Bill Text: HI SB2631 | 2010 | Regular Session | Introduced

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Bill Title: Construction Task Force; Transportation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (S) Referred to TIA, WTL. [SB2631 Detail]

Download: Hawaii-2010-SB2631-Introduced.html

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THE SENATE	S.B. NO.	2631
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that in this period of high economic turmoil, procedural changes are necessary to provide the State the ability for quick recovery and successful economic stimulation.

     The federal government has instituted an economic recovery program that is based on the abilities of state agencies to begin and complete construction projects.  To facilitate the federal program, it is necessary for the State to make changes to its laws and programs that will allow state‑funded construction projects to move forward quickly and efficiently.

     The legislature further finds that it is necessary to provide the airports and highways division of the department of transportation with the same type of county exemptions from shoreline management area permits that are provided to the department of transportation harbors division.

     The legislature also finds that this exemption is necessary to provide both the airports and highways divisions to progress with projects that are necessary to a projects' footprint and to contain escalating construction costs.

     Senate Concurrent Resolution No. 132, S.D. 1 (2009) established a task force to determine the economic contributions of the construction industry in Hawaii.  As directed in the concurrent resolution, the task force has developed a series of proposals for state actions to preserve and create new jobs in the local construction industry.  The intent of this Act is to implement one of the task force's proposals.

     The purpose of this Act is to extend to the airports and highways division of the department of transportation the same exemptions from county shoreline management area permit requirements that are provided to the harbors division of the department of transportation.

     SECTION 2.  Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§264‑    Exemption from county permitting.  Notwithstanding any law to the contrary, all structures and improvements to land to be used for state or county highway purposes:

     (1)  May be planned, designed, and constructed by the appropriate state or county department without the approval of county agencies;

     (2)  Shall be exempt from any county permitting requirements; and

     (3)  Shall be exempt from any county agencies' special management area permitting requirements."

     SECTION 3.  Section 261-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Structures and improvements.  [All] Notwithstanding any law to the contrary, all structures and improvements to land, to be used for airport purposes[, may]:

     (1)  May be planned, designed, and constructed by the department[.] without the approval of county agencies; and

     (2)  Shall be exempt from county agencies' special management area permitting requirements."

     SECTION 4.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development" means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

     (1)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; 

     (2)  Grading, removing, dredging, mining, or extraction of any materials;

     (3)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

     (4)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

     (5)  Construction, reconstruction, demolition, or alteration of the size of any structure.

     "Development" does not include the following:

     (1)  Construction of a single-family residence that is not part of a larger development;

     (2)  Repair or maintenance of roads and highways within existing rights-of-way;

     (3)  Routine maintenance dredging of existing streams, channels, and drainage ways;

     (4)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures such as pad mounted transformers and sewer pump stations;

     (5)  Zoning variances, except for height, density, parking, and shoreline setback;

     (6)  Repair, maintenance, or interior alterations to existing structures;

     (7)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

     (8)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes;

     (9)  Transfer of title to land;

    (10)  Creation or termination of easements, covenants, or other rights in structures or land;

    (11)  Subdivision of land into lots greater than twenty acres in size;

    (12)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land which is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

    (13)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

    (14)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

    (15)  Nonstructural improvements to existing commercial structures; [and]

    (16)  Construction, installation, maintenance, repair, and replacement of civil defense warning or signal devices and sirens;

    (17)  Construction of airports authorized by the department of transportation pursuant to section 261-4; and

    (18)  Construction of highways authorized by the department of transportation pursuant to section 264-7;

provided that whenever the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

     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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Construction Task Force; Transportation

 

Description:

Exempts from county approval state department of transportation development and construction of highways and airports.

 

 

 

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