SB 2356: Off-Street Parking Requirements; Transit-Oriented Development Infrastructure Improvement Program Areas; Prohibited

A BILL FOR AN ACT

RELATING TO PARKING.

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

     SECTION 1.  The legislature finds that Act 130, Session Laws of Hawaii 2016 (Act 130), established a statewide framework for transit-oriented development planning.  Act 130 recognized the opportunity to improve quality of life by applying smart growth principles to revitalize neighborhoods, increase affordable housing, and coordinate redevelopment efforts and established procedures for transit-oriented development planning within county-designated zones or within a half-mile radius of public transit stations.

     The legislature further finds that in 2020, the Honolulu city council unanimously adopted Bill No. 2, C.D. 1, F.D. 2, eliminating off-street parking requirements in certain areas of the primary urban center and Ewa development plan areas, as well as within a half mile of rail transit stations.  According to the department of planning and permitting of the city and county of Honolulu, this change reflected a modern vision to reduce traffic fatalities, curb congestion, and lessen environmental impacts.  The policy aimed to promote alternative transportation, improve design, support the city and county's vision zero goals, and encourage rail ridership.

     The legislature also finds that Act 184, Session Laws of Hawaii 2022, established the transit-oriented development infrastructure improvement district, which was later revamped and changed to the transit-oriented development infrastructure improvement program under Act 252, Session Laws of Hawaii 2025.  These measures acknowledged the severity of Hawaii's housing crisis and the potential of transit-oriented development to increase housing supply and optimize land use by concentrating higher-density development near transit hubs.

     Accordingly, the purpose of this Act is to continue the foundation laid by these Acts, encourage higher-density, transit-supportive development, and remove barriers to affordable housing statewide by prohibiting minimum off-street parking requirements in transit-oriented development infrastructure improvement program areas.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§46-     Off-street parking requirements; prohibited.  (a)  Notwithstanding any other law, charter provision, ordinance, code, or standard to the contrary, minimum off-street parking requirements shall be prohibited for any new development or redevelopment project located within a transit-oriented development infrastructure improvement program area established pursuant to section 206E-243.

     (b)  Nothing in this section shall be construed to:

     (1)  Preclude or limit requirements for the provision of accessible parking stalls for persons with disabilities as required by the Americans with Disabilities Act of 1990, as amended, the federal Fair Housing Act, or any other applicable law;

     (2)  Preclude any developer or property owner from providing off-street parking at their discretion; or

     (3)  Restrict a county's authority to adopt maximum parking requirements or other policies managing the maximum amount of parking in transit-oriented development infrastructure improvement program areas established pursuant to section 206E-243."

     SECTION 3.  Section 46-4.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law, ordinance, or code or standard to the contrary, each adaptive reuse ordinance shall:

     (1)  Allow for the construction of micro units; provided that no county shall require a micro unit to be larger than minimum standards established in the International Building Code;

     (2)  Allow for adaptive reuse to meet the interior environment requirements of the International Building Code; and

     (3)  Provide for an exemption to any requirements regarding park dedication or additional off-street parking[;], except as prohibited by section 46-   ; provided that:

          (A)  The existing off-street parking satisfies at least fifty per cent of a county's parking requirements; and

          (B)  The building's floor area, height, and setbacks do not change as a result of adaptive reuse;

          provided further that this paragraph shall not preclude a county from exempting a project under this section from all off-street parking requirements."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on April 19, 2042.

Report Title:

Off-Street Parking Requirements; Transit-Oriented Development Infrastructure Improvement Program Areas; Prohibited

Description:

Prohibits minimum off-street parking requirements for new developments or redevelopment projects located in transit‑oriented development infrastructure improvement program areas.  Effective 4/19/2042.  (SD1)

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 parking.

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

     SECTION 1.  The legislature finds that Act 130, Session Laws of Hawaii 2016 (Act 130), established a statewide framework for transit-oriented development planning.  Act 130 recognized the opportunity to improve quality of life by applying smart growth principles to revitalize neighborhoods, increase affordable housing, and coordinate redevelopment efforts and established procedures for transit-oriented development planning within county-designated zones or within a half-mile radius of public transit stations.

     The legislature further finds that in 2020, the Honolulu city council unanimously adopted Bill No. 2, C.D. 1, F.D. 2, eliminating off-street parking requirements in certain areas of the primary urban center and Ewa development plan areas, as well as within a half mile of rail transit stations.  According to the department of planning and permitting of the city and county of Honolulu, this change reflected a modern vision to reduce traffic fatalities, curb congestion, and lessen environmental impacts.  The policy aimed to promote alternative transportation, improve design, support the city and county's vision zero goals, and encourage rail ridership.

     The legislature also finds that Act 184, Session Laws of Hawaii 2022, established the transit-oriented development infrastructure improvement district, which was later revamped and changed to the transit-oriented development improvement program under Act 252, Session Laws of Hawaii 2025.  These measures acknowledged the severity of Hawaii's housing crisis and the potential of transit-oriented development to increase housing supply and optimize land use by concentrating higher-density development near transit hubs.

