HB 1739: County-designated Transit-Oriented Development Areas; Transit-Supportive Densities; County Regulations; Prohibition

A BILL FOR AN ACT

RELATING TO TRANSIT-ORIENTED DEVELOPMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     County-designated transit-oriented development areas; transit-supportive densities; county regulation; prohibition.  (a)  Notwithstanding any law to the contrary, development of transit-supportive densities shall be allowed in any county-designated transit-oriented development area; provided that no county ordinance, rule, regulation, development standard, zoning provision, or other land use control shall be enacted or enforced that restricts the development of such transit-supportive densities.

     (b)  Any county ordinance, rule, regulation, development standard, zoning provision, or other land use control that is inconsistent with this section shall be preempted, void, and of no force or effect to the extent of the inconsistency.

     (c)  For purposes of this section:

     "County-designated transit-oriented development area" has the same meaning as in section 226-63(d).

     "Transit-supportive density" has the same meaning as in section 206E-246(i)."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

County-designated Transit-Oriented Development Areas; Transit-Supportive Densities; County Regulations; Prohibition

Description:

Requires the development of transit-supportive densities to be allowed in any county-designated transit-oriented development area.  Prohibits the counties from enacting an ordinance, rule, regulation, development standard, zoning provision, or other land use control that restricts the development of transit-supportive densities.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO TRANSIT-ORIENTED DEVELOPMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     County-designated transit-oriented development areas; transit-supportive densities; county regulation; prohibition.  (a)  Notwithstanding any law to the contrary, development of transit-supportive densities shall be allowed in any county-designated transit-oriented development area; provided that no county ordinance, rule, regulation, development standard, zoning provision, or other land use control shall be enacted that restricts the development of such transit-supportive densities.

     (b)  Any county ordinance, rule, regulation, development standard, zoning provision, or other land use control that is inconsistent with this section shall be preempted, void, and of no force or effect to the extent of the inconsistency.

     (c)  For purposes of this section:

     "County-designated transit-oriented development area" has the same meaning as in section 226-63(d).

     "Transit-supportive density" has the same meaning as in section 206E-246(i)."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

County-designated Transit-Oriented Development Areas; Transit-Supportive Densities; County Regulations; Prohibition

Description:

Requires the development of transit-supportive densities to be allowed in any county-designated transit-oriented development area.  Prohibits the counties from enacting an ordinance, rule, regulation, development standard, zoning provision, or other land use control that restricts the development of transit-supportive densities.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to transit-oriented development.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     County-designated transit-oriented development zones; transit-supportive densities; county regulation; prohibition.  (a)  Notwithstanding any law to the contrary, in any county-designated transit-oriented development zone, development of transit-supportive densities shall be allowed; provided that no county ordinance, rule, regulation, development standard, zoning provision, or other land use control shall be enacted that restricts the development of such transit-supportive densities.

     (b)  Any county ordinance, rule, regulation development standard, zoning provision, or other land use control that is inconsistent with section 206E-246 shall be preempted, void, and of no force or effect to the extent of the inconsistency."

     SECTION 2.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

     "§206E-     Transit-oriented development infrastructure improvement program areas; transit-supportive densities; county regulation; prohibition.  (a)  Notwithstanding any law to the contrary, in any transit-oriented development infrastructure improvement program area established pursuant to section 206E-43, development of transit-supportive densities shall be allowed; provided that no county ordinance, rule, regulation, development standard, zoning provision, or other land use control shall be enacted that restricts the development of such transit-supportive densities.

     (b)  Any county ordinance, rule, regulation development standard, zoning provision, or other land use control that is inconsistent with section 206E-246 shall be preempted, void, and of no force or effect to the extent of the inconsistency."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

County-designated Transit-Oriented Development Zones; Transit-oriented Development Infrastructure Improvement Program Areas; Transit-supportive Densities; County Regulations; Prohibition

Description:

Prohibits the counties from enacting an ordinance, rule, regulation, development standard, zoning provision, or other land use control that restricts the development of transit-supportive densities in county-designated transit-oriented development zones and transit-oriented development infrastructure improvement program areas.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1200-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1739

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1739, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSIT-ORIENTED DEVELOPMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the counties to allow the development of transit-supportive densities in any county-designated transit-oriented development area;

     (2)  Prohibit the counties from enacting an ordinance, rule, regulation, development standard, zoning provision, or other land use control that restricts the development of transit-supportive densities in these areas; and

     (3)  Preempt and void any county ordinance, rule, regulation, development standard, zoning provision, or other land use control that is inconsistent with these provisions.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii; Housing Hawaiʻi's Future; Hawaiʻi YIMBY; Hawaii Appleseed Center for Law & Economic Justice; Avalon Development Company; AARP Hawaiʻi; and three individuals.  Your Committee received testimony in opposition to this measure from two individuals.  Your Committee received comments on this measure from the Office of Planning and Sustainable Development; Department of Planning and Permitting of the City and County of Honolulu; and CARES.

     Your Committee finds that when an area is zoned for transit-oriented development but is later subjected to restrictive standards or ad hoc conditions, it can reduce feasible density or delay approvals in these areas.  This in turn can result in fewer homes, higher per-cost units, and missed opportunities to house local workers near jobs and transit.  Your Committee further finds that allowing higher densities in transit-oriented development areas aligns with best practices observed in other regions where housing supply has been expanded near public transit, resulting in greater affordability and reduced reliance on personal vehicles.

     Your Committee notes the concern raised by the Office of Planning and Sustainable Development that there should be a timeframe for the amendment or adoption of ordinances and standards that would meet the proposed standards for each county.  Your Committee believes that making this measure effective in 2030 would provide sufficient time for the counties to adopt or amend ordinances and standards.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1739, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1739, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  717-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1739

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1739, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSIT-ORIENTED DEVELOPMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the development of transit-supportive densities to be allowed in any county-designated transit-oriented development area; and

     (2)  Prohibit the counties from enacting an ordinance, rule, regulation, development standard, zoning provision, or other land use control that restricts the development of transit-supportive densities.

     Your Committee received testimony in support of this measure from the Office of Planning and Sustainable Development; Hawaii Appleseed Center for Law & Economic Justice; Hawaiʻi YIMBY; Housing Hawaiʻi's Future; CARES; and three individuals.  Your Committee received testimony in opposition to this measure from UNITE HERE Local 5.  Your Committee received comments on this measure from the Department of Planning and Permitting of the City and County of Honolulu.

     Your Committee finds that it is vital that state-designated transit-oriented-development (TOD) zones actually deliver the walkable, mixed-use, and mixed-income neighborhoods envisioned in state and county plans, rather than being undermined by project-by-project discretionary upzoning requests or other discretionary barriers.  By prohibiting counties from adopting ordinances, development standards, or other land use controls that conflict with or effectively negate TOD zoning in these areas, this measure aligns local regulation with the substantial public investment already made in rail and bus raid transit infrastructure.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1739, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO.  111-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1739

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 1739 entitled:

"A BILL FOR AN ACT RELATING TO TRANSIT-ORIENTED DEVELOPMENT,"

begs leave to report as follows:

     The purpose of this measure is to prohibit the counties from enacting an ordinance, rule, regulation, development standard, zoning provision, or other land use control that restricts the development of transit‑supportive densities in county‑designated transit‑oriented development zones and transit‑oriented development infrastructure improvement program areas.

     Your Committee received testimony in support of this measure from Hawaiʻi YIMBY; Housing Hawaiʻi's Future; Grassroot Institute of Hawaii; Hawaiʻi Appleseed Center for Law & Economic Justice; and five individuals.  Your Committee received comments on this measure from the Office of Planning and Sustainable Development; Department of Planning and Permitting of the City and County of Honolulu; and CARES.

     Your Committee finds that allowing appropriate housing density near transit supports ridership, makes public investments more efficient, and gives residents more choices in how they live and move, while also reducing transportation costs.  Your Committee further finds that low land‑use density around transit-oriented development makes housing more expensive. Restrictive county‑level land‑use controls have also reduced feasible density, which results in delayed approvals and led to fewer homes.  This measure helps unlock much‑needed housing opportunities and advances walkable, transit‑connected neighborhoods across the State.

     Your Committee has amended this measure by:

     (1)  Changing references to "county-designated transit-oriented development zone" to "county-designated transit-oriented development area" and defining that term and "transit-supportive density";

     (2)  Clarifying that the county preemption standards apply based on inconsistency with this measure, rather than transit-oriented development infrastructure improvement program rules;

     (3)  Deleting language that would have required the development of transit-supportive densities to be allowed in any transit-oriented development infrastructure improvement area under the Hawaii Community Development Authority;

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1739, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1739, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committee on Housing,