Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System
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Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System

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What: NRS Monthly Speaker Series: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System ...

What: NRS Monthly Speaker Series: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System
What: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System

When: Tuesday, May 28, 2013, 12:00 p.m. to 1:00 p.m.

Where: HSBA Conference Room (10th Floor, Alakea Corporate Tower, 1100 Alakea Street)

Who: Jesse K. Souki, Director, Office of Planning, State of Hawaii

Mr. Souki has advised and counseled public and private sector clients on projects related to residential mixed use, resorts, commercial and industrial, and public infrastructure development. His practice focuses on helping clients successfully navigate local, state, and federal policy and regulatory frameworks that affect land and ocean based development. He has served as Deputy Corporation Counsel to the Maui and Honolulu planning commissions and planning departments. As Director of the Office of Planning, his priorities include supporting the development of land and ocean based clean energy projects, climate change adaptation planning and implementation, and Smart Growth planning and development through transit-oriented development.

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  • Our Boss: The Governor What: Maintain an overall framework to guide the development of the State of Hawaii.How: Continuous process of comprehensive, long-range, and strategic planning.
  • We are a planning and policy office.Statewide coordination, e.g., Runoff issues, Community outreach, Interagency planning issues
  • BIA and DOT asked that the statute be limited to “existing” harbors. The legislature did not add that language.EPA, 343, Army CorpsPublic Trust, Kauai Springs v. Planning Commission of the County of Kauai, requires decision-makers to make appropriate assessments and require reasonable measures to protect public trust resources pursuant to Article XI, section 1 of the Hawaii Constitution.

Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System Presentation Transcript