     Accordingly, the purpose of this Act is to continue the foundation laid by these Acts, encourage higher-density, transit-supportive development, and remove barriers to affordable housing statewide by prohibiting minimum off-street parking requirements in transit-oriented development infrastructure improvement program areas.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§46-     Off-street parking requirements; prohibited.  (a)  Notwithstanding any other law, charter provision, ordinance, code, or standard to the contrary, minimum off-street parking requirements shall be prohibited for any new development or redevelopment project located within a transit-oriented development infrastructure improvement program area established pursuant to section 206E-243.

     (b)  Nothing in this section shall be construed to:

     (1)  Preclude or limit requirements for the provision of accessible parking stalls for persons with disabilities as required by the Americans with Disabilities Act of 1990, as amended, the federal Fair Housing Act, or any other applicable law;

     (2)  Preclude any developer or property owner from providing off-street parking at their discretion; or

     (3)  Restrict a county's authority to adopt maximum parking requirements or other policies managing the maximum amount of parking in transit-oriented development infrastructure improvement program areas established pursuant to section 206E-243."

     SECTION 3.  Section 46-4.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law, ordinance, or code or standard to the contrary, each adaptive reuse ordinance shall:

     (1)  Allow for the construction of micro units; provided that no county shall require a micro unit to be larger than minimum standards established in the International Building Code;

     (2)  Allow for adaptive reuse to meet the interior environment requirements of the International Building Code; and

     (3)  Provide for an exemption to any requirements regarding park dedication or additional off-street parking[;], except as prohibited by section 46-   ; provided that:

          (A)  The existing off-street parking satisfies at least fifty per cent of a county's parking requirements; and

          (B)  The building's floor area, height, and setbacks do not change as a result of adaptive reuse;

          provided further that this paragraph shall not preclude a county from exempting a project under this section from all off-street parking requirements."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2027.

Report Title:

Off-Street Parking Requirements; Transit-Oriented Development Infrastructure Improvement Program Areas; Prohibited

Description:

Prohibits minimum off-street parking requirements for new developments or redevelopment projects located in 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. 2771

Honolulu, Hawaii

RE:     S.B. No. 2356

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2356, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

begs leave to report as follows:

     The purpose and intent of this measure is to prohibit counties from establishing minimum off-street parking requirements for new developments and redevelopment projects located within a transit-oriented development infrastructure improvement program area.

     Your Committee received written comments in support of this measure from the Office of Planning and Sustainable Development, Stadium Authority, Oahu Metropolitan Planning Organization, a member of the Kauai County Council, Hawaii REALTORS, Hawaii YIMBY, Chamber of Commerce Hawaii, AARP Hawaii, Holomua Collaborative, BIA Hawaii, Grassroot Institute of Hawaii, Land Use Research Foundation of Hawaii, Avalon Development Company LLC, Housing Hawaii's Future, Better Block Hawaii, and four individuals.

     Your Committee received written comments in opposition to this measure from one individual.

     Your Committee received written comments on this measure from UNITE HERE Local 5.

     Your Committee finds that off-street minimum parking requirements impose an undue burden on residents by increasing housing costs in areas where owning or driving a vehicle may not be necessary.  Eliminating the requirement for housing units to include dedicated off-street parking will encourage the use of public transportation, improve the walkability of communities, and help reduce traffic congestion.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2356, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 2178

Honolulu, Hawaii

RE:     S.B. No. 2356

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Energy and Intergovernmental Affairs and Transportation, to which was referred S.B. No. 2356 entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

beg leave to report as follows:

     The purpose and intent of this measure is to prohibit minimum off-street parking requirements for new developments or redevelopment projects located in transit-oriented development infrastructure improvement program areas.

     Your Committees received testimony in support of this measure from the Stadium Authority, Office of Planning and Sustainable Development, Climate Change Mitigation and Adaptation Commission, Oahu Metropolitan Planning Organization, Chamber of Commerce Hawaii, Hawaiʻi Appleseed Center for Law and Economic Justice, Hawaiʻi Association of REALTORS, Hawaiʻi YIMBY, Grassroot Institute of Hawaii, Hawaiʻi Bicycling League, Housing Hawaiʻi's Future, and eight individuals.

     Your Committees find that there is a severe housing shortage in the State.  To address this crisis, the State enacted several measures relating to transit-oriented development planning to revitalize neighborhoods and increase affordable housing.  Your Committees further find that parking minimums can discourage housing development and other construction when state agencies or developers see parking requirements as a hinderance or financial barrier.  This measure will further the State's transit-oriented development plans by encouraging more public transit ridership, reducing costs in the development of housing, and growing more walkable neighborhoods.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of April 19, 2042, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Energy and Intergovernmental Affairs and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2356, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2356, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Energy and Intergovernmental Affairs and Transportation,