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making it easier to build accessory dwellings. Bill 123 aims to address housing <br /> availablility for residents by keeping more housing in the long-term market. The three <br /> bills attempt to strike a balance between allowing residents to continue or start to operate <br /> TARs on their properties, while limiting the expansion of investor-owned TARs, repeals <br /> existing uses that are seen as being duplicated and hopes to address long-term housing by <br /> allowing accessory dwelling units. <br /> Lastly, it is important to note that there are three specific legislative bills that are <br /> currently in process with the State of Hawai`i Legislature that will have an impact to <br /> TARs statewide: Senate Bill 2919 (SB 2919), House Bill 1838 (HB 1838) and House Bill <br /> 1759 (HB 1759) . SB 2919 hopes to expand the zoning powers of the counties, and <br /> expands the scope of the transient accomoodations tax law to include certain shelters and <br /> vehicles with sleeping accommodations. HB 1838 allows the counties to enact a zoning <br /> ordinance to amortize or phase out nonconforming single-family transient vacation rental <br /> units over a reasonable period of time. And HB 1759 proposes to require cesspools <br /> attached to or used by housing or lodging that provides transient accommodations to be <br /> upgrade, converted, or connected to a sewerage system before l/l/2023 for priority level <br /> 1 cesspools and before l/l/2040 for priority level 2 cesspools. <br /> RECOMMENDATION <br /> The Planning Director is generally supportive of the intent of Bill 121 and <br /> appreciates the time and effort the County Council has taken to draft legislation to <br /> regulate TARs in Hawaii County. The Director is recommending various revisions to <br /> Bill 121 to address housekeeping changes that are needed to implement the intent of Bill <br /> 121, and more substantive changes so that the regulation of TARs, as proposed, is <br /> consistent with other County and State land use laws. <br /> Recommendation #1 <br /> Under Section 2. Amend the definition of transient to state: "Transient" or"transients" <br /> means any visitor or person who rents or uses lodging or dwelling unit,portion thereof, <br /> for [less tha one htmdFed o:g4y days] thirty consecutive days or less and whose <br /> permanent address for legal purposes is not the [lodging of dwelling Nit oeeupied by -1+e <br /> per] transient accommodation rental. <br /> Based on the preceding, the definition of transient accommodation should also be <br /> -17- <br />