Bill Text: HI SB1014 | 2021 | Regular Session | Introduced
Bill Title: Relating To Land Use.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-01-29 - Referred to WTL, WAM. [SB1014 Detail]
Download: Hawaii-2021-SB1014-Introduced.html
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THE SENATE |
S.B. NO. |
1014 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawai‘i has been struggling with a lack of affordable housing for decades. Challenges range from land and infrastructure costs, funding and over-regulation, and permitting. According to the department of business, economic development, and tourism's 2015 report on housing demand in Hawai‘i, the state needs 64,493 additional housing units to meet the demand projected for 2025. The State has a housing supply problem and needs creative solutions to build more housing at all price points.
The legislature further finds that the land use commission is responsible for the classification of land parcels in the urban, rural, agricultural, and conservation districts. Additionally, the land use commission is responsible for amendment petitions involving the reclassification of lands greater than fifteen acres in areas in the agricultural, rural, and urban districts. The legislature also finds that if the responsibility of boundary amendments were given to the counties, building infrastructure for larger scale projects would be more economically feasible, such as a water treatment plant or a connection to an existing sewer system. Opening land for affordable housing projects will facilitate the State's goal of increasing the supply of much needed affordable housing units, while being budget neutral to the State.
The purpose of this Act is to allow the counties to reclassify lands that are fifteen to one hundred acres in area, provided that fifty per cent or more of the proposed housing units are occupied by the owner and priced or below one hundred forty per cent of the area median income.
SECTION 2. Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:
"§205-3.1 Amendments to district
boundaries. (a) District boundary amendments involving [lands
in the conservation district, land areas greater than fifteen acres, or lands
delineated as important agricultural] the following lands shall be
processed by the land use commission pursuant to section 205-4[.]:
(1) Lands in the conservation
district;
(2) Lands greater
than fifteen acres, except for lands pursuant to subsection (c); or
(3) Lands delineated
as important agricultural lands.
(b)
Any department or agency of the State, any department or agency of the
county in which the land is situated, or any person with a property interest in
the land sought to be reclassified may petition the appropriate county land use
decision-making authority [of the county] in which the land is situated
for a change in the boundary of a district involving [lands]:
(1) Lands less
than fifteen acres presently in the rural and urban districts [and lands];
and
(2) Lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands.
(c) Any department or agency of the State, any
department or agency of the county in which the land is situated, or any person
with a property interest in the land sought to be reclassified may petition the
appropriate county land use decision-making authority in which the land is
situated for a change in the boundary of a district involving:
(1) Lands greater than
fifteen acres but no more than one hundred acres presently in the rural and
urban districts; and
(2) Lands greater than
fifteen acres but no more than one hundred acres in the agricultural district
that are not designated as important agricultural lands;
provided that any proposed reclassification of
lands pursuant to this subsection shall be contingent upon any proposed project
consisting of housing units of which at least fifty per cent of housing units are
priced at or below one hundred forty per cent of the area median income; provided
further that housing units located on lands pursuant to this section shall be occupied
by the purchaser at all times.
[(c)] (d) District boundary amendments involving land
areas of fifteen acres or less, except as provided in subsection (b), shall be
determined by the appropriate county land use decision-making authority for the
district and shall not require consideration by the land use commission
pursuant to section 205-4; provided that such boundary amendments and approved
uses are consistent with this chapter.
The appropriate county land use decision-making authority may consolidate
proceedings to amend state land use district boundaries pursuant to this subsection,
with county proceedings to amend the general plan, development plan, zoning of
the affected land, or such other proceedings.
Appropriate ordinances and rules to allow consolidation of such
proceedings may be developed by the county land use decision-making authority.
[(d)] (e) The county land use decision-making authority
shall serve a copy of the application for a district boundary amendment to the
land use commission and the department of business, economic development, and
tourism and shall notify the commission and the department of the time and
place of the hearing and the proposed amendments scheduled to be heard at the
hearing. A change in the state land use
district boundaries pursuant to this subsection shall become effective on the
day designated by the county land use decision-making authority in its
decision. Within sixty days of the
effective date of any decision to amend state land use district boundaries by the
county land use decision-making authority, the decision and the description and
map of the affected property shall be transmitted to the land use commission
and the department of business, economic development, and tourism by the county
planning director."
SECTION 3. Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any department or agency of the State, any
department or agency of the county in which the land is situated, or any person
with a property interest in the land sought to be reclassified, may petition
the land use commission for a change in the boundary of a district. This section applies to all petitions for
changes in district boundaries of lands within conservation districts, lands
designated or sought to be designated as important agricultural lands, and lands
greater than fifteen acres in the agricultural, rural, and urban districts,
except as provided in [section 201H-38.] sections 201H-38 and 205-3.1(a). The land use commission shall adopt rules pursuant
to chapter 91 to implement section 201H-38."
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.
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INTRODUCED BY: |
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Report Title:
District Boundaries; Amendments; Counties; Affordable Housing
Description:
Authorizes county land use decision-making authorities to amend district boundaries involving lands greater than fifteen but no more than one hundred acres if a proposed project consists of housing units where 50 per cent of the housing units are priced at or below 140 per cent of the area median income and are occupied by the owner at all times.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
