Bill Text: HI HB397 | 2019 | Regular Session | Introduced
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to HSG/WLH, JUD, FIN, referral sheet 3 [HB397 Detail]
Download: Hawaii-2019-HB397-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
397 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Hawaii's housing market suffers from a persistent shortage of housing, particularly housing that is affordable to Hawaii's workforce and lower income groups. Of the approximately 64,700 housing units that are projected to be needed between 2015 and 2025, nearly eighty-nine per cent, about 57,500 units, will be needed by these working and lower income groups who earn one-hundred forty per cent or less of the area median income. Of these, approximately 43,800 units will be needed for renter households. The special action team on affordable rental housing has determined that additional incentives are needed to spur rental housing development to meet this considerable demand.
The legislature finds that current law establishes a forty-five day entitlement approval process for affordable housing projects seeking district boundary amendments from the state land use commission or county approvals and exemptions relating to planning, zoning, subdivision construction standards, land development and improvement, or construction of dwelling units. However, the current statute does not address boundary amendment applications for certain parcels of land of fifteen acres or less, which are submitted to county agencies rather than to the land use commission. Establishing a forty-five day approval process for affordable housing projects seeking district boundary amendments from the counties will expedite governmental approvals and save time and money. These time and cost savings will serve as an incentive to spur housing development.
The legislature also finds that there is a lack of clarity in the entitlement application process for affordable housing projects in a community development district administered by the Hawaii community development authority. Requiring consultation with the authority for construction, renovation, or improvement of affordable housing projects in a community development district, in the same way that consultation is currently required for county and state public works projects, will improve clarity and transparency in the process.
SECTION 2. Section 201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
The corporation may develop on behalf of the State or with an eligible
developer, or may assist under a government assistance program in the development
of, housing projects that shall be exempt from all statutes, ordinances,
charter provisions, and rules of any government agency relating to planning,
zoning, construction standards for subdivisions, development and improvement of
land, and the construction of dwelling units thereon; provided that:
(1) The
corporation finds the housing project is consistent with the purpose and intent
of this chapter, and meets minimum requirements of health and safety;
(2) The
development of the proposed housing project does not contravene any safety
standards, tariffs, or rates and fees approved by the public utilities
commission for public utilities or of the various boards of water supply
authorized under chapter 54;
(3) The
legislative body of the county in which the housing project is to be situated
shall have approved the project with or without modifications:
(A) The
legislative body shall approve, approve with modification, or disapprove the
project by resolution within forty-five days after the corporation has
submitted the preliminary plans and specifications for the project to the
legislative body. If on the forty-sixth
day a project is not disapproved, it shall be deemed approved by the
legislative body;
(B) No
action shall be prosecuted or maintained against any county, its officials, or
employees on account of actions taken by them in reviewing, approving,
modifying, or disapproving the plans and specifications; and
(C) The
final plans and specifications for the project shall be deemed approved by the
legislative body if the final plans and specifications do not substantially
deviate from the preliminary plans and specifications. The final plans and specifications for the
project shall constitute the zoning, building, construction, and subdivision
standards for that project. For purposes
of sections 501-85 and 502-17, the executive director of the corporation or the
responsible county official may certify maps and plans of lands connected with
the project as having complied with applicable laws and ordinances relating to
consolidation and subdivision of lands, and the maps and plans shall be
accepted for registration or recordation by the land court and registrar; [and]
(4) The
land use commission shall approve, approve with modification, or disapprove a
boundary change within forty-five days after the corporation has submitted a
petition to the commission as provided in section 205-4. If, on the forty-sixth day, the petition is
not disapproved, it shall be deemed approved by the commission[.];
and
(5) The
appropriate county land use decision-making authority of the county in which
the project is located shall approve, approve with modification, or disapprove
a district boundary change involving land areas of fifteen acres or less as
provided in section 205-3.1(b) and (c) within forty-five days after the
corporation has submitted a petition to the county land use decision-making
authority. If on the forty-sixth day the petition is not disapproved, it shall
be deemed approved by the county land use decision-making authority."
SECTION 3. Section 206E-13, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-13[]]
Public projects. Any project
or activity of any county or agency of the State, or an eligible housing
project developed pursuant to section 20lH-38, in a designated district
shall be constructed, renovated, or improved in consultation with the
authority."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Affordable Housing; County District Boundary Amendments; Hawaii Community Development Authority
Description:
Establishes expedited county approvals for district boundary amendments for affordable housing projects on land areas fifteen acres or less. Requires consultation with the Hawaii Community Development Authority for affordable housing development within designated Community Development Districts.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
