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THE SENATE |
S.B. NO. |
2557 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to green buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that private developers of commercial projects should be encouraged to design, construct, and operate environmentally responsible buildings. Other jurisdictions have instituted green building incentive programs, which permits developers to increase the maximum allowable development on a property in exchange for implementing specific green building standards into the project. This policy has been highly effective in cities like Arlington, Virginia, and Ashland, Oregon.
The purpose of this Act is to promote market growth in energy efficiency and renewable energy technologies by requiring counties and other state agencies to allow commercial developers who choose to incorporate qualifying green practices into their projects to qualify for a density bonus.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46‑ Density bonus for green commercial buildings. (a) Notwithstanding section 46-4(a), each county shall authorize a land use density bonus to a new qualifying green commercial building that meets qualifying green building standards. To qualify for the density bonus, the construction plans and building permit application for the qualifying green commercial building shall guarantee that the building will meet or exceed the LEED silver certification rating and otherwise qualify under county specifications adopted for this purpose. Within forty‑five days of the submission to the county of documentation sufficient to establish the building's qualification for the density bonus, the county shall approve, deny, or conditionally approve of the density bonus for the building. A density bonus may allow for increase in developed square footage, increase in the number of developed units, or exemption from height or yard area restrictions, as may be specified by county rule or ordinance.
(b) Each county shall adopt rules pursuant to chapter 91 as are necessary to carry out the purposes of this section.
(c) For purposes of this section:
"LEED" means Leadership in Energy and Environmental Design.
"Qualifying green building standards" means the LEED silver certification rating, and other standards as may be adopted by each county for approval of the density bonuses within its jurisdiction.
"Qualifying green commercial building" means a new building, which meets qualifying green building standards, that is intended for commercial or business use to be constructed on appropriately zoned land."
SECTION 3. Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§183C‑ Density bonus for green commercial buildings. (a) The department shall authorize a land use density bonus to a new qualifying green commercial building that meets qualifying green building standards; provided that such use is otherwise in conformity with chapter 205A, if applicable, and the intent of the legislature as provided in section 183C-1. To qualify for the density bonus, the develop permit application for the qualifying green commercial building shall guarantee that the building will meet or exceed the LEED silver certification rating and otherwise qualify under department specifications adopted for this purpose. Within forty-five days of the submission to the department of documentation sufficient to establish the building's qualification for the density bonus, the department shall approve, deny, or conditionally approve of the density bonus for the building. A density bonus may allow for increase in developed square footage, increase in the number of developed units, or exemption from height or yard area restrictions, as may be specified by department rule.
(b) The department shall adopt rules pursuant to chapter 91 as are necessary to carry out the purposes of this section.
(c) For purposes of this section:
"LEED" means Leadership in Energy and Environmental Design.
"Qualifying green building standards" means the LEED silver certification rating, and other standards as may be adopted by the department for approval of the density bonuses within its jurisdiction.
"Qualifying green commercial building" means a new building, which meets qualifying green building standards, that is intended for commercial or business use to be constructed on appropriately zoned land."
SECTION 4. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E‑ Density bonus for green commercial buildings. (a) The authority shall authorize a land use density bonus to a new qualifying green commercial building that meets qualifying green building standards. To qualify for the density bonus, the develop permit application for the qualifying green commercial building shall guarantee that the building will meet or exceed the LEED silver certification rating and otherwise qualify under authority specifications adopted for this purpose. Within forty-five days of the submission to the county of documentation sufficient to establish the building's qualification for the density bonus, the authority shall approve, deny, or conditionally approval of the density bonus for the building. A density bonus may allow for increase in developed square footage, increase in the number of developed units, or exemption from height or yard area restrictions, as may be specified by authority rule.
(b) The authority shall adopt rules pursuant to chapter 91 as are necessary to carry out the purposes of this section.
(c) For purposes of this section:
"LEED" means Leadership in Energy and Environmental Design.
"Qualifying green building standards" means the LEED silver certification rating, and other standards as may be adopted by the authority for approval of the density bonuses within its jurisdiction.
"Qualifying green commercial building" means a new building, which meets qualifying green building standards, that is intended for commercial or business use to be constructed on appropriately zoned land."
SECTION 5. Chapter 206G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E‑ Density bonus for green commercial buildings. (a) The commission shall authorize a land use density bonus to a new qualifying green commercial building that meets qualifying green building standards. To qualify for the density bonus, the develop permit application for the qualifying green commercial building shall guarantee that the building will meet or exceed the LEED silver certification rating and otherwise qualify under commission specifications adopted for this purpose. Within forty-five days of the submission to the county of documentation sufficient to establish the building's qualification for the density bonus, the commission shall approve, deny, or conditionally approval of the density bonus for the building. A density bonus may allow for increase in developed square footage, increase in the number of developed units, or exemption from height or yard area restrictions, as may be specified by commission rule.
(b) The commission shall adopt rules pursuant to chapter 91 as are necessary to carry out the purposes of this section.
(c) For purposes of this section:
"LEED" means Leadership in Energy and Environmental Design.
"Qualifying green building standards" means the LEED silver certification rating, and other standards as may be adopted by the commission for approval of the density bonuses within its jurisdiction.
"Qualifying green commercial building" means a new building, which meets qualifying green building standards, that is intended for commercial or business use to be constructed on appropriately zoned land."
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Green Buildings; Density Bonus; Counties and State Agencies
Description:
Requires counties and state agencies responsible for zoning to give developers of qualifying green commercial buildings a density bonus. Requires the county or state agency, as applicable, to process the density bonus application within 45 days of receipt of required documentation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.