Bill Text: HI SB2903 | 2022 | Regular Session | Introduced
Bill Title: Relating To Affordable Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-31 - Re-Referred to HOU/GVO, JDC/WAM. [SB2903 Detail]
Download: Hawaii-2022-SB2903-Introduced.html
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THE SENATE |
S.B. NO. |
2903 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to affordable housing.
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 (a) to read as follows:
"(a) Notwithstanding any law
to the contrary, any county shall have and may exercise the same powers, subject
to applicable limitations, as those granted the Hawaii housing finance and
development corporation pursuant to chapter 201H insofar as those powers may be
reasonably construed to be exercisable by a county for the purpose of
developing, constructing, and providing low- and moderate-income housing; provided
that no county shall be empowered to cause the State to issue general
obligation bonds to finance a project pursuant to this section; provided
further that county projects shall be granted an exemption from general excise
or receipts taxes in the same manner as projects of the Hawaii housing finance
and development corporation pursuant to section 201H-36; and provided further
that section 201H-16 shall not apply to this section unless federal guidelines
specifically provide local governments with that authorization and the
authorization does not conflict with any state laws. The powers shall include the power, subject
to applicable limitations, to:
(1) Develop
and construct dwelling units, alone or in partnership with developers;
(2) Acquire
necessary land by lease, purchase, exchange, or eminent domain;
(3) Provide
assistance and aid to a public agency or other person in developing and
constructing new housing and rehabilitating existing housing for elders of low-
and moderate-income, other persons of low- and moderate-income, and persons displaced
by any governmental action, by making long-term mortgage or interim
construction loans available;
(4) Contract
with any eligible bidders to provide for construction of urgently needed
housing for persons of low- and moderate-income;
(5) Guarantee
the top twenty-five per cent of the principal balance of real property mortgage
loans, plus interest thereon, made to qualified borrowers by qualified lenders;
(6) Enter
into mortgage guarantee agreements with appropriate officials of any agency or
instrumentality of the United States to induce those officials to commit to
insure or to insure mortgages under the National Housing Act, as amended;
(7) Make
a direct loan to any qualified buyer for the downpayment required by a private
lender to be made by the borrower as a condition of obtaining a loan from the
private lender in the purchase of residential property;
(8) Provide
funds for a share, not to exceed fifty per cent, of the principal amount of a
loan made to a qualified borrower by a private lender who is unable otherwise
to lend the borrower sufficient funds at reasonable rates in the purchase of
residential property; and
(9) Sell
or lease completed dwelling units[.];
For purposes of this section, a limitation
is applicable to the extent that it may reasonably be construed to apply to a
county."
SECTION 2. Section 46-123, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-123[]] General authorization. Any county by ordinance may authorize the
executive branch of the county to enter into a development agreement with any
person having a legal or equitable interest in real property, for the development
of such property in accordance with this part; provided that such an ordinance
shall:
(1) Establish procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in the property, in accordance with this part;
(2) Designate a county executive agency to administer the agreements after such agreements become effective;
(3) Include provisions to require the designated agency to conduct a review of compliance with the terms and conditions of the development agreement, on a periodic basis as established by the development agreement; and
(4) Include provisions establishing reasonable
time periods for the review and appeal of modifications of the development
agreement[.];
provided that, for housing developments in which sixty
per cent of all units are sold at an affordable rate, each county shall allow a
public or private developer to pay any costs associated with county regulation of
the development at the completion of the development; provided further that a developer
that fails to pay the appropriate regulatory costs upon completion of a project
shall be subject to a penalty fee, in addition to other applicable fees, equal to
twice the regulatory costs of the project. Each county shall establish rules for the enforcement
of the penalty fee, including the deadline for payment of the fee. For developers organized as a limited liability
company, members and managers shall be jointly and severally liable for the penalty
fee. For purposes of the foregoing, "affordable
rate" means a price that meets the definition of "affordable housing"
in section 46‑15.25."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval; provided that the amendments made to section 46.15.1, Hawaii Revised Statutes, by this Act shall not be repealed when that section is repealed and reenacted on July 1, 2024, pursuant to sections 1 and 2 of Act 80, Session Laws of Hawaii 2019.
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INTRODUCED BY: |
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Report Title:
Regulatory Costs; Affordable Housing
Description:
Requires counties to allow housing developers to pay regulatory costs after the completion of a project when the project includes at least sixty per cent affordable units.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
