii) State
operations shall reflect partnerships with communities and businesses;
(viii) State
operations shall help reduce adverse effects on native habitats and species and
help restore ecological processes;
(ix) State
operations shall be conducted using methods that significantly increase the
efficient use of energy, water, and other resources; and
(x) State
operations and purchases shall reflect the efficient use and reuse of resources
and reduction of contaminants released into the environment;
(B) In
supporting sustainable communities, assist and encourage local communities to
achieve the following objectives:
(i) Resilient
local economies that provide diverse economic opportunities for all residents;
(ii) Workers
supported by lifelong education that will ensure a globally competitive
workforce;
(iii) An
independent and productive citizenry;
(iv) Youth
supported by strong families and communities;
(v) Urban
communities, including downtown areas, that are active and vital;
(vi) Development
that wisely and efficiently uses infrastructure investments and natural
resources;
(vii) Affordable
housing available for residents in community centers;
(viii) Healthy
urban and rural watersheds, including habitats for fish and wildlife;
(ix) Clean
and sufficient water for all uses; and
(x) Efficient
use and reuse of resources and minimization of harmful emissions into the
environment;
(C) Assist
state agencies in intensifying efforts to increase the economic stability of
communities that are designated as economically distressed;
(D) Develop
and promote policies and programs that assist in the meeting of sustainability
goals established in this chapter and the priority guidelines and principles to promote sustainability set
forth in section 226-108;
(E) Identify,
evaluate, make recommendations regarding, and propose 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
(F) 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 5. Sections 4E-1, 6K-6, 195-6, 200D-2, 201-102, 205-4, 205-6, 205-18, 205-47, 205-48, 205-49, 205-50, 205A-1, 214-4, 223-2, 223-3, 225M-3, 225M-4, 225P-3, 226-2, 226-53, 226‑56, 226-59, 226-64, and 279A-4, Hawaii Revised Statutes, are amended by substituting the words "office of planning and sustainability" wherever the words "office of planning" appears, as the context requires.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7.
This Act shall take effect on January 28, 2045.
Report Title:
Office of Planning and Sustainability; Sustainability Goals and Policies
Description:
Renames the office of planning as the office of planning and sustainability and incorporates sustainability into the duties and responsibilities of the office to ensure long-term planning, coordination, and implementation of Hawaii's sustainability goals and policies. Takes effect on 1/28/2045. (SD1)
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