SB2997.DOC

PART I

SECTION 1. The legislature finds that with Honolulu's construction of an elevated rail transit system, the State has an opportunity to enhance Oahu's urban environment and increase the quality of life for residents by utilizing sound smart growth and transit-oriented development principles to revitalize neighborhoods and increase affordable housing inventory, among other public benefits. In 2008, the city and county of Honolulu established a transit-oriented development program to permit the creation of special zoning districts. Since then, the city and county of Honolulu has been working with the community to create neighborhood transit-oriented development plans around each of the twenty-one rail stations along the twenty mile transit corridor. As the largest landowner of properties along the transit line, with approximately two thousand acres under the jurisdiction of various departments, the State must be proactive and place a priority on planning with a statewide policy perspective, rather than a departmental mission perspective, to maximize the benefits of state lands available for redevelopment.

To ensure that the State has a unified vision and approach toward redevelopment of its properties, the purpose of this part is to designate the office of planning as the lead agency to coordinate and advance transit-oriented development planning in the State and require that the office of planning approve all state agencies' development plans for parcels along the rail transit corridor, including any properties that the State may obtain in the future.

SECTION 2. 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 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 are required for future generations.

The establishment of an office of planning 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) Coordinate and advance transit-oriented development planning within the State."

SECTION 3. Section 225M-2, Hawaii Revised Statutes, is amended to read as follows:

"§225M-2 Office of planning, establishment; responsibilities. (a) There is established within the department of business, economic development, and tourism an office of planning. The head of the office shall be known as the director of the office of planning, referred to in this chapter as director. The director shall have: training in the field of urban or regional planning, public administration, or other related fields; experience in programs or services related to governmental planning; and 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 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 shall ensure the security of that data; and

(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;

(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 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; [~~and~~]

(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) Transit-oriented development. Acting as the lead agency to coordinate and advance 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) 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;

(E) Publicize coordinated state efforts that support smart growth, walkable neighborhoods, and transit-oriented development;

(F) 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

(G) Approve all state agencies' development plans for parcels along the rail transit corridor pursuant to subsection (c).

(c) No state executive agency, including any state department, office, board, or commission, shall begin design or construction, or enter into development agreements for parcels along the rail transit corridor, including any properties that the State may obtain in the future, unless the office of planning approves the respective agency's development plan."

PART II

SECTION 4. The legislature finds that in 2015, the ad-hoc state transit-oriented development task force was convened to identify and determine priority sites and projects that should be considered for transit-oriented development master planning and development. Task force members included state and city and county agencies, elected officials, and numerous private individuals and entities. In December 2015, the task force submitted a report to the legislature, which included various recommendations such as formally constituting the state transit-oriented development task force to promote effective and efficient transit-oriented development planning and coordination in developing a unified action plan for transit-oriented development on state transit-oriented development projects.

The purpose of this part is to establish a transit-oriented development advisory group to develop, in collaboration with the office of planning, a unified action plan for the implementation of transit-oriented development on a statewide level.

SECTION 5. (a) There is established a transit-oriented development advisory group to be convened and overseen by the office of planning.

(b) Utilizing the city and county of Honolulu's transit-oriented development zoning ordinances and planning efforts as a baseline, the transit-oriented development advisory group shall collaborate with the office of planning to develop a unified action plan for the implementation of transit-oriented development on a statewide level.

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

(2) The comptroller, or the comptroller's designee;

(3) The chairperson of the board of agriculture, or the chairperson's designee;

(4) The superintendent of education, or the superintendent's designee;

(5) The chairperson of the Hawaiian homes commission, or the chairperson's designee;

(6) The chairperson of the board of land and natural resources, or the chairperson's designee;

(7) The director of public safety, or the director's designee;

(8) The director of transportation, or the director's designee;

(9) The executive director of the Hawaii community development authority, or the director's designee;

(10) The executive director of the Hawaii housing finance and development corporation, or the director's designee;

(11) The executive director of the Hawaii public housing authority, or the director's designee;

(12) The chairperson of the stadium authority, or the chairperson's designee;

(13) The president of the University of Hawaii system, or the president's designee;

(14) One member of the senate appointed by the president of the senate;

(15) One member of the house of representatives appointed by the speaker of the house of representatives;

(16) A representative from the city and county of Honolulu department of planning and permitting; and

(17) Any other entity as determined by the office of planning.

(d) The transit-oriented development advisory group shall convene periodically as determined by the office of planning. All meetings by the advisory group shall be open to the public.

(e) The members of the transit-oriented development advisory group shall receive no compensation but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties as members of the committee.

PART III

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2997
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII