Maui Senator Troy Hashimoto joins producer/host Coralie Chun Matayoshi to discuss appropriations made for emergency housing and recovery, challenges and opportunities in rebuilding Lahaina, and wildfire mitigation measures to prevent future catastrophes.
Emergency Housing and Recovery
Q. What kinds of appropriations were made for emergency housing and recovery?
SB3068 SD1 HD1 CD1 - MAKING APPROPRIATIONS FOR WILDFIRE RECOVERY. Appropriates funds to support the State's continued response to the August 2023 wildfires that affected the counties of Hawaiʻi and Maui.
Appropriates nearly $424 million and highlights include:
- $200 million for insurance claim payments
- $186 million for set-aside for wildfire recovery costs
- $62K for a temp Lahaina Library
- $19 million to DLNR for additional equipment and 28 positions.
- About $12 million in federal funds and $23.5 million in federal funds if needed, authorizing language exists.
- This bill originally had the $64 million in reimbursable bonds for Maui County but now it it’s in the budget bill (HB1800).
SB582 SD2 HD1 CD1- RELATING TO STATE BUDGET. Appropriates funds to support the State's response to the August 2023 wildfires that affected the County of Maui. Makes an appropriation to the One Ohana Bank Trust Account to compensate victims of the 2023 Maui wildfires. Temporarily lifts various restrictions on the use of funds for Maui wildfire response.
- Appropriates $297 million for shelter, food and other assistance for survivors which of that amount $72.5 million can be used to develop 450 temporary modular homes on state land with $40 million contributed from private sources (Ka La’i Ola) especially for fire survivors not eligible for FEMA assistance.
- $65 million for the One Ohana Fund to compensate for deaths and serious physical injuries if applicants agree to forgo litigation.
Rebuilding Lahaina
Q. We know that rebuilding Lahaina is going to be a long process. What is FEMA doing to help, and what kind of legislation was passed to try to increase the housing supply?
FEMA Housing - the wildfire destroyed about 3,500 residents and displaced around 8,000 residents. About 3,000 remain sheltered in hotels. FEMA has been asked to build 1,000 homes for survivors, but its efforts so far have focused on leasing existing housing units. FEMA’s Kilohana project is plans to place 169 homes on state owned land in Lahaina and is proposing a 214-unit project in Kaanapali.
WILDFIRE RECOVERY PERMITTING CENTER - a new center opened on 4/29/24 specifically to help expedite the permitting process to allow wildfire survivors to rebuild. A Lahaina location is planned as well.
SB2919 SD2 HD2 CD1 - RELATING TO PROPERTY (SHORT TERM RENTALS) - clarifies the counties' authority to regulate the time, place, manner, and duration in which uses of land and structures may take place. Clarifies that uses that include the provision of transient accommodations are not considered residential uses and may be phased out or amortized by the counties. Beginning 1/1/2025, expands the scope of the transient accommodations tax law to include certain shelters and vehicles with sleeping accommodations. 14% of Maui’s housing stock are vacation rentals; in Lahaina it was 40% before the wildfire. Estimates are 8,000 legal and 7,000 illegal vacation rentals on Maui. 52% of Hawaii’s 30,000 short term vacation rentals belong to out-ot-state owners and 27% of STR owners have at least 20 units. Recently, the Mayor proposed legislation that would eliminate transient vacation rentals (TVRs) operating in the Apartment District, also known as the Minatoya list. It is predicted to effect 7,000 units (2,200 of which are in West Maui) – would phase out West Maui units by July 1, 2025, and all other units countywide by Jan. 1, 2026, with the bill’s approval.
COASTAL ZONE MANAGEMENT ACT – federal environmental law that regulates building near coastlines which requires landowners in designated zones to go through an elaborate permitting process that may require a public hearing (single family homes may be excluded from the Special Management Area permit process but businesses will likely face a lengthy process). The Coastal Zone Management Act was suspended for Lahaina by Governor Green’s Emergency Proclamation Relating to Wildfires. While single-family residences smaller than 7,500 sq. ft. are exempt from Special Management Area permitting requirements, applications are still required to determine if the property is exempt.
SB3202 SD2 HD1 CD1 - RELATING TO URBAN DEVELOPMENT
Part I: Requires the counties, no later than 12/31/2026, to adopt or amend an ordinance to allow at least two accessory dwelling units, subject to certain restrictions, on all residentially zoned lots. Prohibits private covenants for residentially zoned lots within an urban district from limiting the number of accessory dwelling units below the amount allowed pursuant to State law or the long-term rental of residential units. Defines "residentially zoned lot" as a zoning lot in a county zoning district that is principally reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low density residential development, and open space preservation.
If a County does not adopt or amend ordinances defining reasonable standards, they will need to use standards for their ordinance: 1) Consistent with the county's comprehensive general plan; Reasonably distributed throughout the county's various regional planning areas; and Estimated to add development potential equivalent to half of the county's projected five-year demand of needed housing units for ownership or rental as stated in the 2019 Hawaii housing planning study; and within a reasonable walking distance to and from 1) Stations of a locally preferred alternative for a mass transit project; and 2) Urban principal arterials as classified by the Federal Highway Administration for purposes of federal-aid highways projects and situated within a primary urban area, urban core, or county equivalent identified by a county comprehensive general plan.
This bill does not apply:
- Any area outside of the urban district established by chapter 205;
- County powers within a SMA chapter 205A; and
- Any area within an urban district that a county deems to be at high risk of a natural hazard such as flooding, lava, or fire, as determined by the most current data and maps issued by a federal or state department or agency.
- Important AG lands
- Wetlands
- Floodplain
- Habitat for protected and endangered species
- Historic district including Federal list, state list and nomination list for historic places
- Lava zone 1 and 2
Part II: Requires any administrative authority to act on any application for subdivision, consolidation, or resubdivision for certain parcels to be vested in the director of the county agency responsible for land use or another county officer.
Part III: Amends the calculation of impact fees for certain developments.
Wildfire Prevention
Q. A House Wildfire Prevention Working Group was convened to identify the causes of wildfires and possible preventative action to reduce the risk of wildfires throughout the State. Did any of the recommendations pass?
STATE FIRE MARSHALL - Hawaii is the only state without a Fire Marshall, so the legislature allocated funding for one to review and asses fire risks and work with county agencies to enforce the state fire code. This position was abolished in 1979 and replaced by the State Fire Council, composed of the Fire Chiefs of the four counties, Fire Chief of the State Aircraft Rescue Firefighting Unit, and a representative of the Division of Forestry and Wildlife Division of the Department of Land and Natural Resources.
SB 2922 SD2 HD3 - RELATING TO PUBLIC UTILITIES (Securitization) - creates a process for electric utilities to develop and submit wildfire protection plans to the Public Utilities Commission for approval and allow the recovery of related costs and expenses through securitization, while avoiding a disproportionate impact on a specific ratepayer or county. Requires public utilities to report wildfires potentially caused by or occurring in connection with their operations. Effective 7/1/3000.
HB1842 HD1 SD1 – RELATING TO FIRE PREVENTION - increases the maximum fine for violations of the fire protection laws. Specifies that each day a violation exists or continues to exist shall constitute a distinct and separate offense. Raises the criminal penalty for the offense of arson in the fourth degree to a class C felony if the offense was committed during the time period and within the geographic area in which a red flag warning was in effect. Provides that the state of mind requirement with respect to the attendant circumstance that the red flag warning was in effect is negligence.
To learn more about this subject, tune into this video podcast.
Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.