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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 Hawaii 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 1/1/2023 for priority level <br />1 cesspools and before 1/1/2040 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 Hawai`i 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 than one hundred eighty days] thirty consecutive days or less and whose <br />permanent address for legal purposes is not the [lodging or dwelling unit occupied by the <br />visitor] transient accommodation rental. <br />Based on the preceding, the definition of transient accommodation should also be <br />-17- <br />