Report Title:

Sustainable Communities

 

Description:

Establishes sustainable communities in Hawaii with the combined effort of state departments and agencies.  (SD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

257

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LAND USE.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii is a unique and beautiful State that is largely dependent on the importation of fuel, food, and supplies to sustain its economy and communities.  In 2005, the legislature enacted Act 8, Special Session Laws of Hawaii 2005, to establish the Hawaii 2050 sustainability task force.  The task force was established to review the Hawaii state plan and other fundamental components of community planning, and to develop a Hawaii 2050 sustainability plan to address the real, serious, and immediate problems the State faces today and recommend various solutions to preserve and maintain a healthy future for the State.

     Since then, the interest in the concept of sustainability has grown through the efforts of the task force, state and county departments and agencies, local businesses and community groups, and community engagement programs and projects.  Private industries and developers have introduced technology and concepts that can assist communities into becoming more sustainable and independent with minimal detrimental effects to the environment and the economy.  Sustainability has transformed from the conceptual stage to an actual lifestyle that can be achieved, but only through a comprehensive joint effort with the government and the community.

     The purpose of this Act is to establish a process by which developers of residential communities may elect to develop sustainable communities in the State and to provide incentives for doing so.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 13 to be appropriately designated and to read as follows:

"Chapter

sustainable communities

     §   -1  Sustainable communities; established; objectives.  (a)  To maintain and preserve a healthy quality of life and environment for Hawaii's future generations, the State, in a combined effort with all state departments and agencies, shall assist in the development and maintenance of sustainable communities that will:

     (1)  Generate their own energy onsite by utilizing alternative energy sources to fulfill a large percentage of their energy requirements, and become less reliant on imported fossil fuels;

     (2)  Implement extensive recycling programs for their solid waste management and avoid adding more waste to landfills, that can result in further pollution and other harmful affects to the environment;

     (3)  Implement an extensive wastewater recycling and treatment management system that will enable the communities to conserve water and protect waters in and around the State;

     (4)  Protect and preserve open space;

     (5)  Promote and encourage visitation to any nearby cultural or historic sites, public beaches, shores, trails, and other outdoor recreational areas by not restricting public access to these areas;

     (6)  Provide affordable housing units for residents to enable them to stay in Hawaii and provide shelter for their families; and

     (7)  Educate and promote awareness that sustainability is more than a concept, but a lifestyle that can be achieved and implemented in the daily lives of Hawaii residents.

     (b)  Any developer of a residential community with a development plan for fifty or more residential units for which general planning, development, and construction has commenced after December 31, 2007, shall have the option of developing the residential community in a manner that fulfills the criteria prescribed under this chapter.  If a developer elects to be subject to this chapter, the developer shall be able, upon approval, to engage in an expedited permit process under section    -3.

     §   -2  Applicability.  This chapter shall only apply to any residential community with a development plan for fifty or more residential units for which general planning, development, and construction has commenced after December 31, 2007, and for which the project developer has elected to be subject to this chapter and has notified the energy resources coordinator, in accordance with section    -3, to engage in the expedited permit process provided under this chapter.

     §   -3  Expedited permit process; notice and agreement.  To engage in the expedited permit process under this chapter for the development of a residential sustainable community for fifty of more residential units, a developer shall provide written notice that includes detailed project development plans to the energy resources coordinator.  The notification shall also include, in writing, a sustainability agreement executed between the energy resources coordinator and developer and shall include a statement of the developer's intent to comply with the sustainability requirements of this chapter.  The energy resources coordinator shall notify any applicable state departments and agencies to allow the project developer to participate in the expedited permit process upon any executed written development agreement that contains the sustainability agreement between the energy resources coordinator, on behalf of an ad hoc development advisory committee under section    -10, and the developer.

     §   -4  Community energy requirements.  (a)  Notwithstanding any provision under chapter 196 to the contrary, the energy resources coordinator shall advise and coordinate with other state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, to generate at least fifty per cent of all of its energy requirements for the entire community under development, including but not limited to residential homes and areas and services provided for and used by the entire community under development.

     (b)  The energy resources coordinator shall develop a plan for the developer's implementation that explores all types of energy resources, as defined under section 196-2, and determine which resources are the most feasible for the community under development to use to meet its energy needs and energy generating requirements under this section.

     (c)  The energy resources coordinator shall cooperate and coordinate with any state department or agency to expedite the application process for any permits relating to generating energy, and allow the state department or agency three hundred sixty days to review and decide on the permit application.  If the three hundred sixty-day time period has expired on a state permit application and no decision has been rendered, the permit shall be deemed approved.

     (d)  The energy resources coordinator shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

     §   -5  State department and agency cooperation and compliance; required.  Each state department and agency shall cooperate and comply with any request made pursuant to this chapter from the energy resources coordinator.  The department or agency shall prioritize the energy resources coordinator's request and expedite the processing thereof.

     §   -6  Community solid waste management requirements.  (a)  Notwithstanding any provision under chapter 342G to the contrary, the director of health shall advise and coordinate with other state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, to implement a comprehensive recycling program.  The purpose of the plan shall be to enable the community to divert at least seventy-five per cent of its solid waste from the landfills.

     (b)  The solid waste management plan shall include provisions for recycling, bioconversion, and composting, including recycling provisions for building or structure demolition.  The plan shall also provide safety measures for the proper disposal and treatment of hazardous waste or materials with hazardous components under chapter 342J.  The director of health shall explore all types of recycling programs and determine which programs are the most feasible for the community under development to implement and fulfill its solid waste management requirements under this section.

     (c)  Notwithstanding any provision relating to permits under chapter 342H or any other applicable chapter to the contrary, the department of health shall expedite the application process for any permit application from a developer of a residential community that has agreed to be subject to this chapter and have three hundred sixty days to review and decide on the permit application.  If the three hundred sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.

