SB2190 amends Hawaii’s county zoning law to prohibit any law, ordinance, or rule from imposing an inclusionary zoning requirement on housing that is offered exclusively for sale or rent in perpetuity to qualifying Hawaii residents. The bill defines the protected housing as units available only to state residents who are owner-occupants or renters and who do not own other real property. In effect, it creates an exemption from county inclusionary zoning mandates for long-term, resident-only housing arrangements.
The bill also makes related changes within the county zoning statute, which governs how counties regulate land use, residential density, setbacks, lot sizes, and other development standards. While most of the bill restates existing zoning authority, the key substantive change is the new subsection barring inclusionary zoning requirements for the specified housing type. The act is set to take effect on March 22, 2075, and it preserves existing rights, duties, penalties, and proceedings that arose before that date.
Impact
The bill would amend section 46-4, Hawaii Revised Statutes, by limiting county authority to require affordable set-asides in a narrow category of housing developments. Counties would no longer be able to apply inclusionary zoning requirements to housing reserved in perpetuity for Hawaii residents who occupy the units and do not own other real property. This would affect county land-use regulation and could reduce the number of affordable-unit mandates attached to qualifying projects, while leaving broader zoning powers intact.
Sentiment
The available voting history suggests broad support for the measure as amended. It passed the Senate Housing Committee, Senate Judiciary Committee, and Senate Ways and Means Committee unanimously, and later advanced in the House with no recorded opposition, though several members voted aye with reservations. The overall tone appears favorable to the bill’s housing goals, with some caution about the policy implications of limiting county inclusionary zoning authority.
Contention
The main point of contention is the balance between addressing Hawaii’s housing shortage and preserving county tools for requiring affordable housing set-asides. Supporters appear to view the bill as a way to encourage resident-focused, perpetually affordable housing and protect local communities from displacement. Potential critics would likely be counties, affordable-housing advocates, or planners concerned that exempting these projects from inclusionary zoning could weaken local affordable-housing production or reduce county flexibility. The “aye with reservations” votes indicate some lawmakers supported the bill but had concerns about its effects or scope.