RELATING TO PARKING.

HB1701

HOUSE OF REPRESENTATIVES

H.B. NO.

1701

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to parking
.

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

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SECTION 1.
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The legislature finds that Act 130, Session
Laws of Hawaii 2016 (Act 130), established a statewide framework for
transit-oriented development planning.
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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.

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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.
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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.
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The policy
aimed to promote alternative transportation, improve design, support the city
and county's vision zero goals, and encourage rail ridership.

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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.
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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.

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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.

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

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"
�46-
�
Off-street
parking requirements; prohibited.
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(a)
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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.

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

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(1)
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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;

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

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(3)
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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
.
"

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

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

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(1)
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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;

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

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

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

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

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

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

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

INTRODUCED BY:

_____________________________

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.