     (d)  The director of health shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

     §   -7  Community wastewater treatment and recycling.  (a)  Notwithstanding any provision under chapter 342D to the contrary, the director of health shall advise and coordinate with other state departments and agencies and a developer who has agreed to be subject to this chapter to develop a plan on a case-by-case basis that will enable a residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, to implement a wastewater treatment and recycling plan.

     (b)  The purpose of the plan is to enable the community under development to treat and recycle all of its wastewater for landscaping water requirements onsite of the community and any agricultural water irrigation requirements offsite of the community.  The plan shall also provide safety measures for the proper treatment and disposal of wastewater, that may contain hazardous materials under chapter 342J.  The director of health shall explore all types of wastewater treatment and recycling programs, and determine which programs are the most feasible for the community under development to fulfill its wastewater treatment and recycling requirements under this section.

     (c)  Notwithstanding any provision relating to permits under chapter 342D or any other applicable section to the contrary, the department of health shall expedite the application process for any permit application from a developer of a residential community who has agreed to be subject to this chapter and have three hundred sixty days to review and decide on the permit application.  If the three hundred sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.

     (d)  The director of health shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

     §   -8  Community land use and planning.  (a)  Notwithstanding any provision under chapter 205 to the contrary, the developer of any residential community in Hawaii for which general planning, development, and construction has commenced after December 31, 2007, and who has agreed to be subject to this chapter shall coordinate with the land use commission and shall cooperate and coordinate with other state departments and agencies to develop a residential community land use plan that is in compliance with this chapter.

     (b)  The development plan for the residential community shall include but not be limited to:

     (1)  A designation of at least fifty per cent of the entire tract of land for the residential community for open space; provided that:

         (A)  Open space shall not include areas designated for golf courses; and

         (B)  Open space shall include the shoreline, if the planned community abuts and includes shoreline space.

     (2)  A development design that is accessible by the public and shall not be designed to be a gated community; and

     (3)  An accommodation for free and open access to any nearby cultural or historic sites, public beaches, shore, parks, trails, or other public recreational areas.

     (c)  The land use commission may amend any existing urban or rural land use designation of land on which the residential community is planned to be situated on to provide for the open space requirements under subsection (b) within three hundred sixty-days from the filing of the request to amend the land use designation.  If the three hundred sixty-day time period has expired and no decision has been rendered, the amendment to the land use designation shall be deemed approved.

     (d)  The land use commission shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

     §   -9  Community affordable units.  (a)  Notwithstanding any provision under chapter 201H to the contrary, the developer of a residential community in Hawaii for which the general planning, development, and construction has commenced after December 31, 2007, and who has agreed to be subject to this chapter shall cooperate and coordinate with the Hawaii housing finance and development corporation, as necessary, to develop and implement a residential housing plan that will designate and reserve at least forty per cent of all of its residential units within the planned community for affordable housing units.

     (b)  The Hawaii housing finance and development corporation shall coordinate with any state department or agency to expedite the application process for any permit application of a residential community that is subject to this chapter and relating to affordable residential unit development to allow any department or agency subject to the three hundred sixty-day permit processing time period imposed under this chapter to review and decide on a permit application.  If the three hundred sixty-day time period has expired on a permit application and no decision has been rendered, the permit shall be deemed approved.

     (c)  The Hawaii housing finance and development corporation shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.

     §   -10  Energy resources coordinator; ad hoc development advisory committee convenor.  (a)  The energy resources coordinator shall convene ad hoc development advisory committees to determine the feasibility of developing an integrated plan for a sustainable residential community on any proposed tract of land that fulfills the requirements under this chapter.  An advisory committee shall convene only when a residential community plan proposes to develop fifty or more residential units within the proposed community, the general planning, development, and construction has commenced after December 31, 2007, and the project developer has complied with section    ‑3.

     (b)  The members of an ad hoc development advisory committee shall consist of:

     (1)  The residential community developer;

     (2)  The energy resources coordinator;

     (3)  The director of planning from the county in which the development is planned for or the director's designee;

     (4)  The director of the office of planning or the director's designee;

     (5)  The director of health or the director's designee; and

     (6)  The executive director of the Hawaii housing finance and development corporation or the executive director's designee.

The energy resources coordinator shall be the chairperson of the advisory committee.

     (c)  Any development requirements established and agreed upon between the energy resources coordinator, on behalf of an ad hoc development advisory committee and the developer shall be reduced in writing and shall be included in any executed development agreement.

     §   -11  Community association; established.  Within one year after the completion of development of a residential community that is subject to this chapter, the residents of the residential community shall establish a community association.  The community association shall serve in an administrative capacity and adopt rules and bylaws.

     §   -12  Failure to comply; penalty; enforcement.  (a)  The energy resources coordinator shall monitor the compliance of any developer or residential community that is subject to this chapter.

     (b)  If, up until one year after the completion of development of a residential community that is subject to this chapter, or at any point prior to completion, the energy resources coordinator determines that a developer is not in compliance with this chapter, the energy resources coordinator may fine the developer for noncompliance and may require the developer to suspend development until the noncompliance has been remedied.

     (c)  If noncompliance with this chapter occurs one year after completion of the residential community that is subject to this chapter, or at any time subsequent to one year after the development of the community is completed, the energy resources coordinator may enforce the requirements of this chapter against the community's association.

     (d)  The energy resources coordinator shall establish fines and penalties for noncompliance with this chapter under rules adopted pursuant to chapter 91.

     §   -13  Energy resources coordinator.  For purposes of this chapter, the energy resources coordinator shall be the director of business, economic development, and tourism, as provided under section 196-3."

     SECTION 3.  This Act shall take effect on July 1, 2050, and shall be repealed on July 1, 2012.