Thursday, April 16, is Second Crossover at the Hawaii State Legislature.
Second Crossover is a big deal in the life of a bill. The Hawaii Constitution requires that bills receive three readings on separate days in each body of the legislature before being presented to the governor for consideration. First Crossover, on March 12, was the first big separation of the chaff from the grain—that’s when bills originating in the House or Senate had its three readings and were passed over to the other body. Second Crossover is the last day for bills to receive a third reading in the receiving body (e.g., a bill that had three readings in the House, and crossed over to the Senate, must have its third and final reading on April 16). If a bill makes it through both bodies, it is either sent to a joint conference of House and Senate members to resolve version conflicts or it is transmitted to the governor for consideration.
It is unlikely that some bills, given its procedural posture at this time, will advance after Second Crossover (e.g., bills that were deferred in committee). However, those "zombie bills" are included in the list below, because a dead bill can come back to life through procedural voodoo outside of the usual course.
Here is a list of land use related bills:
Archaeological/Historic Preservation
HB520 HD1 SD1 & SB1672 SD1, Repeals the amendments made by Act 228, Session Laws of Hawaii 2008, which require the taking of archival photographs before conducting any demolition, construction, or alteration of any building over fifty years old or any building listed, or eligible for listing, on the Hawaii or National Register of Historic Places. Status: Will be set for conference.
SB1083 SD1 HD1, Includes additional native Hawaiian organizations for the DLNR to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN.
SB1143 SD1, Requires the state historic preservation officer to possess professional qualification in specific fields of study. Effective 7/1/2050. Status: Referred to WLO, LAB, FIN, referral sheet 28.
Affordable Housing
SB440 SD2 HD1 & SB440 SD2 HD1, Requires counties within 90 days to accept or reject a public infrastructure dedication, under specified conditions, as part of an affordable housing project, or the infrastructure is deemed dedicated. Status: Will be set for conference.
HB361 HD1, Expedites the construction of affordable housing units by requiring ministerial permits associated with the project to be issued by the State or county within 45 days of application. Status: Referred to EDH/TIA, WTL committees.
HB948 HD1 SD1, Increases the reserved housing (i.e., affordable housing) requirement for a planned development on a lot of at least 80,000 square feet in the Kakaako community development district, mauka area. Effective 7/1/2050. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO committee. Related Senate bill: SB1350 SD2. Status: he committees on HSG recommend that the measure be Passed, with Amendments.
HB1186 HD1, Eliminates the Hawaii community development authority's cash-in-lieu option for meeting reserved housing requirements, while retaining the option in cases of a fractional unit resulting from the percentage requirement calculation. Status: The committee(s) on WTL recommend(s) that the measure be Passed, Unamended.
HB1188 HD1, Increases the number of eligible households: (1) to which the counties may provide flexibility in land use density provisions and public facility requirements, and (2) to which the housing finance and development corporation may lease land for $1 per year per parcel to nonprofit organizations that provide affordable housing, by lowering threshold income limits from 140% to 100% of median incomes. Status: Referred to EDH/TIA committee.
HB1232 HD1 SD1, Requires a portion of housing units in residential developments constructed with state assistance, on land purchased or leased from the State and on land located in a community development district, to be sold pursuant to restrictions that ensure continued affordability over time. Effective 7/1/2020. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to WTL committee.
SB754 SD1 HD2, Directs the legislative reference bureau to review the state laws related to affordable housing, to identify strategies to strengthen Hawaii's housing laws. Requires report to the 2010 legislature. Effective date: 7/1/2050. Status: Report adopted. referred to the committee(s) on FIN.
Fees, Taxes
HB39 HD2, Adds a $5 surcharge to the fee charged by a state agency for certain services; for example, any application for, or issuance or renewal of, a permit, license, certificate, registration, or other approval by a state agency and a lease or other conveyance of real or personal property of a state agency. Status: Deferred in WAM committee.
HB1404 HD1 SD1, Makes the general excise tax exemption amendments for timeshare operators and condominium submanagers permanent. Effective July 1, 2050. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM committee. Related Senate bill: SB1165 SD1. Status: The committee recommends that the measure be deferred.
HB1598 HD1, Taxes a lessor of real property for capital improvements made by a lessee upon the termination of a lease. Status: The committee(s) on CPN recommend(s) that the measure be Held.
HB1604, Imposes a tax upon the value of improvements surrendered to a lessor by a lessee, without compensation to the lessee, upon the expiration of a long-term non-residential lease. Status: The committee(s) on CPN recommend(s) that the measure be Held.
HB1744 HD1, Suspends for 6 years from 07/01/2009 to 06/30/2015 the distribution of transient accommodations tax revenues to the counties. Effective 07/01/2020. Status: The committee on WAM deferred the measure.
SB1111 SD1, Increases the rate of the transient accommodations tax beginning on July 1, 2009, and requires the additional revenues collected from the increase to be deposited into the general fund. Effective 7/1/59. Status: The committee recommends that the measure be deferred.
Transportation
HB139 HD2, Allows the State to enter into agreements with private entities to build, operate, own, or finance newly constructed transportation facilities including toll highways. Effective 07/01/2020. Status: Referred to TIA, WAM committees.
HB363 HD2 SD1, Establishes a commission on transit oriented development to facilitate affordable housing in transit oriented developments by better coordinating transportation and housing planning and programs; requires counties to offer incentives for affordable housing development; authorizes counties to establish priorities for affordable housing in transit oriented developments; requires counties to provide flexibility in public facility requirements for rental housing projects with units for tenants at or below median income levels, with forty per cent for tenants with incomes eighty per cent or below the median. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to TIA committee.
HB617 HD2, Creates a task force to recommend parameters for the creation of mass transit route economic zones including eligibility and benefits and incentives such as tax credits. Report to legislature, including process to designate economic zones and incentives to attract businesses and affordable housing to encourage ridership. Task force terminates on 06/30/10. Effective 07/01/2020. Status: Referred to TIA/EDT/EDH, WAM committee.
Condominiums
HB197 HD1, Gives boards of directors authority to install or allow the installation of solar energy or wind energy devices on the common elements of condominiums. Status: referred to ENE, CPN committees. Related Senate bill: SB606 SD2. Status: The committee recommends that the measure be deferred.
HB355 HD1, Limits any late fee for delinquent condominium common expense assessments to 20% of the monthly maintenance fee per month that any such assessment remains unpaid. Requires an association to give a unit owner 10 business days notice of any delinquent assessments before taking any action for which attorneys' fees may be assessed. Effective 01/01/2020. Status: Referred to CPN committee.
HB875, Extends the condominium dispute resolution pilot project until 6/30/11. Status: The committee on CPN deferred the measure. Related Senate bill: SB574 SD1. Status: he committees on CPC recommend that the measure be Passed, Unamended.
HB876 HD1 SD1, Increases the maximum amount of the special assessment for delinquent monthly common assessments that can be charged against a person who purchases a condominium unit. Expands limitations on association liability for elderly unit owners or residents aging in place to include disabled persons. Status: The committee(s) on JGO will hold a public decision making on 04-02-09 10:15 am in conference room 016. Related Senate bill: SB572 SD2. Status: Deferred in committee.
HB1639, Condominium Property Regimes; Common Expense Assessments
Clarifies the condominium property regime law with respect to common expense assessments. Status: The committee(s) on CPN deleted the measure from the public hearing scheduled on 03-27-09 10:00 am in conference room 229.
SB298 SD1, Increases the amount that condominium associations may recover in maintenance fees from the foreclosure of a condominium apartment from $1,800 to $3,600. Status: he committees on CPC recommend that the measure be Passed, Unamended.
SB595 SD1, Allows the board of directors of an association to allow owners to install antennas for amateur radios. Requires a written statement of the reasons for a denial. Status: The committee recommends that the measure be deferred.
Timeshares
SB1113 SD1, Repeals the requirement that time share units in an existing hotel in a county with a population in excess of 500,000 are required to contain at least 60 units at least 40% of which are to be made available for sale or rental as residential apartments. Status: he committees on WLO recommend that the measure be Passed, Unamended.
SB1352 SD2 HD1, Transfers fee time share interest from the land court system to the regular system. Status: Report adopted and referred to the committee(s) on FIN.
Real Estate, Realtors, Transactions
HB233 HD1, Excludes certified public accountants and licensed real estate brokers and salespersons from the definition of distressed property consultants in the Mortgage Foreclosure Rescue Fraud Prevention Act. Prohibits certain conduct relating to the acquisition of an ownership interest in distressed property by licensed real estate brokers and salespersons. Status: Referred to CPN, JGO committees.
HB HD1 SD1 & HB269 HD1 SD1, Both bills require the land court (HB) and the bureau of conveyances (HB269) to provide, within 10 days and free of charge, an image and index of all instruments that contain real property transactions each week to the administrator of the real property division of a county to be agreed upon in a memorandum of understanding among the counties. Status: Both bills were report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM committee. Related Senate bills: SB521 SD2 HD1 & SB522 SD2 HD1, respectively. Both bills Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN.
HB271 SD1, Permits the registrar of the bureau of conveyances to accept electronic documents with electronic signatures for recording, to provide electronic documents in response to a request, and to convert existing records to electronic format. Status: The committee(s) on JGO will hold a public decision making on 04-02-09 10:15 am in conference room 016.
HB812 HD2 SD1, Allows a tenant who is a victim of domestic violence to terminate the tenant's rental agreement. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO committee.
HB874 HD2 SD1, Prohibits residential real property transfer fees required by a deed restriction or covenant, with certain exceptions. Takes effect January 1, 2046. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO committee. Related Senate bill: SB1241 SD2. Status: The committee recommends that the measure be deferred until 04-02-09.
HB1593 HD1, Clarifies provisions contained in long-term commercial and industrial ground leases. Protects agriculturally suitable lands. Status: Referred to EDT/WTL, JGO committee.
SB764 SD2 HD1, Clarifies standards for interpreting the terms "fair and reasonable rent" in contract renegotiations of long-term commercial and industrial ground leases; requires subtenants with subleases providing for lessee's recovery of ground lease rent, to be charged their pro-rata share of the renegotiated fair and reasonable rent. Status: The committee recommends that the measure be deferred until 04-03-09.
SB771 SD1, Requires a real estate appraiser to rely on the Uniform Standards of Professional Appraisal Practice when acting as an appraiser in an arbitration to guide the arbitrator's decision regarding an award. Status: Referred to CPC, referral sheet 28.
SB887 SD1 HD1, Revises the escrow depository law to: (1) clarify which escrow transactions are covered by the statute and which are not; (2) update the statute to adequately reflect the present day size of the transactions routinely handled by the industry; (3) provide for more flexibility in supervising and regulating the industry; and (4) ensure adequate protection for the consumer. Effective 01/01/2090. Status: Bill scheduled to be heard by FIN on Thursday, 04-02-09 2:00PM in House conference room 308.
SB6 SD2, Permits the registrar of the bureau of conveyances to accept electronic documents with electronic signatures for recording, to provide electronic documents in response to a request, and to convert existing records to electronic format. Effective 7/1/2050. Status: Referred to WLO, JUD, FIN, referral sheet 27.
SB34 SD1, Excludes licensed real estate brokers and salespersons from the definition of distressed property consultants in the Mortgage Foreclosure Rescue Fraud Prevention Act. Prohibits certain conduct relating to the acquisition of an ownership interest in distressed property by licensed real estate brokers and salespersons. Status: he committee(s) recommends that the measure be deferred until 04-03-09.
Public Utilities, Energy Conservation, Energy Production
HB244 HD1, Directs public utilities to establish discounted rates for providing services used for agricultural activities located in agricultural districts. Status: Referred to WTL, CPN committees.
HB245 HD1 SD1, Allows the development of renewable energy facilities on conservation and agricultural districts and special management areas; provided that the facilities comply with all applicable regulatory laws. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to WTL committee.
HB589 HD1 SD1, Exempts leases and easements for renewable energy projects from subdivision requirements; defines "subdivision requirements"; requires agencies to accept instruments for recording and filing. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to WTL committee.
HB590 HD1 SD1, Sets a time limit for the filing of the diligence report with the energy resources coordinator; allows the energy resources coordinator to deem a permit approved if no further action or processing is reported by the permitting agency within eighteen months of the completed application. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO committee.
HB591 HD1 SD1, Authorizes preferential rates for the purchase of renewable energy produced in conjunction with agricultural activities. Status: The committee(s) on CPN has scheduled a public hearing on 04-02-09 10:00AM in conference room 229.
SB50 SD1 HD1, Sets terms and conditions for leases of public lands to renewable energy producers, including requiring a public hearing, project completion, design, and financing documentation, and limitations on terminating or altering existing leases of public lands affected. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN.
SB241 SD2, Establishes specific performance standards and mandates the use of cool roofs on all new residential and commercial construction in Hawaii beginning in 2011. Status: The committee(s) recommends that the measure be deferred.
SB390 SD2 HD1, Amends the law mandating solar water heater systems for single-family dwellings by clarifying its application to new dwellings and clarifying variance request procedures and authority. Effective 1/1/2050. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC.
Land Use, Planning, Zoning
HB570 HD1, Requires certain agencies to account for sea-level rise and minimize risk from coastal hazards such as erosion, storm inundation, hurricanes, and tsunamis. Also preserves public shoreline access and authorizes the counties to account for annual shoreline erosion rates. Status: Referred to WTL/TIA committees.
HB593 HD2, Allows DLNR to establish an interim construction moratorium along Kailua Beach to protect development from coastal hazards, to conserve and protect beaches, to preserve recreational uses of coastal resources, and to minimize future impacts to the coastal ecosystem. Effective July 1, 2020. Status: The committee(s) on WTL recommend(s) that the measure be Passed, with Amendments. Related Senate bill: SB1318 SD1 HD1. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN.
HB610 HD2 SD1, Amends the Hawaii State Planning Act to include references to science and technology initiatives in Hawaii. Amends the department of business, economic development, and tourism's reporting requirement to the legislature on the growth industries of Hawaii. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM committee.
HB975 HD1 SD1, Authorizes the Agribusiness Development Corporation to acquire agricultural water systems to provide water for irrigation of agricultural lands. Exempts agricultural water systems from the subdivision requirements of county ordinances. Provides conveyance requirements for the property owner. Effective 07/01/2020. Status: he committee(s) on WAM will hold a public decision making on 04-02-09 9:30 AM in conference room 211.
HB1008 HD1, Protects and promotes the proper use of Hawaii's best agricultural lands by requiring conditions of approval for subdivisions of agricultural land into smaller lots and farm dwellings, thereby ensuring meaningful agricultural use. Status: Referred to WTL, TIA committees.
HB1047 HD1, In a petition for a declaratory order for IAL designation: (1) Requires the agricultural land seeking reclassification to be on the same island as the IAL; and (2) Requires the LUC to evaluate the petition using its general-application decision-making criteria. Status: Referred to WTL committee.
HB1048 HD1, Gives the counties greater authority and flexibility to define uses and regulate land use in the State Rural District consistent with broad State policies and standards. Status: Referred to WTL/TIA committee.
HB1273 HD1 SD1, Allows the use of clotheslines on any privately owned single-family residential dwelling or townhouse. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN committee. Related Senate bill: SB1338 SD2 HD1. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN.
HB1351 HD2, Allows owners of contiguous parcels within the agricultural district to establish private agricultural parks registered with the Department of Agriculture. Status: Referred to WTL committee.
HB1436 HD1 SD1, Amends the permitted uses of land within the agricultural district with soil classifications of A or B to include agricultural education programs conducted on a farming operation. Status: The committee(s) on WTL has scheduled a public hearing on 04-01-09 2:45 PM in conference room 229.
HB1693 HD1, Sets forth requirements for the City & County of Honolulu's Ewa Development Plan. Status: Referred to TIA, WTL committee.
SB536 SD1 HD1, Requires department of business, economic development, and tourism, assisted by a temporary advisory committee, to develop a statewide starlight reserve strategy, including an intelligent statewide lighting law, to preserve the quality of the night sky and its associated cultural, scientific, astronomical, natural, and landscape-related values. Takes effect June 30, 2050. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN.
SB673, Allows the counties to impose within their zoning ordinances performance standards on group living facilities. Status: The committee(s) recommends that the measure be deferred.
SB468 SD1 HD1, Requires certain agencies to account for sea-level rise and minimize risk from coastal hazards such as erosion, storm inundation, hurricanes, and tsunamis. Also preserves public shoreline access and authorizes the counties to account for annual shoreline erosion rates. Creates exception from shoreline setback rules for existing Waikiki beach structures and properties subject to Waikiki Beach Reclamation Agreement, to extent agreement conflicts with setback rules. Status: The committee(s) recommends that the measure be deferred until 04-03-09.
SB1152 HD1, Establishes a one hundred year moratorium on certain building and development projects on agricultural lands located in state senate districts twenty-two and twenty-three. Status: The committee(s) recommends that the measure be deferred until 04-03-09.
Environmental Compliance
HB640 HD1 SD1, Exempts from the purview of chapter 343, HRS, the environmental review law, primary actions that require a ministerial permit, that involve secondary actions relating to infrastructure development within public right-of-ways that have no significant effect on the environment. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO committee.
HB1144 HD1, Authorizes the development and use of programmatic safe harbor agreements and programmatic habitat conservation plans that cover multiple landowners or a class of landowners or extend over a wide area or region. Status: The committee on ENE deferred the measure.
SB942 SD1, Ensure compliance with the federal Energy Policy Act of 2005 regarding underground storage tanks. Status: The committees on JUD recommend that the measure be Passed, Unamended.
SB1053 SD2, Allows an agency to transfer the responsibility for preparing and funding environmental assessments and environmental impact statements to the user of the state or county land or new improvements to be constructed with state or county funds necessary to accommodate the user's operations. Status: Referred to EEP, FIN, referral sheet 27.
SB1259 SD2 HD1, Amends chapter 128D, Hawaii Revised Statutes (environmental response law), to be consistent with federal law, which protects innocent purchasers of, and property owners who are contiguous to, contaminated property from liability for addressing contamination they did not cause. Status: The committees on JUD recommend that the measure be Passed, with Amendments.
Ceded Lands, Hawaiian Home Lands
HB921 HD1 SD1, Permits DHHL to negotiate lease terms beyond sixty-five years, and provides a right of first refusal to previous lessees. Prohibits the sale or transfer of ceded lands until the unrelinquished claims of the native Hawaiian people are resolved or reconciliation between the State and the native Hawaiian people is no longer supported. Status: Re-Referred to WTL, JGO/WAM committees. Related Senate bill: SB1085 SD2 HD1. Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on WLO/JUD.
HB949 HD1, Authorizes the department of Hawaiian home lands to issue long term commercial leases. Effective 07/01/2020. Status: Referred to WTL, WAM committees.
SB1677 SD1 HD1, Requires majority vote of the legislature or two-thirds vote of house or senate to disapprove the sale or exchange of state-held lands to non-state entities or persons; requires community briefing where land located prior to sale or exchange. Status: Bill scheduled to be heard by FIN on Wednesday, 04-01-09 3:00PM in House conference room 308.
Landowner Liability
HB951 HD1 SD1, Relieves landowner of liability for any damage, injury, or harm to persons or property outside the boundaries of the landowner's land caused by naturally occurring land failure originating on unimproved land, except for harm arising from negligent or wanton acts by the owner of the unimproved land. Status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO committee.
SB1088 SD2 HD1, Amends definition of obstruction for access to public property. Creates a private right of action for a person to enforce the prohibition of obstruction. Applies, inter alia, to private landowners who obstruct "passageway[s] established by dedication, condemnation, customary use, or open and continuous public use." Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD.
Open Meetings, Sunshine Law
HB1148 HD1, With respect to notice requirements for a public agency hearing, requires state boards to electronically file meeting notices on the state calendar rather than in the Lt. Governor's office. Status: Referred to JGO committee.
SB906, Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Status: Referred to JUD, FIN, referral sheet 26.
SB1661 SD1, Clarifies permissible attendance and procedures for board members to attend meetings of other boards, departments, agencies, and hearings of the legislature. Effective 7/1/2050. Status: Referred to JUD, referral sheet 28.
State Building Code
SB1645 SD1, Directs the state building code council to review studies and structural tests of bamboo as a construction material, and to recommend standards and criteria for the use of bamboo as an accepted construction material. Status: The committee recommends that the measure be deferred.
For current status on the above bills, click on the above hyperlinks or see Bill Status at capitol.hawaii.gov.
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