I’m thinking we need to send SB3202 back to the drawing board. Can you help? Or if you disagree, I’d like to hear your rationale.

Read the latest draft if you have the stomach for it.
https://www.capitol.hawaii.gov/sessions/session2024/bills/SB3202_CD1_.htm

Here is the measures “status report” – you can read the prior drafts, read the testimony, and see how various legislators have voted on it.
https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3202&year=2024

SB3202 represents an important but somewhat ugly “teachable moment” for those interested in the legislative process (or lack thereof).

Please grab a chair, a quiet corner somewhere, and read the below exact language legislators are voting on (and the only language the public was provided with) – The final “floor vote” is scheduled for tomorrow Wednesday, May 1.

The first key component says: “…each county shall adopt or amend ordinances defining reasonable standards that allow for the construction of at least two accessory dwelling units, or the reasonable equivalent, for residential use on all residentially zoned lots…defined as “…a zoning lot in a county zoning district that is principally reserved for single-family and two-family detached dwellings…does not include a lot in a county zoning district that is intended for rural, low density residential development, and open space preservation.”

Translation,“Every county shall pass laws allowing the construction of at least 3 houses/units (the main house plus two additional dwelling units) for residential use, on the majority of residential lots in the county.”

Further translated for property owners, “With the passage of SB3202, regardless of the size of your existing residentially zoned lot, you will be legally allowed to build, sell and/or rent three houses/units on your lot. With the stroke of a legislative pen your personal financial balance sheet goes up as the value of your property will be increased instantly and substantially – and you don’t have to do diddly squat, nothing, nada, zero.

While the intent of SB3202 is to encourage people to use this windfall of increased residential density to build housing, there are no requirements to build anything within any specific timeframe, nor any requirement the housing be affordable. These units can be CPR’d and sold as individual separate homes, or rented – for top dollar at market rates.

If you’re a large developer and own 100 single family residential lots, you now get the benefit of building 300 houses, with no requirements for affordability nor additional rules prohibiting short-term vacation rentals.

Of course the county can and will require adequate parking, water, fire infrastructure and roadways must be adequate. Of course. (wink wink)

The purpose of SB3202 is to dramatically increase the inventory of homes and speed the development process – statewide.

Because there are no provisions requiring affordability, the majority of homes will be sold or rented “at market” (driven by tourism, out-of-state investors, and wealthy retirees), and out of reach for most local residents.

SB3202 represents a huge win for developers large and small, but for everyone else – not so much.

If there were clear assurances that the increased density would result in an increased supply of affordable homes, I’d say let’s go for it. But there is nothing in SB3202 that requires affordability. Nothing.

In addition to the huge gift of increased density, SB3202 is also intended to dramatically speed development. On Kaua’i this translates to removing Planning Commissions oversight, which also removes community input, and the right to “contested case hearings” – and transferring approval authority to a single individual, the Kaua’i Planning Director.

Unfortunately this power transfer is hidden in legalese which no regular member of the public could ever understand.

“(g) Notwithstanding any other law…any administrative authority to accept, reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district…shall be vested with the director of the county agency responsible for land use…”

Notice this paragraph does not mention Kaua’i County, and certainly doesn’t clearly state the power of subdivision approval in the urban district is being taken from the Kaua’i Planning Commission and given to one single individual, the Kaua’i Planning Director.

Apparently, this is a Kaua’i specific impact and other County planning/permitting processes will not be impacted in the same way.

Whether you agree or disagree with the housing development strategy proposed by Kaua’i Rep. Luke Evslin Chair of the House Housing Committee and a staunch advocate of SB3202 – Kaua’i residents deserve to know about major proposals directly impacting their community – before the votes are cast. #lawmaking101

The final floor note on SB3202 is scheduled for Wednesday May 1. Residents on all islands – please take a moment to call AND email (though it’s probably a little too late in the process for email) your district Representative and Senator and let them know your thoughts on SB3202. Go here for that contact info: https://www.capitol.hawaii.gov/fyl/

My own questions for them include:

1. How will this impact my neighborhood? Will it double the density, double the number of houses and cars?

2. Why doesn’t SB3202 require affordability in exchange for the gift of increased density?

3. Why not allow each county to decide for themselves? Why is there this “one size fits all” top-down mandate?

4. For the Kaua’i legislators. Why weren’t Kaua’i residents, at least the Kaua’i Planning Commissioners themselves informed and asked of their opinion before SB3202 was passed taking away their authority and transferring it to one single person – the Planning Director?

5. Have they taken the time to read Peter Savio’s excellent review of SB3202 in Civil Beat? Hawaii Housing On The Verge Of Getting A Lot More Expensive https://www.civilbeat.org/2024/04/hawaii-housing-on-the-verge-of-getting-a-lot-more-expensive/

For Kaua’i friends I’ll make it a little easier:
Rep. Evslin 808-586-6270 repevslin@capitol.hawaii.gov
Rep. Nakamura 808-586-8435 repnakamura@capitol.hawaii.gov
Rep. Morikawa 808-586-6280 repmorikawa@capitol.hawaii.gov
Senate President Ron Kouchi 808-586-6030 senkouchi@capitol.hawaii.gov

Bottom line: SB3202 is not ready for prime time and should be sent back to the drawing board.

Sincerely,
Gary Hooser