2024-04-03 PL-CCI-2024-000003 Bill 121 Kristine OFriel Testimony

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Chairman Dennis Lin Windward Planning Commission County of Hawai'i 25 Aupuni St. Unit 1502 Hilo, HI 96720 Subject: Concerns and Recommendations Regarding Bill 121 Aloha Chairman Lin and Windward Planning Commission Members, Thank you for your public service and for considering the viewpoints and concerns shared by the community regarding Bill 121. While I appreciate the hard work of the Council members who drafted the bill, and the stated intent of the bill, I have deep concerns that the proposed legislation fails to consider how it will impact the economic well-being of Big Island residents in practice. Recommendation #1: Press pause and conduct an impact study Tourism is Hawaii's principal industry and legislation that limits the ability of residents to participate in this economy deserves a nuanced approach that acknowledges and equitably accounts for the unique circumstances that exist across diverse regions of our island. Even well- intentioned legislation can have far-reaching unintended consequences. This would also give affected communities an opportunity to provide meaningful input proactively rather than reactively. Recommendation #2: Maintain the present definition of short term /transient as thirty consecutive days or less Owners who rent their homes legally for 31 days or more have a vested right to continue this existing use. Changing the definition to 180 days would require creating an avenue for existing rentals to apply for nonconforming use certification. Instead of creating additional administration for an already complex and cumbersome set of provisions I support upholding the present definition of short-term/transient to be a rental period of thirty consecutive days or less. Recommendation #3: Remove restrictions about where hosts can live and where guests can stay Hosts rely on rental income for their livelihood—they use it to pay their rent, mortgage, medical bills, an empty nester may have college tuition to cover—any number of financial hardships could give a host cause to move into a secondary dwelling in order to rent out the primary home. Regulating which permissible residential dwelling can be occupied by a host