SB2193 SD1

SECTION 1. The legislature finds that the State has a critical need for the development and construction of affordable housing units for residents of the State. Act 127, Session Laws of Hawaii 2016, as amended by Act 96, Session Laws of Hawaii 2017, established a goal of developing at least 22,500 affordable rental housing units ready for occupancy between 2017 and 2026. The legislature further finds that the transit-oriented development associated with the construction of a rail transit system in Honolulu has the potential to fulfill this housing goal. Because the State is the largest landowner of properties along the rail transit line, the State has an opportunity to utilize its resources to significantly increase the inventory of affordable housing units.

The legislature additionally finds that Act 130, Session Laws of Hawaii 2016, established the office of planning, now known as the office of planning and sustainable development, as the lead agency to coordinate and advance smart growth and transit-oriented development planning within the State, including targeting transit-oriented development areas for significant increases in affordable housing and rental units and approving all state agencies' development plans for parcels along the rail transit corridor. The legislature also finds that requiring an affordable housing component as part of development and redevelopment of state properties along the rail transit line will not only increase the affordable housing stock, but also support rail ridership goals by locating denser, mixed use developments along the rail transit line.

The purpose of this Act is to require affordable housing to be included in state agencies' development or redevelopment plans for state transit-oriented development along the rail transit corridor that are subject to approval by the office of planning and sustainable development as part of its function as the lead agency to coordinate and advance smart growth and transit-oriented development planning within the State.

SECTION 2. Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The office of planning and sustainable development shall gather, analyze, and provide information to the governor, the legislature, and state and county agencies 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 current social, economic, and physical conditions and trends through surveys, environmental scanning, and other techniques; 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 and sustainable development 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, [~~and~~] assisting state agencies in the development and submittal of petitions for land use district boundary amendments, and conducting reviews of the classification and districting of all lands in the State, as specified in chapter 205;

(6) Coastal and ocean policy management, and sea level rise adaptation coordination. Carrying out the lead agency responsibilities for the Hawaii coastal zone management program, as specified in chapter 205A. Also:

(A) Developing and maintaining an ocean and coastal resources information, planning, and management system;

(B) Further developing and coordinating implementation of the ocean resources management plan;

(C) Formulating ocean policies with respect to the exclusive economic zone, coral reefs, and national marine sanctuaries; and

(D) Coordinating sea level rise adaptation with state agencies having operational responsibilities over state facilities to identify existing and planned facilities, including critical infrastructure, that are vulnerable to sea level rise, flooding impacts, and natural hazards;

(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;

(9) Climate adaptation and sustainability planning and coordination. 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 chapter 225P and sections 226-108 and 226-109; and

(B) Provide planning and policy guidance and assistance to state and county agencies regarding climate change and sustainability;

(10) Smart growth and transit-oriented development. Acting as the lead agency to coordinate and advance smart growth and 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) Target transit-oriented development areas for significant increase in affordable housing and rental units;

(E) 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;

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

(G) 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

(H) Approve all state agencies' development plans for parcels along the rail transit corridor[.]; provided that state agencies shall consult with the office of planning and sustainable development and the Hawaii housing finance and development corporation early in the formulation of agencies’ development plans to determine whether housing is appropriate on the parcels, and if determined to be appropriate, how the provision of affordable housing units could be maximized on the parcel or parcels; provided further that state agencies shall incorporate in the formulation of development plans provisions to ensure at least fifty per cent of units are reserved for residents who:

(i) Are residents of the State;

(ii) Are the occupants of the unit; and

(iii) Own no other property,

unless the office of planning and sustainable development determines that housing is not feasible or desirable on a particular property; provided further that this subparagraph shall not apply to the rail transit corridor located in Halawa.

For the purposes of this subparagraph, "development plans" means conceptual land use plans that identify the location and planned uses within a defined area; and

(11) Environmental review. Performing duties set forth under chapter 343, serving the governor in an advisory capacity on all matters relating to environmental review, and having such powers delegated by the governor as are necessary to coordinate and, when requested by the governor, direct all state governmental agencies in matters concerning environmental quality control, including:

(A) Advising and assisting private industries, governmental department and agencies, and other persons on the requirements of chapter 343; and

(B) Conducting public education programs on environmental quality control;

provided that the office shall adopt rules in accordance with chapter 91 to implement this paragraph."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2022.

THE SENATE	S.B. NO.	2193
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII