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.

1. Measures that
Passed the 27th
Legislature and Will
Affect Hawaii's
Statewide Land Use
and Planning System
Natural Resources Section
Hawaii State Bar Association
Monthly Speaker Series
May 28, 2013
Presentation by
Jesse K. Souki, Director
Office of Planning
State of Hawaii

2. State
Office of
Planning
Hawaii Revised Statutes
Chapter 225M

3. Why was the Office created?
• Fix responsibility and accountability to successfully
carry out statewide planning programs, policies,
and priorities
• Improve the efficiency and effectiveness of the
operations of the executive branch
• Ensure comprehensive planning and coordination
to enhance the quality of life of the people of Hawaii
Source: HRS §225M-1.

4. Why Plan?
• Meet the physical, economic, and social needs of
Hawaii's people
• Provide for the wise use of Hawaii's resources in a
coordinated, efficient, and economical manner
• Conserve natural, environmental, recreational,
scenic, historic, and other limited and irreplaceable
resources which are required for future generations
Source: HRS §225M-1.

5. What does OP do?
1. State comprehensive planning and program
coordination
2. Strategic planning
3. Planning coordination and cooperation
4. Statewide planning and geographic information
system (GIS)
5. Land use planning
6. Coastal and ocean policy management
7. Regional planning and studies
8. Regional, national, and international planning
Source: HRS §225M-2.

6. Regulatory Activities
• Some SMA Approvals.Reviewing and issuing of
special management area permits for projects
within the Hawaii community development districts
• CZM Determinations. Reviewing and issuing of
Coastal Zone Management (CZM) Act federal
consistency determinations for certain federal
actions and activities
• LUC Recommendations. Developing and
presenting the position of the State in all boundary
change petitions and proceedings before the Land
Use Commission
Source: HRS Chapters 205, 205A, and 225M.

7. Key
Policies
that Guide
OP
•Hawaii State Planning
Act
•State Land Use Law
•Coastal Zone
Management Act

8. Hawaii
State
Planning
Act
Hawaii Revised Statutes
Chapter 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 determining
priorities and allocating limited
resources, 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 regulatory
activities
• Establishes a system for plan
formulation and program coordination
to provide for an integration of all
major state, and county activities

9. A STATEWIDE PLANNING SYSTEM
Part I: Overall Theme, Goals, Objectives and Policies
Population
Economy
Physical
environment
Facility systems
Socio-cultural
advancement
Part III: Priority Guidelines
Economic
Population Growth
Crime and criminal
justice
Affordable housing
Education
Sustainability
Climate Change
Adaptation
Part II: Statewide planning system
Functional plans
•Define and implement Parts
I and II
•Identify priority issues
•Implementing actions
County general plans
•Desired population
•Physical development
patterns
•Further define Parts I and II
State programs
•State budget
•Land Use Commission
•Board of Land and Natural
Resources

10. State Land
Use Law
Hawaii Revised Statutes
Chapter 205
• Purpose
• “preserve, protect and encourage the
development of the lands in the State for
those uses to which they are best suited
for the public welfare[.]” See L. 1961, c
187, § 1.
• Implementation Mechanisms
• 5-Year Boundary Review
• District Boundary Amendments
• Important Agricultural Lands
Designation
• State Special Use Permits

11. State Land Use Classifications
1969
U
3%
C
49%
A
48%
R
0%
2011
U
5%
C
48%
A
47%
R
0%

14. Coastal Zone
Management
Act
Hawaii Revised Statutes
Chapter 205A
• Purpose
• “provide for the effective
management, beneficial
use, protection, and development of the
coastal zone.” SeeL. 1977, c 188, § 1.
• Implementing Mechanisms
• Special Management Area Permits
• Federal Consistency
• Comprehensive Planning and
Coordination

15. Special Management Areas

16. Measures that Passed the 27th Legislature
That Affect Hawaii Land Use & Planning Laws

17. 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 after
adjournment sine die)
• July 9, 2013: Veto deadline (45th day after adjournment sine
die)
• The legislature passed 293 bills.
• As of May 24, 2013, the Governor signed 86 bills into
law
• The Governor has 207 bills before him for
consideration

18. Act
12, SB479
SD2
RELATING TO THE
MEMBERSHIP OF A
METROPOLITAN PLANNING
ORGANIZATION.
• Updates the membership of the
Metropolitan Planning Organization
policy committee
• Add 14th Member:
• “One member who shall be the director of
the authority for rapid or mass
transportation, or a successor agency
thereof, that operates public
transportation on that island.” See HRS
§279E-3.
• Oahu MPO – required for federal
funding
• July 6, 2012, P.L. 112-141, Moving
Ahead for Progress in the21st Century
Act (MAP-21)
• MPO’s must include, “representation by
providers of public transportation.”

19. Act
38, HB1133
SD2
RELATING TO PUBLIC
LAND.
• Repeals HRS Chapter 171C, relating to
the Public Land Development
Corporation
• Transfers PLDC assets to the DLNR
• Purpose: “. . . to create a vehicle and
process to make optimal use of public
land for the
economic, environmental, and social
benefit of the people of Hawaii.”
• Reason for Repeal
• “achieving this goal requires a greater
respect for existing laws and procedures
and greater assurance”
• “county councils of Kauai and Maui have
adopted resolutions urging the legislature
to abolish”

20. Act
55, SB327
SD1 HD1
RELATING TO
AGRICULTURE.
• Amends the Hawaii State Planning Act (HRS
Chapter 226)
• Purpose: To specifically support the purchase and
consumption of locally grown food and food
products.
• Adds to Objectives and Policies (HRS §226-7)
• Strengthen diversified agriculture by developing an
effective promotion, marketing, and distribution system
between Hawaii's food producers and consumers in the
State, nation, and world.
• In addition to the State's priority on food, expand
Hawaii's agricultural base by promoting growth and
development of flowers, tropical fruits and
plants, livestock, feed grains, forestry, food
crops, aquaculture, and other potential enterprises.
• Promote economically competitive activities that increase
Hawaii's agricultural self-sufficiency, including the
increased purchase and use of Hawaii-grown food and
food products by residents, businesses, and governmental
bodies as defined under section 103D-104.
• Adds to Priority Guidelines (HRS §226-103)
• Encourage residents and visitors to support Hawaii's
farmers by purchasing locally grown food and food
products.

21. Act
85, SB1171
SD1 HD2
RELATING TO THE
REVIEW OF HISTORIC
PRESERVATION
PROJECTS.
• Amends HRS Chapter 6E (Historic
Preservation) to allow the phased
review of certain projects by SHPD
• Ensures consistency between state and
federal law
• "Programmatic agreement" means a
document that sets forth the terms of a
formal, legally binding agreement and
establishes a process for
consultation, review, and compliance
with federal laws.
• When Can Phased Review Be Used?
• The proposed project consists of corridors
or large land areas;
• Access to properties is restricted; or
• Circumstances dictate that construction be
done in stages.

22. Act
86, SB1207
HD2 CD1
RELATING TO
TRANSPORTATION.
• Adds Exemption to HRS Chapter 266 related
to Harbors
• “Exemption from conservation district
permitting and site plan approval
requirements. Notwithstanding any law to the
contrary, all work involving submerged lands used
for state commercial harbor purposes shall be
exempt from any permitting and site plan approval
requirements established for lands in a
conservation district.”
• DOT Harbor Jurisdiction
• “. . . commercial harbors and roadsteads, and all
commercial harbor and waterfront improvements
belonging to or controlled by the State, and all
vessels and shipping within the commercial
harbors and roadsteads shall be under the care and
control of the department of transportation.” See
HRS §266-1.
• Conservation District, HRS Chapter 183C
• Purpose: “. . . to conserve, protect, and preserve the
important natural resources of the State through
appropriate management and use to promote their
long-term sustainability and the public
health, safety and welfare.” See HRS §183C-1.

23. HB17 HD1
SD2
RELATING TO COASTAL
AREAS.
• Permanent extension of Act
160, Session Laws of Hawaii 2010
• Ensures public lateral access along
the shoreline by making permanent
the requirement that landowners
remove human-
induced, enhanced, or
unmaintained vegetation
interfering with such access
• Maintains DLNR's enforcement
duty to maintain such access
• Originally passed in response to
Diamond v. State, Board of Land and
Natural Resources, 112 Haw. 161
(2006).

24. HB635 HD2
SD1 CD1
RELATING TO
BROADBAND.
• Amends HRS Chapters 27 (State
Functions and Responsibilities) and
46 (County Organization and
Administration)
• Broadband-related permit
applications will be deemed
approved unless
• The State and counties take action within
sixty days (60)
• The State takes action within one
hundred forty-five (145) days re
conservation district use permits
• Application must be complete. If
incomplete, agency must notify
applicant within ten (10) days of
“submittal”

25. SB305 SD1
HD1 CD1
RELATING TO
DEVELOPMENT OF
PUBLIC HOUSING.
• Amends HRS 356D-11 (Hawaii Public
Housing Authority)
• “HPHA efforts focus on developing affordable
rental and supportive housing, public
housing and the efficient and fair delivery of
housing services to the people of Hawaii.”
Seehttp://www.hcdch.hawaii.gov.
• Bill Allows Authority to
• develop commercial and industrial properties and
sell or lease other properties
• if it determines that the uses will be an integral
part of the public housing development or a benefit
to the community in which the properties are
situated.
• The Authority may designate any portions of
the public housing development for
commercial, industrial, or other use
• Net proceeds of all sales or leases, less costs
to the authority, shall be deposited in the
public housing revolving fund

26. SB454 SD1
HD1
RELATING TO WATER
CONSERVATION.
• Purpose: To encourage the
widespread reuse of gray water to
irrigate lawns and gardens.
• Amends HRS Chapter 342D (Water
Pollution)
• "Gray water" means
• any untreated wastewater that has not
come into contact with toilet waste
• used water from bathtubs, showers, and
bathroom wash basins and water from
clothes washers and laundry tubs
• Authorizes DOH to allow expanded
uses of grey water

27. 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 attorney's 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-makers
must make appropriate assessments and require reasonable measures
to protect public trust pursuant to Article XI, section 1 of the Hawaii
Constitution

28. Sources & Contact Information
Office of Planning
Web: http://planning.hawaii.gov
FB: https://www.facebook.com/OfficeofPlanning.HIgov
Twitter: https://twitter.com/PlanningHIgov
2013 Legislative Reports and Lists
http://www.capitol.hawaii.gov/advreports/main.aspx
Hawaii Land Use Law and Policy
http://hilanduse.blogspot.com