HOUSE OF REPRESENTATIVES

H.B. NO.

2547

TWENTY-NINTH LEGISLATURE, 2018

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SUSTAINABILITY.

 

 

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

 


     SECTION 1.  The legislature finds that not only is climate change real and occurring, but it is also the overriding challenge of the twenty-first century and one of the priority issues of the State.  Climate change poses immediate and long-term threats to the State's economy, sustainability, security, and way of life.

     The legislature recognized in Act 8, Special Session Laws of Hawaii 2005, amended by Act 210, Session Laws of Hawaii 2006, that "many quality-of-life issues, including water quality, air quality, land use, energy, and ocean resources, are important to the people of Hawaii and should be the focus for planning Hawaii's future" and created the Hawaii 2050 task force and the Hawaii 2050 sustainability plan to "coordinate the actions needed to sustain a growing and vibrant economy, while maintaining a high quality of life for all residents and visitors."

     The legislature recognized in Act 181, Session Laws of Hawaii 2011, that the "creation of the Hawaii 2050 sustainability plan comes as the State faces a growing number of pressing issues, including the steady deterioration of public infrastructure, the lack of affordable housing, a continued reliance on a service-based economy, the vulnerability of Hawaii in a volatile global energy market, possible interruptions in travel and to critical food supplies, threats to fragile island ecosystems, ever-increasing numbers of residents, and an increasing number of visitors over the long-term.  These issues all raise questions about the long-term limits of growth in the State and highlight the need to begin planning and acting to assure Hawaii's future."

     The legislature notes that the office of planning is administratively attached to the department of business, economic development, and tourism and was established to:

     (1)  Fix responsibility and accountability to successfully carry out statewide planning programs, policies, and priorities;

     (2)  Improve the efficiency and effectiveness of the operations of the executive branch; and

     (3)  Ensure comprehensive planning and coordination to enhance the quality of life of the people of Hawaii.

Accordingly, the office of planning is responsible for providing technical assistance in administering the Hawaii state plan under chapter 226, Hawaii Revised Statutes, and assisting the State in pursuing the seven major areas of statewide concern, including sustainability, to improve the quality of life for Hawaii's present and future populations.  Thus, the office of planning includes a sustainability coordinator who is responsible for establishing statewide sustainability planning and implementing the State's sustainability goals and policies.  However, the legislature further notes that the sustainability coordinator is the only individual in the office who is responsible for sustainability issues and operates without a budget to pursue sustainability initiatives.  Given the importance of sustainability for Hawaii, the legislature believes that the office of planning should incorporate a greater focus on sustainability into the office of planning's duties and responsibilities.

     The purpose of this Act is to establish a stronger policy framework for Hawaii's sustainability efforts by incorporating sustainability into the duties and responsibilities of the office of planning to ensure long-term planning, coordination, and implementation of Hawaii's sustainability goals and policies.

     SECTION 2.  Chapter 225M, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"CHAPTER 225M

STATE PLANNING AND SUSTAINABILITY"

     SECTION 3.  Section 225M-1, Hawaii Revised Statutes, is amended to read as follows:

     "§225M-1  Purpose.  The purpose of this chapter is to establish an office of planning and sustainability to assist the governor and the director of business, economic development, and tourism in maintaining an overall framework to guide the development of the State through a continuous process of comprehensive, long-range, and strategic planning to meet the physical, economic, and social needs of Hawaii's people, and provide for the wise use of Hawaii's resources in a coordinated, efficient, and economical manner, including the conservation of those natural, environmental, recreational, scenic, historic, and other limited and irreplaceable resources [which] that are required for future generations.

     The establishment of an office of planning and sustainability in the department of business, economic development, and tourism, for administrative purposes, is intended to:

     (1)  Fix responsibility and accountability to successfully carry out statewide planning programs, policies, and priorities;

     (2)  Improve the efficiency and effectiveness of the operations of the executive branch;

     (3)  Ensure comprehensive planning and coordination to enhance the quality of life of the people of Hawaii[.]; and

     (4)  Implement sustainability principles and policies that increase economic development while developing and protecting resources in a manner that enables individuals to meet their current needs and ensures that future generations can also meet their needs, from the joint perspective of environmental, economic, and community objectives through collaboration and cooperation between the public and private sectors."

     SECTION 4.  Section 225M-2, Hawaii Revised Statutes, is amended to read as follows:

     "§225M-2  Office of planning[,] and sustainability; establishment; responsibilities.  (a)  There is established within the department of business, economic development, and tourism an office of planning[.] and sustainability.  The head of the office shall be known as the director of the office of planning[,] and sustainability, referred to in this chapter as director.  The director shall have: [training]

     (1)  Training in the field of urban or regional planning, public administration, or other related fields; [experience]

     (2)  Experience in programs or services related to governmental planning; and [experience]

     (3)  Experience in a supervisory, consultative, or administrative capacity.

The director shall be nominated by the governor and, by and with the advice and consent of the senate, appointed by the governor without regard to chapter 76, and shall be compensated at a salary level set by the governor.  The director shall be included in any benefit program generally applicable to the officers and employees of the State.  The director shall retain [such] staff as may be necessary for the purposes of this chapter, in conformity with chapter 76.  The director shall report to the director of business, economic development, and tourism and shall not be required to report directly to any other principal executive department.

     (b)  The office of planning and sustainability shall gather, analyze, and provide information to the governor to assist in the overall analysis and formulation of state policies and strategies to provide central direction and cohesion in the allocation of resources and effectuation of state activities and programs and effectively address current or emerging issues and opportunities.  More specifically, the office shall engage in the following activities:

     (1)  State comprehensive planning and program coordination.  Formulating and articulating comprehensive statewide goals, objectives, policies, and priorities, and coordinating their implementation through the statewide planning system established in part II of chapter 226;

     (2)  Strategic planning.  Identifying and analyzing significant issues, problems, and opportunities confronting the State, and formulating strategies and alternative courses of action in response to identified problems and opportunities by:

          (A)  Providing in-depth policy research, analysis, and recommendations on existing or potential areas of critical state concern;

          (B)  Examining and evaluating the effectiveness of state programs in implementing state policies and priorities;

          (C)  Monitoring through surveys, environmental scanning, and other techniques--current social, economic, and physical conditions and trends; and

          (D)  Developing, in collaboration with affected public or private agencies and organizations, implementation plans and schedules and, where appropriate, assisting in the mobilization of resources to meet identified needs;

     (3)  Planning coordination and cooperation.  Facilitating coordinated and cooperative planning and policy development and implementation activities among state agencies and between the state, county, and federal governments, by:

          (A)  Reviewing, assessing, and coordinating, as necessary, major plans, programs, projects, and regulatory activities existing or proposed by state and county agencies;

          (B)  Formulating mechanisms to simplify, streamline, or coordinate interagency development and regulatory processes; and

          (C)  Recognizing the presence of federal defense and security forces and agencies in the State as important state concerns;

     (4)  Statewide planning and geographic information system.  Collecting, integrating, analyzing, maintaining, and disseminating various forms of data and information, including geospatial data and information, to further effective state planning, policy analysis and development, and delivery of government services by:

          (A)  Collecting, assembling, organizing, evaluating, and classifying existing geospatial and non-geospatial data and performing necessary basic research, conversions, and integration to provide a common database for governmental planning and geospatial analyses by state agencies;

