SB1473 HD1

Report Title:

Planning

Description:

Establishes a special advisor and smart growth advisory council to implement growth and development strategies to reduce the public costs of growth and preserve the character, livability, and economic productivity of established communities and rural areas. (SB1473 HD1)

THE SENATE	S.B. NO.	1473
TWENTY-FIRST LEGISLATURE, 2001		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

relating to planning.

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

SECTION 1. The legislature finds that state governments across the nation are implementing new conventional growth and development practices to reduce the public costs of growth and preserve the character and economic productivity of established communities and rural areas. Known as "Smart Growth" strategies, these strategies effectuate condensed development, patterns, the full use of existing systems, mixed-use, and human-scale communities. Additionally, they work to preserve productive farmlands, open space, important natural areas, and yield better solutions for roadways and housing.

Smart growth strategies are primarily successful when state government makes systematic changes consistent with how communities plan for and service development. The State of Maryland effectively uses smart growth strategies by ensuring state investments support its own smart growth objectives. Maryland advances this strategy by giving priority to state spending in existing communities or those designated or planned for growth.

The growth-related issues facing Hawaii are as follows:

(1) Aging;

(2) Failing infrastructure in older communities;

(3) Lack of regional infrastructure and support services in areas experiencing growth;

(4) Lack of coordination between state and county capital improvement programs;

(5) Increasing pressure on agricultural lands for conversion to other uses and changing rural character;

(6) Growth in recreational use of the State's conservation and coastal resources;

(7) Insufficient funds and personnel to maintain and enhance these resource areas;

(8) Competing demands for water resources; and

(9) Limited public funds.

The legislature believes a sound initiative is needed to examine and effect changes to ensure that state government is promoting smart growth objectives in Hawaii.

The purpose of this Act is to establish a special advisor and smart growth council to assist the governor, legislature, and state agencies to ensure state investments and state actions support smart growth objectives, thereby establishing a smart growth program for the State of Hawaii.

SECTION 2. The Hawaii Revised Statutes is amended by adding two new sections to be appropriately designated and to read as follows:

"§ - Special advisor for smart growth. (a) The legislature finds that state programs, actions, and investments have a significant influence on the pattern and quality of growth and development in Hawaii. State agency investments and actions need to be coordinated with those of the counties, private sector, and communities to ensure that Hawaii’s communities remain strong and our agricultural and natural resource areas are protected.

(b) There is established a special advisor for smart growth and the director of planning shall serve in that capacity. The special advisor's duties shall be in addition to the duties of the director under chapter 225M.

(c) The special advisor shall work with state agencies, the smart growth advisory council, county and federal agencies, the private sector, community organizations, and the public to establish smart growth objectives and strategies for the State.

(d) The special advisor shall:

(1) Develop, coordinate, and implement smart growth objectives and strategies for the State;

(2) Assist the state administration in integrating state investment strategies to support smart growth objectives;

(3) Assist the state administration in coordinating state plans and infrastructure and service investments with those of the counties, private sector, and communities;

(4) Foster partnerships with businesses and community groups to create and implement smart growth projects and programs;

(5) Develop and coordinate the implementation of legislative proposals and administrative policies, objectives, programs, and actions necessary to further smart growth objectives, such as:

(A) Improving development processes to increase predictability and certainty for communities and developers;

(B) Ensuring that development and infrastructure standards enhance community character and livability;

(D) Protecting important agricultural lands and promoting growth in diversified agriculture;

(E) Increasing state capacity to manage and protect natural resources and critical habitats; and

(F) Improving the statewide planning and land use system to further smart growth objectives;

(6) Arrange for research and analysis to identify appropriate smart growth policies, strategies, and tools for the State;

(7) Assist the smart growth advisory council in conducting public education and outreach activities to increase public awareness and support for smart growth objectives and strategies; and

(8) Perform other necessary or desirable functions to facilitate the intent of this section.

(e) The special advisor for smart growth may request the assistance and cooperation of other state agencies as appropriate. The special advisor for smart growth shall seek and use any available funding sources, including grant moneys, to carry out the duties of this section.

§ - Smart growth advisory council; establishment; appointment, number, and term of members; duties. (a) There is established within the office of planning, for administrative purposes, an advisory council to be known as the smart growth advisory council, that shall review and make recommendations on matters relating to smart growth in Hawaii. The council shall be composed of at least fifteen, but no more than twenty-one members appointed in accordance with section 26-34, and shall include at least one representative from each island.

(b) The governor shall appoint the members for each term which shall be for a period of four years. The governor may designate the members first appointed to serve two terms, and if so designated, the first term shall be for two years while the second term shall be for four years.

Four of the members shall be appointed from a list of nominees submitted by the speaker of the house of representatives and four shall be appointed from a list of nominees submitted by the president of the senate. The governor shall appoint the chair of the advisory council.

(c) The governor shall appoint only persons with knowledge of growth and development issues in Hawaii. The council shall consist of persons having experience or concerns of county government, landowners, the business and development community, the farming community, and environmental, community-based, and Hawaiian organizations. The members of the council shall serve without compensation, but shall be reimbursed for expenses necessary for the performance of their duties.

(d) The council shall assist the special advisor for smart growth in establishing the State's smart growth objectives and strategies. The council shall also serve as a forum for cross-sector cooperation and collaboration on matters relating to smart growth in Hawaii. The council shall have the following duties:

(1) Advising the governor, the legislature, the special advisor, and state agencies on matters relating to smart growth;

(2) Advising and assisting in the development, coordination, and implementation of state strategies for smart growth;

(3) Serving as a conduit between the governor, the legislature, and the general public for public input, for ideas, recommendations, and concerns regarding smart growth;

(4) Facilitating the establishment of cross-sector partnerships to promote and engage businesses and the people of Hawaii in the implementation of smart growth objectives and strategies;

(5) Promoting public participation, including public education programs, to further awareness and implementation of smart growth objectives and strategies; and

(6) Assisting the governor, the legislature, and special advisor in monitoring progress in the achievement of the State's smart growth objectives.

(e) In carrying out the duties of this section, the council shall seek and use any available funding sources."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2001-2002 and the sum of $ or so much thereof as may be necessary for fiscal year 2002-2003 for the special advisor for smart growth and the smart growth advisory council.

The sums appropriated shall be expended by the office of planning for the purposes of Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2001, and section 2 shall be repealed on December 31, 2013.