SB1925

SECTION 1. The legislature finds that Hawaii is a unique and beautiful State that is largely dependent on the importation of fuel, food, and supplies to sustain its economy and communities. In 2005, the legislature enacted Act 8, Special Session Laws of Hawaii 2005, to establish the Hawaii 2050 sustainability task force. The task force was established to review the Hawaii state plan and other fundamental components of community planning, and to develop a Hawaii 2050 sustainability plan to address the real, serious, and immediate problems the State faces today and recommend various solutions to preserve and maintain a healthy future for the State.

Since then, the interest in the concept of sustainability has grown through the efforts of the task force; state and county departments and agencies; local businesses and community groups; and community engagement programs and projects. Private industries and developers have introduced technology and concepts that can assist communities into becoming more sustainable and independent with minimal detrimental effects to the environment and the economy. Sustainability has transformed from the conceptual stage to an actual lifestyle that can be achieved, but only through a comprehensive joint effort with the government and the community.

The purpose of this Act is to develop and establish sustainable communities in the State.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter within title 13 to be appropriately designated and to read as follows:

"Chapter

sustainable communities

§ -1 Sustainable communities; established; objectives. To maintain and preserve a healthy quality of life and environment for Hawaii's future generations, the State, in a combined effort with all state departments and agencies, shall develop and maintain sustainable communities that will:

(1) Generate its own energy onsite by utilizing alternative energy sources to fulfill a large percentage of its energy requirements, and become less reliant on imported fossil fuels;

(2) Implement extensive recycling programs for its solid waste management and avoid adding more waste to landfills, which can result in further pollution and other harmful affects to the environment;

(3) Implement an extensive wastewater recycling and treatment management system that will enable the community to conserve water and protect waters in and around the State;

(4) Protect and preserve open space;

(5) Promote and encourage visitation to any nearby cultural or historic sites, public beaches, shores, trails, and other outdoor recreational areas by not restricting public access to these areas;

(6) Provide affordable housing units for residents to enable them to stay in Hawaii and provide shelter for their families; and

(7) Educate and promote awareness that sustainability is more than a concept, but a lifestyle that can be achieved and implemented in the daily lives of Hawaii residents.

§ -2 Applicability. This chapter shall apply to residential communities with development plans for fifty or more residential units for which general planning, development, and construction has commenced after December 31, 2007.

§ -3 Community energy requirements. (a) Notwithstanding any provision under chapter 196 to the contrary, the energy resource coordinator shall advise and coordinate with other state departments and agencies and a developer who is subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii for which general planning, development, and construction has commenced after December 21, 2007, to generate at least fifty per cent of all of its energy requirements for the entire community under development, including but not limited to residential homes and areas and services provided for and used by the entire community under development.

(b) The energy resources coordinator shall develop a plan for the developer's implementation that explores all types of energy resources, as defined under section 196-2, and determine which resources are the most feasible for the community under development to use to meet its energy needs and energy generating requirements under this section.

(c) The coordinator shall cooperate and coordinate with any state department or agency to expedite the application process for any permits relating to generating energy, and allow the state department or agency three hundred sixty days to review and decide on the permit application. If the three hundred sixty-day time period has expired on a state permit application and no decision has been rendered, the permit shall be deemed approved.

(d) The coordinator shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

§ -4 State department and agency cooperation and compliance; required. Each state department and agency shall cooperate and comply with any request made pursuant to this chapter from the energy resource coordinator. The department or agency shall prioritize the energy resource coordinator's request and expedite the processing thereof.

§ -5 Community solid waste management requirements. (a) Notwithstanding any provision under chapter 342G to the contrary, the director of health shall advise and coordinate with other state departments and agencies and a developer who is subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, to implement a comprehensive recycling program. The purpose of the plan shall be to enable the community to divert at least seventy-five per cent of its solid waste from the landfills.

(b) The solid waste management plan shall include provisions for recycling, bioconversion, and composting, including recycling provisions for building or structure demolition. The plan shall also provide safety measures for the proper disposal and treatment of hazardous waste or materials with hazardous components under chapter 342J. The director of health shall explore all types of recycling programs and determine which programs are the most feasible for the community under development to implement and fulfill its solid waste management requirements under this section.

(c) Notwithstanding any provision relating to permits under chapter 342H or any other applicable chapter to the contrary, the department of health shall expedite the application process for any permit application from a developer of a residential community that is subject to this chapter and have three hundred sixty days to review and decide on the permit application. If the three hundred sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.

