SB1521 SD1

SECTION 1. The legislature finds that multiple climate and sustainability statutory targets have been enacted in the State, including developing at least 22,500 affordable rental housing units, doubling food production, increasing food exports, requiring the department of education and University of Hawaii to become net-zero in energy use, requiring that all of the electricity generated in Hawaii come from renewable sources, sequestering more atmospheric carbon and greenhouse gases, requiring all state and county facilities to use reclaimed water, and requiring the mandatory upgrade of all cesspools.

The legislature recognizes that with the recent expansion of the office of planning and sustainable development through Act 45, Session Laws of Hawaii 2020, and Acts 152 and 153, Session Laws of Hawaii 2021, the office of planning and sustainable development functionally serves as the State's centralized coordinating agency to lead efforts in thoughtful, climate adaptive and sustainable land use policies.

The legislature further finds that the State lacks a plan integrating the various goals and studies, especially on the use of agricultural lands. An integrated study would help to address recent events and public opposition to affordable housing projects and renewable energy projects on agricultural land.

The purpose of this Act is to require the office of planning and sustainable development to develop an integrated land use study that incorporates the various environmental studies to serve as a guide for planning and decision making on the use of agricultural lands.

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

"§226- Integrated land use study; generally. (a) The office shall publish an integrated land use study for agricultural districts.

(b) The purpose of the integrated land use study shall be to develop land use data that can lead to planning and decision‑making for the competing uses of land within an agricultural district, and to determine the feasibility and land use needs to meet the State's climate, sustainability, and housing statutory targets, while accounting for the additional climate adaptation and land use needs for the potential movement away and managed retreat from at-risk land parcels.

(c) The integrated land use study shall incorporate the recommendations of the Hawaii 2050 sustainability plan, the Hawaii sea level rise vulnerability and adaptation report, the feasibility and implications of managed retreat strategies for vulnerable coastal areas report, and the State's climate, sustainability, and housing statutory targets, as needed. The integrated land use study shall also give consideration to the 2022 state land use review of districts, Hawaii state plan update phase one, and the soil classification study required pursuant to Act 189, Session Laws of Hawaii 2022.

(d) The integrated land use study shall also include recommendations for each county.

(e) The development of the integrated land use study shall follow the procedures specified in this part.

§226- Integrated land use study; develop definitive data and update state functional plans. (a) The office shall develop definitive data on the amount of land required to meet the goals of identifying competing uses by compiling and analyzing existing data from the various government entities, including the department of agriculture; department of transportation; department of land and natural resources; department of business, economic development, and tourism; Hawaii state energy office; Hawaii housing finance and development corporation; public utilities commission; and the counties. Secondary input shall be sought from the University of Hawaii, utility companies, nonprofit agricultural organizations, the agricultural community, and other organizations or entities deemed appropriate by the office.

(b) The state functional plan on:

(1) Energy shall be updated by the Hawaii state energy office;

(2) Agriculture shall be updated by the department of agriculture to align with Act 151, Session Laws of Hawaii 2019;

(3) Transportation shall be updated by the department of transportation to align with the Hawaii highways climate adaptation action plan; and

(4) Tourism shall be updated by the Hawaii tourism authority to align with the destination management action plans.

(1) The removal of outdated agricultural economic language;

(2) Amendments to align the respective plan with the State's twenty‑first century climate and sustainability statutory targets;

(3) Amendments to align the respective plan with the Hawaii 2050 sustainability plan; and

(4) Amendments to align with the Hawaii state plan update, phase one.

(d) The departments and agencies shall comply with section 226-55 and work in partnership with the office and stakeholders in updating their respective state functional plans.

§226- Integrated land use study; outreach and plan submission. (a) The office shall conduct outreach to ensure county and community input and acceptance.

(b) Once the initial compilation of data is completed, the office shall analyze the available acreage in each county along with the potential impacts for the proposed changes.

(c) The office shall submit the integrated land use study to the legislature and the land use commission no later than twenty days prior to the regular session of 2026 and shall submit updates of the integrated land use study every ten years thereafter."

SECTION 3. The office of planning and sustainable development shall submit a report to the legislature no later than twenty days prior to the regular session of 2025 on the progress of developing the definitive data and the various functional plan updates.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $700,000 or so much thereof as may be necessary for fiscal year 2023-2024 for the establishment of four planner V (4.0 FTE) positions, one administrative support staff personnel (1.0 FTE) position, one geographic information systems specialist (1.0 FTE) position, computers, office supplies, travel, and other expenses for the office of planning and sustainable development to develop definitive data and submit a report.

The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to update the various state functional plans to be allocated as follows:

(1) $150,000 to the Hawaii state energy office;

(2) $150,000 to the department of agriculture;

(3) $150,000 to the department of land and natural resources;

(4) $150,000 to the department of transportation; and

(5) $150,000 to the Hawaii tourism authority;

The sums appropriated shall be expended by each department or agency for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,215,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of four planner V (4.0 FTE) positions, one administrative support staff personnel (1.0 FTE) position, one geographic information systems specialist (1.0 FTE) position, one public communications and outreach specialist (1.0 FTE) position, computers, office supplies, publication costs, website and multimedia public outreach, management and service fees, and travel costs.

The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.

SECTION 7. New statutory material is underscored.

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

THE SENATE	S.B. NO.	1521
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII