Bill Text: HI SB2948 | 2024 | Regular Session | Introduced
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-04-23 - Received notice of appointment of House conferees (Hse. Com. No. 803). [SB2948 Detail]
Download: Hawaii-2024-SB2948-Introduced.html
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THE SENATE |
S.B. NO. |
2948 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that Hawaii needs to increase its housing supply
to meet local demand for housing, mitigate housing cost increases, and prevent
displacement of residents and homelessness.
Hawaii has the highest housing costs in the nation, and a substantial
body of research shows that high housing costs are the result of regulatory
restrictions on the ability to build homes to keep up with demand. Strict separation of land uses, such as
allowing only commercial uses in certain areas, is one such regulatory restriction.
The legislature further finds that much-needed
housing is particularly appropriate in areas zoned for commercial use. Allowing mixed commercial and residential
uses creates vibrant neighborhoods by allowing residents to live near
businesses and employers. Furthermore, it
reduces the need for long commutes, decreases traffic congestion, and lowers carbon
emissions. The legislature believes that
adapting commercial buildings to residential use preserves Hawaii's natural
beauty and agricultural land by allowing housing in developed commercial areas
rather than on undeveloped land. The
legislature notes that infrastructure for this type of infill construction is
more cost-effective, requiring less upfront infrastructure and reducing costs
for the ongoing delivery of services.
Therefore, the purpose of this Act is to
allow:
(1) Homes in areas zoned for commercial use, with certain exceptions; and
(2) Adaptive reuse of commercial buildings for residential purposes.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§46-A Residential
development; areas zoned for commercial use; administrative approval. Notwithstanding
any law to the contrary, residential uses in any area zoned under this chapter
for commercial use shall be considered permitted; provided that:
(1) Such
residential use may be limited by ordinance to floors above the ground floor of
a building or structure and conform to prescribed development standards; and
(2) This section
shall not apply to any areas zoned under chapter 206E.
§46-B Adaptive reuse; commercial buildings. (a) Each county shall adopt ordinances that allow
for adaptive reuse of existing commercial buildings in the county's building
code.
(b)
Notwithstanding any law, ordinance, or building code or standard to the
contrary, each adaptive reuse building code ordinance shall:
(1) Allow for the
construction of micro units with a minimum size of two hundred twenty square
feet;
(2) Allow for adaptive
reuse to meet the interior environment requirements of the International
Building Code; and
(3) Provide for an
exemption to any requirements regarding additional off-street parking or park
dedication; provided that the building's floor area, height, and setbacks do
not change as a result of adaptive reuse.
(c) Each county shall adopt or amend its
ordinances to implement this section no later than January 1, 2026.
(d) As
used in this section, "adaptive reuse" means the repurposing of existing
buildings or structures in whole or in part for residential purposes. "Adaptive reuse" includes
retrofitting and repurposing of existing buildings or structures that create
new residential units. "Adaptive
reuse" does not include the rehabilitation of any construction affecting
existing residential units that are or have been recently occupied."
SECTION 3. Section 107-26, Hawaii Revised Statutes, is amended to read as follows:
"§107-26 Hawaii state building codes; prohibitions. In adopting the Hawaii state building codes, the council shall not adopt provisions that:
(1) Relate to
administrative, permitting, or enforcement and inspection procedures of each
county; [or]
(2) Conflict with
chapters 444 and 464[.]; or
(3) Conflict with
section 46-B."
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2026.
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INTRODUCED BY: |
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Report Title:
Residential Development; Areas Zoned for Commercial Use; Administrative Approval; Counties; Building Codes; Adaptive Reuse; Commercial Buildings
Description:
Allows residential uses in areas zoned for commercial to be considered permitted as long as the residential use is limited by ordinance to floors above the ground floor of a building or structure and development standards are met, but exempts areas zoned under chapter 206E, HRS, relating to the Hawaii Community Development Authority. Requires each county to adopt ordinances that allow for adaptive reuse of existing commercial buildings in the county's building codes. Effective 1/1/2026.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
