HB1837 SD1

SECTION 1. This Act shall be known as the "Yes In My Backyard Act".

SECTION 2. The legislature finds that the Measuring Housing Demand in Hawaii, 2015-2025 report published by the department of business, economic development, and tourism in March 2015 concluded that, based in part on the State's population growth, the projected statewide demand for residential housing was between 64,700 and 66,000 units. Although the department finds that population growth in the State has slowed since the 2015 report, in the Hawaii Housing Demand: 2020-2030 report, published in December 2019, the department still projects that an additional 36,155 units will be needed between 2020 and 2030.

The legislature further finds that "yes in my backyard" legislation, which is aimed at increasing housing by reducing administrative barriers and encouraging the adoption of more flexible zoning and regulatory policies, has been enacted in Oregon and California. Similar legislation aimed at increasing transparency and tracking discriminatory land use policies was co-introduced on the federal level by United States Senator Brian Schatz in May 2021.

The purpose of this Act is to encourage:

(1) The counties to adopt zoning and regulatory policies that allow for greater housing opportunities for residents at all income levels by requiring each county to submit a biennial report to the legislature on its efforts to reduce or remove certain regulatory barriers to housing; and

(2) The Hawaii housing finance and development corporation and Hawaii public housing authority to allow for greater affordable housing opportunities by requiring the corporation and the authority to each submit a biennial report to the legislature and its respective board on its respective efforts to streamline affordable housing development based on its review of the county biennial reports submitted to the legislature required by this Act.

SECTION 3. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Yes in my backyard; removing barriers to housing development. Each county shall submit biennial reports to the legislature on how the county has reduced or removed regulatory or zoning barriers to housing for residents at all income levels to obtain housing. The report shall include the county's recommendations for amendments to the Hawaii Revised Statutes, Hawaii Administrative Rules, and Hawaii State Constitution to support the county's efforts in producing additional affordable housing and the county's efforts in the following areas:

(1) Allowing multi-family development in retail and commercial zones;

(2) Converting office units and commercial space to apartments and multi-family uses;

(3) Promoting a range of housing types in areas zoned for single-family homes;

(4) Reducing minimum lot size for housing uses;

(5) Streamlining the permit process and timelines;

(6) Establishing density bonuses;

(7) Converting vacant or underutilized county land for affordable housing; and

(8) Utilizing financing programs to more efficiently deliver affordable housing.

Each report shall be submitted to the legislature no later than twenty days prior to the convening of the first year of each fiscal biennium, beginning with the regular session of 2023."

SECTION 4. Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201H- Yes in my backyard; removing barriers to housing development. The corporation shall review the reports submitted to the legislature by the counties pursuant to section 46- and:

(1) Make recommendations to the legislature and to the board on streamlining affordable housing development based on the corporation's review of the reports of each county;

(2) Incorporate the information in the corporation's housing studies; and

(3) Submit biennial reports to the legislature no later than twenty days prior to the convening of the second year of each fiscal biennium, beginning with the regular session of 2024."

SECTION 5. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§356D- Yes in my backyard; removing barriers to housing development. The authority shall review the reports submitted to the legislature by the counties pursuant to section 46- and:

(1) Make recommendations to the legislature and to the board on streamlining affordable housing development based on the authority's review of the reports of each county;

(2) Incorporate the information in the authority's housing studies; and

(3) Submit biennial reports to the legislature no later than twenty days prior to the convening of the second year of each fiscal biennium, beginning with the regular session of 2024."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $130,000 or so much thereof as may be necessary for fiscal year 2022-2023 for one full-time (1.0 FTE) position for the Hawaii housing finance and development corporation to manage reports and information submitted by each county and to prepare reports for the legislature.

The sum appropriated shall be expended by the Hawaii housing finance and development corporation for the purposes of this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	1837
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII		S.D. 1