Posted by: Patty Salkin | June 26, 2008

States Continue to Enact “Climate Change” Legislation Affecting Local Land Development

Yesterday the American Planning Association hosted a 90 minute audioconference addressing current trends in planning law (http://www.planning.org/audioconference/advancedintensive.htm).  Among the topics addressed were the recent developments at the federal, state and local levels designed to address issues of global warming and climate change. It was astounding to listen to the volume and diversity of initiatives at the state and local levels that specifically impact local land use planning. 

  

This week, Jesse Souke reports on the Hawaii Land Use Blog (http://hilanduse.blogspot.com)  that the State legislative session ended on May 1, 2008 and while a fair number of land use bills have or are about to become law (for a complete listing see, http://hilanduse.blogspot.com/2008/06/governors-veto-list.html) the following two new initiatives relate specifically to climate change issues:

  

Act 31, HB2502 HD2, amends HRS Section 205-2 to allow the use of solar energy facilities on lands classified by the state as Agricultural, but only where the soil is classified by the land study bureau’s detailed land classification as overall (master) productivity rating class D or E (see, http://www.capitol.hawaii.gov/session2008/bills/GM662_.PDF)

 

 SB644 SD3 HD3 CD1, mandates that on or after January 1, 2010, no building permit shall be issued for a single-family dwelling that does not include a solar water heater system, and it repeals the solar energy tax credit by 2010. (see, http://capitol.hawaii.gov/session2008/bills/SB644_CD1_.htm)

 

 At the local level, planners and other land use practitioners are recommending and implementing a variety of initiatives with the goal of reducing the carbon footprint.  In addition to more compact, mixed use development, plans for walking and bike trials, sidewalks and more neighborhood (as opposed to larger scale) parks, transit oriented development and traditional neighborhood design – attention to zoning for the use of renewable energy (solar and wind) has been on many agendas.  It is clear that local governments and local planners possess the authority and tools to creatively develop workable initiatives to help slow climate change.


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