  • Measures thatPassed the 27thLegislature and WillAffect HawaiisStatewide Land Useand Planning SystemNatural Resources SectionHawaii State Bar AssociationMonthly Speaker SeriesMay 28, 2013Presentation byJesse K. Souki, DirectorOffice of PlanningState of Hawaii
  • StateOffice ofPlanningHawaii Revised StatutesChapter 225M
  • Why was the Office created?• Fix responsibility and accountability to successfullycarry out statewide planning programs, policies,and priorities• Improve the efficiency and effectiveness of theoperations of the executive branch• Ensure comprehensive planning and coordinationto enhance the quality of life of the people of HawaiiSource: HRS §225M-1.
  • Why Plan?• Meet the physical, economic, and social needs ofHawaiis people• Provide for the wise use of Hawaiis resources in acoordinated, efficient, and economical manner• Conserve natural, environmental, recreational,scenic, historic, and other limited and irreplaceableresources which are required for future generationsSource: HRS §225M-1.
  • What does OP do?1. State comprehensive planning and programcoordination2. Strategic planning3. Planning coordination and cooperation4. Statewide planning and geographic informationsystem (GIS)5. Land use planning6. Coastal and ocean policy management7. Regional planning and studies8. Regional, national, and international planningSource: HRS §225M-2.
  • Regulatory Activities• Some SMA Approvals.Reviewing and issuing ofspecial management area permits for projectswithin the Hawaii community development districts• CZM Determinations. Reviewing and issuing ofCoastal Zone Management (CZM) Act federalconsistency determinations for certain federalactions and activities• LUC Recommendations. Developing andpresenting the position of the State in all boundarychange petitions and proceedings before the LandUse CommissionSource: HRS Chapters 205, 205A, and 225M.
  • KeyPoliciesthat GuideOP•Hawaii State PlanningAct•State Land Use Law•Coastal ZoneManagement Act
  • HawaiiStatePlanningActHawaii Revised StatutesChapter 226 (1978)• Serves as a guide for the future long-range development of the State• Identifies the goals, objectives, policies,and priorities for the State• Provides a basis for determiningpriorities and allocating limitedresources, such as public funds,services, human resources, land,energy, water, and other resources• Improves the coordination of federal,state, and county plans, policies,programs, projects, and regulatoryactivities• Establishes a system for planformulation and program coordinationto provide for an integration of allmajor state, and county activities
  • A STATEWIDE PLANNING SYSTEMPart I: Overall Theme, Goals, Objectives and PoliciesPopulationEconomyPhysicalenvironmentFacility systemsSocio-culturaladvancementPart III: Priority GuidelinesEconomicPopulation GrowthCrime and criminaljusticeAffordable housingEducationSustainabilityClimate ChangeAdaptationPart II: Statewide planning systemFunctional plans•Define and implement PartsI and II•Identify priority issues•Implementing actionsCounty general plans•Desired population•Physical developmentpatterns•Further define Parts I and IIState programs•State budget•Land Use Commission•Board of Land and NaturalResources
  • State LandUse LawHawaii Revised StatutesChapter 205• Purpose• “preserve, protect and encourage thedevelopment of the lands in the State forthose uses to which they are best suitedfor the public welfare[.]” See L. 1961, c187, § 1.• Implementation Mechanisms• 5-Year Boundary Review• District Boundary Amendments• Important Agricultural LandsDesignation• State Special Use Permits
  • State Land Use Classifications1969U3%C49%A48%R0%2011U5%C48%A47%R0%
  • Coastal ZoneManagementActHawaii Revised StatutesChapter 205A• Purpose• “provide for the effectivemanagement, beneficialuse, protection, and development of thecoastal zone.” SeeL. 1977, c 188, § 1.• Implementing Mechanisms• Special Management Area Permits• Federal Consistency• Comprehensive Planning andCoordination
  • Special Management Areas
  • Measures that Passed the 27th LegislatureThat Affect Hawaii Land Use & Planning Laws
  • Important Information &Caveats• Legislature’s Deadlines• May 2, 2013: Sine die• Governor’s Deadlines• June 24, 2013: Notice of intent to veto deadline (35th day afteradjournment sine die)• July 9, 2013: Veto deadline (45th day after adjournment sinedie)• The legislature passed 293 bills.• As of May 24, 2013, the Governor signed 86 bills intolaw• The Governor has 207 bills before him forconsideration
  • Act12, SB479SD2RELATING TO THEMEMBERSHIP OF AMETROPOLITAN PLANNINGORGANIZATION.• Updates the membership of theMetropolitan Planning Organizationpolicy committee• Add 14th Member:• “One member who shall be the director ofthe authority for rapid or masstransportation, or a successor agencythereof, that operates publictransportation on that island.” See HRS§279E-3.• Oahu MPO – required for federalfunding• July 6, 2012, P.L. 112-141, MovingAhead for Progress in the21st CenturyAct (MAP-21)• MPO’s must include, “representation byproviders of public transportation.”
  • Act38, HB1133SD2RELATING TO PUBLICLAND.• Repeals HRS Chapter 171C, relating tothe Public Land DevelopmentCorporation• Transfers PLDC assets to the DLNR• Purpose: “. . . to create a vehicle andprocess to make optimal use of publicland for theeconomic, environmental, and socialbenefit of the people of Hawaii.”• Reason for Repeal• “achieving this goal requires a greaterrespect for existing laws and proceduresand greater assurance”• “county councils of Kauai and Maui haveadopted resolutions urging the legislatureto abolish”