          (B)  Planning, coordinating, and maintaining a comprehensive, shared statewide planning and geographic information system and associated geospatial database.  The office shall be the lead agency responsible for coordinating the maintenance of the multi-agency, statewide planning and geographic information system and coordinating, collecting, integrating, and disseminating geospatial data sets that are used to support a variety of state agency applications and other spatial data analyses to enhance decision-making.  The office shall promote and encourage free and open data sharing among and between all government agencies.  To ensure the maintenance of a comprehensive, accurate, up-to-date geospatial data resource that can be drawn upon for decision-making related to essential public policy issues, such as land use planning, resource management, homeland security, and the overall health, safety, and well-being of Hawaii's citizens, and to avoid redundant data development efforts, state agencies shall provide to the shared system either their respective geospatial databases or, at a minimum, especially in cases of secure or confidential data sets that cannot be shared or must be restricted, metadata describing existing geospatial data.  In cases where agencies provide restricted data, the office of planning and sustainability shall ensure the security of that data; and

          (C)  Maintaining a centralized depository of state and national planning references;

     (5)  Land use planning.  Developing and presenting the position of the State in all boundary change petitions and proceedings before the land use commission, assisting state agencies in the development and submittal of petitions for land use district boundary amendments, and conducting periodic reviews of the classification and districting of all lands in the State, as specified in chapter 205;

     (6)  Coastal and ocean policy management.  Carrying out the lead agency responsibilities for the Hawaii coastal zone management program, as specified in chapter 205A.  Also, developing and maintaining an ocean and coastal resources information, planning, and management system further developing and coordinating implementation of the ocean resources management plan, and formulating ocean policies with respect to the exclusive economic zone, coral reefs, and national marine sanctuaries;

     (7)  Regional planning and studies.  Conducting plans and studies to determine:

          (A)  The capability of various regions within the State to support projected increases in [both] resident populations and visitors;

          (B)  The potential physical, social, economic, and environmental impact on these regions resulting from increases in [both] resident populations and visitors;

          (C)  The maximum annual visitor carrying capacity for the State by region, county, and island; and

          (D)  The appropriate guidance and management of selected regions and areas of statewide critical concern.

          The studies in subparagraphs (A) to (C) shall be conducted at appropriate intervals, but [not] no less than once every five years;

     (8)  Regional, national, and international planning.  Participating in and ensuring that state plans, policies, and objectives are consistent, to the extent practicable, with regional, national, and international planning efforts;

     (9)  Climate adaptation planning.  Conducting plans and studies and preparing reports as follows:

          (A)  Develop, monitor, and evaluate strategic climate adaptation plans and actionable policy recommendations for the State and counties addressing expected statewide climate change impacts identified under Act 286, Session Laws of Hawaii 2012, through the year 2050;

          (B)  Provide planning and policy guidance and assistance to state and county agencies regarding climate change; and

          (C)  Publish its findings, recommendations, and progress reports on actions taken no later than December 31, 2017, and its annual report to the governor and the legislature thereafter; [and]

    (10)  Smart growth and transit-oriented development.  Acting as the lead agency to coordinate and advance smart growth and transit-oriented development planning within the State as follows:

          (A)  Identify transit-oriented development opportunities shared between state and county agencies, including relevant initiatives such as the department of health's healthy Hawaii initiative and the Hawaii clean energy initiative;

          (B)  Refine the definition of "transit-oriented development" in the context of Hawaii, while recognizing the potential for smart growth development patterns in all locations;

          (C)  Clarify state goals for transit-oriented development and smart growth that support the principles of the Hawaii State Planning Act by preserving non-urbanized land, improving worker access to jobs, and reducing fuel consumption;

          (D)  Target transit-oriented development areas for significant increase in affordable housing and rental units;

          (E)  Conduct outreach to state agencies to help educate state employees about the ways they can support and benefit from transit-oriented development and the State's smart growth goals;

          (F)  Publicize coordinated state efforts that support smart growth, walkable neighborhoods, and transit-oriented development;

          (G)  Review state land use decision-making processes to identify ways to make transit-oriented development a higher priority and facilitate better and more proactive leadership in creating walkable communities and employment districts, even if transit will only be provided at a later date; and

