Bill Text: HI HB142 | 2015 | Regular Session | Amended
Bill Title: Hawaiian Home Lands; Affordable Housing Credits
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-06-10 - Act 102, 06/09/2015 (Gov. Msg. No. 1202). [HB142 Detail]
Download: Hawaii-2015-HB142-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
142 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING ON HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each county shall recognize
housing units developed by the department of Hawaiian home lands and issue
affordable housing credits to the department of Hawaiian home lands [with
respect to existing and future Hawaiian home lands projects upon a request for
such credits by the department of Hawaiian home lands]. The credits shall
be transferable and shall be issued on a [one-unit] one-credit
for one-unit basis[.], unless the housing unit is eligible for
additional credits as provided by adopted county ordinances, rules, or any
memoranda of agreement between a county and the department of Hawaiian home
lands. In the event that credits are transferred by the department of Hawaiian
home lands, twenty-five per cent of any monetary proceeds from the transfer
shall be used by the department of Hawaiian home lands to develop units for
rental properties. Credits shall be issued for each single-family
residence, multi-family unit, other residential unit, whether for purposes
of sale or rental, or if allowed under the county's affordable housing
programs, vacant lot, developed by the department of Hawaiian home lands. The
credits may be applied county-wide within the same county in which the credits
were earned to satisfy affordable housing obligations imposed by the county on
[market priced] market-priced residential and non-residential
developments. County-wide or project-specific requirements for [the
location of affordable housing units;] housing class, use, or type; or
construction time[; or other county requirements] for affordable housing
units shall not impair, restrict, or condition the county's obligation to apply
the credits in full satisfaction of all county requirements, whether by
rule, ordinance, or particular zoning conditions of a project. Notwithstanding
any provisions herein to the contrary, the department may enter into a
memorandum of agreement with the county of Kauai to establish, modify, or
clarify the conditions for the issuance, transfer, and redemption of the
affordable housing credits in accordance with county affordable housing
ordinances or rules. Notwithstanding any provisions herein to the contrary,
the department may enter into a memorandum of agreement with the city and
county of Honolulu to establish, modify, or clarify the conditions for the
issuance, transfer, and redemption of the affordable housing credits in
accordance with county affordable housing ordinances or rules. At least half
of the affordable housing credits issued by the city and county of Honolulu
shall be subject to a memorandum of agreement pursuant to this subsection.
For purposes of this section, "affordable housing obligation" means the requirement imposed by a county, regardless of the date of its imposition, to develop vacant lots, single-family residences, multi-family residences, or any other type of residence for sale or rent to individuals within a specified income range."
SECTION 2. Nothing in this Act shall amend the terms and conditions agreed to by the department of Hawaiian home lands and any county for any affordable housing credits already issued to the department of Hawaiian home lands prior to the effective date of this Act.
SECTION 3. Act 141, Session Laws of Hawaii 2009, is amended by amending section 3 to read as follows:
"SECTION 3. This Act shall take effect on
July 1, 2009; provided that on [June 30, 2015,] July 1, 2019, this
Act shall be repealed and section 46-15.1, Hawaii Revised Statutes, shall be
reenacted in the form in which it read on the day before the approval of this
Act."
SECTION 4. Act 98, Session Laws of Hawaii 2012, is amended by amending section 3 to read as follows:
"SECTION 3. This
Act shall take effect upon its approval, and shall be repealed on [June 30,
2015;] July 1, 2019; provided that section [46-15.1(b),] 46-15.1,
Hawaii Revised Statutes, shall be reenacted pursuant to section 3 of Act 141,
Session Laws of Hawaii 2009[.] and section 11 of Act 96, Session Laws
of Hawaii 2014."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on June 29, 2015.
Report Title:
Hawaiian Home Lands; Affordable Housing Credits
Description:
Requires that twenty-five per cent of proceeds from the transfer of credits be used by DHHL to develop rentals. Requires Kauai County and City & County of Honolulu to enter into MOA with DHHL to issue credits. Extends the sunset date for affordable housing credits for affordable housing developed on Hawaiian home lands by 4 years. (HB142 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.