  • Act55, SB327SD1 HD1RELATING TOAGRICULTURE.• Amends the Hawaii State Planning Act (HRSChapter 226)• Purpose: To specifically support the purchase andconsumption of locally grown food and foodproducts.• Adds to Objectives and Policies (HRS §226-7)• Strengthen diversified agriculture by developing aneffective promotion, marketing, and distribution systembetween Hawaiis food producers and consumers in theState, nation, and world.• In addition to the States priority on food, expandHawaiis agricultural base by promoting growth anddevelopment of flowers, tropical fruits andplants, livestock, feed grains, forestry, foodcrops, aquaculture, and other potential enterprises.• Promote economically competitive activities that increaseHawaiis agricultural self-sufficiency, including theincreased purchase and use of Hawaii-grown food andfood products by residents, businesses, and governmentalbodies as defined under section 103D-104.• Adds to Priority Guidelines (HRS §226-103)• Encourage residents and visitors to support Hawaiisfarmers by purchasing locally grown food and foodproducts.
  • Act85, SB1171SD1 HD2RELATING TO THEREVIEW OF HISTORICPRESERVATIONPROJECTS.• Amends HRS Chapter 6E (HistoricPreservation) to allow the phasedreview of certain projects by SHPD• Ensures consistency between state andfederal law• "Programmatic agreement" means adocument that sets forth the terms of aformal, legally binding agreement andestablishes a process forconsultation, review, and compliancewith federal laws.• When Can Phased Review Be Used?• The proposed project consists of corridorsor large land areas;• Access to properties is restricted; or• Circumstances dictate that construction bedone in stages.
  • Act86, SB1207HD2 CD1RELATING TOTRANSPORTATION.• Adds Exemption to HRS Chapter 266 relatedto Harbors• “Exemption from conservation districtpermitting and site plan approvalrequirements. Notwithstanding any law to thecontrary, all work involving submerged lands usedfor state commercial harbor purposes shall beexempt from any permitting and site plan approvalrequirements established for lands in aconservation district.”• DOT Harbor Jurisdiction• “. . . commercial harbors and roadsteads, and allcommercial harbor and waterfront improvementsbelonging to or controlled by the State, and allvessels and shipping within the commercialharbors and roadsteads shall be under the care andcontrol of the department of transportation.” SeeHRS §266-1.• Conservation District, HRS Chapter 183C• Purpose: “. . . to conserve, protect, and preserve theimportant natural resources of the State throughappropriate management and use to promote theirlong-term sustainability and the publichealth, safety and welfare.” See HRS §183C-1.
  • HB17 HD1SD2RELATING TO COASTALAREAS.• Permanent extension of Act160, Session Laws of Hawaii 2010• Ensures public lateral access alongthe shoreline by making permanentthe requirement that landownersremove human-induced, enhanced, orunmaintained vegetationinterfering with such access• Maintains DLNRs enforcementduty to maintain such access• Originally passed in response toDiamond v. State, Board of Land andNatural Resources, 112 Haw. 161(2006).
  • HB635 HD2SD1 CD1RELATING TOBROADBAND.• Amends HRS Chapters 27 (StateFunctions and Responsibilities) and46 (County Organization andAdministration)• Broadband-related permitapplications will be deemedapproved unless• The State and counties take action withinsixty days (60)• The State takes action within onehundred forty-five (145) days reconservation district use permits• Application must be complete. Ifincomplete, agency must notifyapplicant within ten (10) days of“submittal”
  • SB305 SD1HD1 CD1RELATING TODEVELOPMENT OFPUBLIC HOUSING.• Amends HRS 356D-11 (Hawaii PublicHousing Authority)• “HPHA efforts focus on developing affordablerental and supportive housing, publichousing and the efficient and fair delivery ofhousing services to the people of Hawaii.”Seehttp://www.hcdch.hawaii.gov.• Bill Allows Authority to• develop commercial and industrial properties andsell or lease other properties• if it determines that the uses will be an integralpart of the public housing development or a benefitto the community in which the properties aresituated.• The Authority may designate any portions ofthe public housing development forcommercial, industrial, or other use• Net proceeds of all sales or leases, less coststo the authority, shall be deposited in thepublic housing revolving fund
  • SB454 SD1HD1RELATING TO WATERCONSERVATION.• Purpose: To encourage thewidespread reuse of gray water toirrigate lawns and gardens.• Amends HRS Chapter 342D (WaterPollution)• "Gray water" means• any untreated wastewater that has notcome into contact with toilet waste• used water from bathtubs, showers, andbathroom wash basins and water fromclothes washers and laundry tubs• Authorizes DOH to allow expandeduses of grey water
  • Legislative Trends• Exemptions vs. Streamlining• State vs. Federal Permitting• Agriculture and Food Security• Climate Change Adaptation• Erosion of Administrative Law• Impact of Recent Decisions• It Pays to Litigate: Kaleikini v. Yoshioka, HSCT awarded plaintiffs$41,192.00 in attorneys fees and $343.00 in costs• Public Trust is a State Constitutional Requirement: Kauai Springs v.Planning Commission of the County of Kauai, ICA says decision-makersmust make appropriate assessments and require reasonable measuresto protect public trust pursuant to Article XI, section 1 of the HawaiiConstitution
  • Sources & Contact InformationOffice of PlanningWeb: http://planning.hawaii.govFB: https://www.facebook.com/OfficeofPlanning.HIgovTwitter: https://twitter.com/PlanningHIgov2013 Legislative Reports and Listshttp://www.capitol.hawaii.gov/advreports/main.aspxHawaii Land Use Law and Policyhttp://hilanduse.blogspot.com