          (H)  Approve all state agencies' development plans for parcels along the rail transit corridor.  For the purposes of this subparagraph, "development plans" means conceptual land use plans that identify the location and planned uses within a defined area[.]; and

    (11)  Sustainability.  Acting as the lead agency to coordinate and advance the development and implementation of sustainability principles and policies among state agencies, the office of planning and sustainability shall:

          (A)  In conducting internal operations, assist state agencies to achieve the following objectives:

              (i)  State purchases shall be made in a manner that serves the broad, long-term financial interests of the State, including ensuring that environmental, economic, and societal improvements are made to enhance environmental, economic, and societal well-being;

             (ii)  Investments in facilities, equipment, and durable goods shall reflect the highest feasible efficiency and lowest life-cycle costs;

            (iii)  Investments and expenditures shall promote improvements in the efficient use of energy, water, and other resources;

             (iv)  State operations shall be situated in diverse locations, including rural and economically distressed communities;

              (v)  State operations and purchases shall help maintain vital and active urban communities, including downtown areas;

             (vi)  State purchases shall support opportunities for economically distressed communities and historically underemployed individuals;

            (vii)  State operations shall reflect partnerships with communities and businesses;

           (viii)  State operations shall help reduce adverse effects on native habitats and species and help restore ecological processes;

             (ix)  State operations shall be conducted using methods that significantly increase the efficient use of energy, water, and other resources; and

              (x)  State operations and purchases shall reflect the efficient use and reuse of resources and reduction of contaminants released into the environment;

          (B)  In supporting sustainable communities, assist and encourage local communities to achieve the following objectives:

              (i)  Resilient local economies that provide diverse economic opportunities for all residents;

             (ii)  Workers supported by lifelong education that will ensure a globally competitive workforce;

            (iii)  An independent and productive citizenry;

             (iv)  Youth supported by strong families and communities;

              (v)  Urban communities, including downtown areas, that are active and vital;

             (vi)  Development that wisely and efficiently uses infrastructure investments and natural resources;

            (vii)  Affordable housing available for residents in community centers;

           (viii)  Healthy urban and rural watersheds, including habitats for fish and wildlife;

             (ix)  Clean and sufficient water for all uses; and

              (x)  Efficient use and reuse of resources and minimization of harmful emissions into the environment;

          (C)  Assist state agencies in intensifying efforts to increase the economic stability of communities that are designated as economically distressed;

          (D)  Develop and promote policies and programs that assist in the meeting of sustainability goals established in this chapter and the priority guidelines and principles to promote sustainability set forth in section 226-108;

          (E)  Identify, evaluate, make recommendations regarding, and propose legislation, regulatory changes, or policy modifications to the governor, the legislature, government agencies, private entities, and other bodies for the purpose of encouraging activities that best sustain, protect, and enhance the quality of the environment, economy, and community for the present and future benefit of the people of Hawaii; and

          (F)  Develop and promote proposals that jointly and mutually enhance local economies, the environment, and community health for the present and future benefit of the people of Hawaii."

     SECTION 5.  Sections 4E-1, 6K-6, 195-6, 200D-2, 201-102, 205-4, 205-6, 205-18, 205-47, 205-48, 205-49, 205-50, 205A-1, 214-4, 223-2, 223-3, 225M-3, 225M-4, 225P-3, 226-2, 226-53, 226‑56, 226-59, 226-64, and 279A-4, Hawaii Revised Statutes, are amended by substituting the words "office of planning and sustainability" wherever the words "office of planning" appears, as the context requires.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on January 28, 2045.



 

Report Title:

Office of Planning and Sustainability; Sustainability Goals and Policies

 

Description:

Renames the office of planning as the office of planning and sustainability and incorporates sustainability into the duties and responsibilities of the office to ensure long-term planning, coordination, and implementation of Hawaii's sustainability goals and policies.  Takes effect on 1/28/2045.  (SD1)

 

 

 

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