HOUSE OF REPRESENTATIVES

H.B. NO.

555

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to economic development.

 

 

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

 


     SECTION 1.  The legislature finds that urban sprawl should be curtailed by requiring state agencies involved in public infrastructure projects to ensure that such projects meet smart growth criteria.  An investment in smart, sustainable growth is an investment in the long-term fiscal, economic, and environmental sustainability of the State.

     SECTION 2.  Chapter 226, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  State Smart Growth Infrastructure Policy

     §226-A  Definitions.  As used in this part:

     "Municipal centers" means:

     (1)  Areas of concentrated and mixed land uses that serve as centers for various activities, including but not limited to:  central business districts; main streets; downtown areas; brownfield opportunity areas; downtown areas; local waterfront revitalization program areas; transit-oriented development areas; environmental justice areas; and hardship areas; and

     (2)  Areas adjacent to the areas described or listed in paragraph (1) that:  have clearly defined borders; are designated for concentrated development in the future in a municipal or regional comprehensive plan; and exhibit strong land use, transportation, infrastructure, and economic connections to a municipal center or areas designated in a municipal or comprehensive plan and appropriately zoned in a municipal zoning ordinance as a future municipal center.

     "State infrastructure agency" means the department of transportation, the department of education, the department of health, the department of accounting and general services, the University of Hawaii, the Hawaii public housing authority, and the department of land and natural resources.

     §226-B  State smart growth public infrastructure policy.  It is the purpose of this part to augment the State's environmental policy by declaring a fiscally prudent state policy that:  maximizes the social, economic, and environmental benefits of public infrastructure development; minimizes the unnecessary costs of urban sprawl, including environmental degradation, disinvestments in urban and suburban communities, and loss of open space; and restricts funding and development of public infrastructure inconsistent with smart growth.

     §226-C  State smart growth public infrastructure requirements; criteria.  (a)  In addition to meeting any other criteria and requirements governing the approval, development, financing, and provision of state assistance for new or expanded public infrastructure or the reconstruction thereof, no state infrastructure agency shall approve, undertake, support, or finance a public infrastructure project, including providing grants, awards, loans, or assistance programs, unless, to the extent practicable, the public infrastructure project meets the criteria specified in subsection (b).

     (b)  State smart growth public infrastructure criteria includes:

     (1)  The advancement of projects for the use, maintenance, or improvement of existing infrastructure;

     (2)  The advancement of projects located in municipal centers;

     (3)  The advancement of projects in developed areas or areas designated for concentrated infill development in a municipally approved comprehensive land use plan, local waterfront revitalization plan, or brownfield opportunity area plan;

     (4)  The protection, preservation, and enhancement of the State's resources, including agricultural land; forests; surface and groundwater; air quality; recreation and open spaces; scenic areas; and significant historic and archeological resources;

     (5)  The fostering of mixed land uses and compact development; downtown revitalization; brownfield redevelopment; enhancement of beauty in public spaces; diversity and affordability of housing in proximity to places of employment; and recreation and commercial development;

     (6)  Increased transportation choices, including improved public transportation and reduced automobile dependency;

     (7)  Coordination between state and local government and inter-municipal and regional planning;

     (8)  Community-based planning and collaboration;

     (9)  Predictability in building and land use codes; and

    (10)  Promotion of sustainability by:  strengthening existing communities and creating new communities that reduce greenhouse gas emissions and do not compromise the needs of future generations; encouraging broad-based public involvement in developing and implementing a community plan; and ensuring an adequate governance structure.

     §226-D  Smart growth impact statement.  Before making any commitment, entering into any agreement, or incurring any indebtedness for the purpose of acquiring, constructing, or financing any public infrastructure project, the chief executive officer of each state infrastructure agency shall attest in a written smart growth impact statement that the project, to the extent practicable, meets the criteria set forth in section 226‑C(b).  To the extent the project does not meet the criteria set forth in section 226-C(b) or compliance is considered to be impracticable, the chief executive officer shall state in a written statement of justification the reasons why the project does not meet the criteria set forth in section 226-C(b) or why compliance is considered to be impracticable.

     §226-E  Federal law; infrastructure.  Nothing in this part shall contravene any federal law governing the expenditure or disbursement of federal funds administered by the State.

     §226-F  Smart growth advisory committees.  The chief executive officer of each state infrastructure agency shall create a smart growth advisory committee to advise the agency regarding the agency's policies, programs, projects, and compliance with state smart growth public infrastructure criteria.  The committees shall consist of appropriate agency personnel designated by the chief executive officer to conduct the analysis required by section 226-D.  The committees shall solicit input from and consult with various representatives of affected communities and organizations within those communities, and shall give consideration to the local and environmental interests affected by any public infrastructure projects planned, approved, or financed through the agency.

     §226-G  No private right of action.  Nothing contained in this part shall be construed to create a private right of action against the State or a state infrastructure agency."

     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.  In codifying the new sections added by section 2 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.  This Act shall take effect on July 1, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Infrastructure; Smart Growth

 

Description:

Establishes the state smart growth public infrastructure policy.  Requires state agencies involved in the planning, development, and financing of public infrastructure to consider smart growth criteria prior to approving or financing any public infrastructure projects.  Requires the executive officers of each state agency involved in the planning, development, and financing of public infrastructure projects to attest that a project meets the smart growth criteria or prepare a statement of justification.  Requires each state agency involved in the planning, development, and financing of public infrastructure to create a smart growth advisory committee.  Precludes any private right of action.  Takes effect on July 1, 2014.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.