SB2493

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Duty to affirmatively further fair housing; housing assessment; general plans. (a) The counties and all of their agencies shall administer their programs and activities relating to housing and community development in a manner to affirmatively further fair housing and shall not take any action that is materially inconsistent with this obligation.

(b) Pursuant to subsection (a), each county's general plan shall assess fair housing in its jurisdiction, which shall include all of the following components:

(1) An analysis of population trends and documentation of projections and qualification of the county's existing and projected housing needs for all income levels, including extremely low-income households;

(2) A summary of fair housing issues in the county and an assessment of the county's fair housing enforcement and fair housing outreach capacity;

(3) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk; provided that the analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the county and in comparison to the State, based on race and other classes of persons protected by employment and housing laws;

(4) An assessment of the contributing factors, including the local and regional historical origins and current policies and practices for the fair housing issues identified in this section;

(5) An identification of the county's fair housing priorities and goals, giving highest priority to those factors identified in paragraph (4) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved;

(6) Strategies and actions to implement those priorities and goals identified in paragraph (5), which may include but are not limited to enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, place-based strategies to encourage community revitalization including preservation of existing affordable housing, and protecting existing residents from displacement; and

(7) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment to meet the county's housing need for a designated income level, an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the county's duty to affirmatively further fair housing.

(c) Each county shall develop a statement of the community's goals, qualified objectives, and policies to incorporate into its revised general plan relative to affirmatively further fair housing and to the maintenance, preservation, improvement, and development of housing. The statement shall identify:

(1) Actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to this subsection without rezoning;

(2) Sites as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing;

(3) Strategies to assist in the development of adequate housing to meet the needs of extremely low, very low, low- and moderate-income households;

(4) Methods to conserve and improve the condition of existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action; and

(5) A commitment to promote and affirmatively further fair housing opportunities and supply of housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, sexual orientation, age, or disability, and other classes protected under state law.

(d) The counties shall revise their general plans to accommodate the housing-related policies of a sustainable community strategy or an alternative planning strategy adopted pursuant to this section. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. Each county shall submit a report of its findings with a detailed budget and schedule for preparation and adoption of the required rezoning, including plans for citizen participation and expected interim action, to the legislature no later than twenty days prior to the convening of each regular session.

(e) For purposes of this section, "affirmatively further fair housing" means taking meaningful actions to:

(1) Overcome patterns of segregation;

(2) Foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics or classes of persons;

(3) Combat discrimination;

(4) Address significant disparities in housing needs and in access to opportunity;

(5) Replace segregated living patterns with truly integrated and balanced living patterns;

(6) Transform racially and ethnically concentrated areas of poverty into areas of opportunity; and

(7) Foster and maintain compliance with civil rights and fair housing laws."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2493
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII