Bill Text: HI SB350 | 2019 | Regular Session | Introduced

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Bill Title: Relating To Housing.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2019-02-08 - The committee on AEN deferred the measure. [SB350 Detail]

Download: Hawaii-2019-SB350-Introduced.html

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THE SENATE	S.B. NO.	350
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to housing.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§206E-    Kakaako community development district housing development projects; programmatic environmental impact statement.  (a)  The authority may prepare a programmatic environmental impact statement for housing development projects within the Kakaako community development district established pursuant to section 206E-32 for maximum allowable use of district land.

     (b)  The authority shall submit the programmatic environmental impact statement to the office of environmental quality control.

     Acceptance of a programmatic environmental impact statement by the office of environmental quality control shall be a condition precedent to implementation of any proposed housing development project within the Kakaako community development district.

     (c)  Once the programmatic environmental impact statement has been accepted by the office of environmental quality control, the programmatic environmental impact statement shall satisfy the requirements of chapter 343 for any housing development project approved by the authority within the Kakaako community development district.

     (d)  The authority shall adopt rules pursuant to chapter 91 for the purposes of this section.

     (e)  As used in this section:

     "Environmental impact statement" shall have the same meaning as in section 343-2.

     "Housing development project" means the planning, financing, and acquisition of real and personal property; demolition of existing structures and clearance of real property; construction, reconstruction, alteration, or repairing of approaches, streets, sidewalks, utilities, and services, or other site improvements; construction, reconstruction, repair, remodeling, extension, equipment, or furnishing of buildings or other structures; or any combination of the foregoing, of any housing units reserved for rental or ownership by residents or families with incomes no greater than one hundred forty per cent of the area median income."

     SECTION 2.  Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise provided, an environmental assessment shall be required for actions that:

     (1)  Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205-2(d)(11) or 205-4.5(a)(13) shall only be required pursuant to section 205-5(b);

     (2)  Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

     (3)  Propose any use within a shoreline area as defined in section 205A-41;

     (4)  Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

     (5)  Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

     (6)  Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

     (7)  Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

     (8)  Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

          (A)  Any land classified as a conservation district by the state land use commission under chapter 205;

          (B)  A shoreline area as defined in section 205A-41; or

          (C)  Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; and

     (9)  Propose any:

          (A)  Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

          (B)  Waste-to-energy facility;

          (C)  Landfill;

          (D)  Oil refinery; or

          (E)  Power-generating facility[.];

provided that for any action that proposes any housing development project within the Kakaako community development district established pursuant to section 206E-32, neither the environmental assessment nor the environmental impact statement pursuant to this section shall be required.  Instead, the process established under section 206E-    shall be used to assess the potential environmental impacts of the housing project development through a programmatic environmental impact statement."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Affordable Housing; Hawaii Community Development Authority; Office of Environmental Quality Control; Kakaako Community Development District; Programmatic Environmental Impact Statement

 

Description:

Authorizes the Hawaii community development authority to prepare a programmatic environmental impact statement for housing development projects on all lands within the Kakaako community development district.  Allows the programmatic environmental impact statement, once it is accepted by the office of environmental quality control, to satisfy the environmental assessment and impact statement requirements for any housing development project within the Kakaako community development district.

 

 

 

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