(d) The director of health shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

§ -6 Community wastewater treatment and recycling. (a) Notwithstanding any provision under chapter 342D to the contrary, the director of health shall advise and coordinate with other state departments and agencies and a developer who is subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, to implement a wastewater treatment and recycling plan.

(b) The purpose of the plan is to enable the community under development to treat and recycle all of its wastewater for landscaping water requirements onsite of the community and any agricultural water irrigation requirements offsite of the community. The plan shall also provide safety measures for the proper treatment and disposal of wastewater, which may contain hazardous materials under chapter 342J. The director of health shall explore all types of wastewater treatment and recycling programs, and determine which programs are the most feasible for the community under development to fulfill its wastewater treatment and recycling requirements under this section.

(c) Notwithstanding any provision relating to permits under chapter 342D or any other applicable section to the contrary, the department of health shall expedite the application process for any permit application from a developer of a residential community that is subject to this chapter and have three hundred sixty days to review and decide on the permit application. If the three hundred sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.

(d) The director of health shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

§ -7 Community land use and planning. (a) Notwithstanding any provision under chapter 205 to the contrary, the developer of any residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, shall coordinate with the energy resources coordinator and land use commission and shall cooperate and coordinate with other state departments and agencies to develop a residential community land use plan that is in compliance with this chapter.

(b) The development plan for the residential community shall include but not be limited to:

(1) Designate at least fifty per cent of the entire tract of land for the residential community for open space; provided that:

(A) Open space shall not include areas designated for golf courses; and

(B) Open space shall include the shoreline, if the planned community abuts and includes shoreline space.

(2) Be designed with the intent to be accessible by the public and shall not be designed to be a gated community; and

(3) Allow free and open access to any nearby cultural or historic sites, public beaches, shore, parks, trails, or other public recreational areas.

(c) The land use commission shall coordinate with any state department or agency to expedite the application process for any permit application from a developer of a residential community that is subject to this chapter to provide other state departments or agencies sufficient time to review and decide on the permit application within the three hundred sixty-day permit processing time period imposed under this chapter.

(d) The land use commission shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

§ -8 Community affordable units. (a) Notwithstanding any provision under chapter 201H to the contrary, the developer of a residential community in Hawaii for which the general planning, development, and construction has commenced after December 31, 2007, shall cooperate and coordinate with the Hawaii housing finance and development corporation, as necessary, to develop and implement a residential housing plan that will designate and reserve at least forty per cent of all of its residential units within the planned community for affordable housing units.

(b) The Hawaii housing and finance development corporation shall coordinate with any state department or agency to expedite the application process for any permit application of a residential community that is subject to this chapter and relating to affordable residential unit development to allow any department or agency subject to the three hundred sixty-day permit processing time period imposed under this chapter to review and decide on a permit application.

(c) The Hawaii housing and finance development corporation shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

§ -9 Energy resource coordinator; ad hoc development advisory committee convenor. (a) The energy resource coordinator shall convene ad hoc development advisory committees to determine the feasibility of developing an integrated plan for a sustainable residential community on any proposed tract of land that fulfills the requirements under this chapter. The advisory committees shall convene only when the residential community plan proposes to develop fifty or more residential units within the proposed community, and the general planning, development, and construction has commenced after December 31, 2007.

(b) The members of the advisory committee shall consist of:

(1) The residential community developer;

(2) The energy resources coordinator;

(3) The director of planning from the county in which the development is planned for or the director's designee;

(4) The director of the office of planning or the director's designee;

(5) The director of health or the director's designee; and

(6) The executive director of the Hawaii housing finance and development corporation or the executive director's designee.

The energy resources coordinator shall be the chairperson of the advisory committee.

(c) Any development requirements established and agreed upon between the energy resources coordinator, on behalf of an ad hoc development advisory committee and the developer shall be reduced in writing and shall be included in any executed development agreement.

§ -10 Failure to comply; penalty; enforcement. (a) The energy resources coordinator shall monitor the compliance of any residential community that is subject to this chapter.

(b) If, up until one year after the completion of development of a residential community subject to this chapter, or at any point prior to completion, the energy resources coordinator determines that a developer is not in compliance with this chapter, the energy resources coordinator may fine the developer for noncompliance and may require the developer to suspend development until the noncompliance has been remedied.

(c) If noncompliance with this chapter occurs one year after completion of the residential community that is subject to this chapter, or at any time subsequent to one year after the development of the community is completed, the energy resources coordinator may enforce the requirements of this chapter against the community's association.

(d) The energy resources coordinator shall establish fines and penalties for noncompliance with this chapter under rules adopted pursuant to chapter 91."

SECTION 3. This Act shall take effect upon its approval and shall be repealed on July 1, 2012.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1925
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII