Bill Text: HI HB1089 | 2010 | Regular Session | Introduced
Bill Title: Counties; Dedication
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1089 Detail]
Download: Hawaii-2010-HB1089-Introduced.html
Report Title:
Counties; Dedication
Description:
Requires counties to accept a public infrastructure dedication that has been developed as part of a housing project within sixty days of the dedication request.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1089 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DEDICATION OF HOUSING INFRASTRUCTURE TO COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In August 2007, Hawaii accepted an invitation by the United States Department of Housing and Urban Development to join the National Call to Action for Affordable Housing through Regulatory Reform. The Call to Action presented an opportunity for Hawaii to receive technical assistance from the federal government and collaborate with other states, counties, municipalities, and organizations to knock down the barriers imposed by governments in hopes of building more affordable housing. Governor Lingle convened a statewide task force comprised of representatives from the counties, business, labor, developers, architects, nonprofit providers of services, and the State to carry out the mission of the Call to Action and recommend solutions to address barriers to affordable housing. Accordingly, the purpose of this Act is to implement the legislative recommendations of the task force.
The legislature recognizes that the need for more affordable housing in Hawaii remains a significant problem affecting all segments of society. Although there is a process in place that provides an opportunity to review affordable housing projects proposals in an expedited manner at the state and county levels, delays arise when counties do not act timely to affirmatively accept public infrastructure that has been developed as part of a housing project. The purpose of this Act is to require counties to accept a public infrastructure dedication that has been developed as part of a housing project when the infrastructure has been constructed to applicable county standards within sixty days of the dedication request to ensure that the delivery of affordable housing is not delayed.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Time limit on acceptance of dedication of housing infrastructure to counties. A county shall accept a dedication request by the developer of a housing project constructed under chapter 201H, Hawaii Revised Statutes, to connect the project's infrastructure to the county's infrastructure, including but not limited to its roadways, and water, sewer, and drainage systems, upon the payment of the applicable meter and connection fees and utility costs; provided that the infrastructure conforms to applicable county building codes; and provided further that the dedicated infrastructure is certified to be in compliance by either the county inspector responsible for accepting dedicated infrastructure, or a licensed, third-party building inspector. If the infrastructure dedication is not accepted by the county within sixty days of the dedication request, the infrastructure shall be automatically dedicated to the county.
For the purposes of this section "third-party building inspector" means a licensed private sector inspector that is contracted by a state or county agency to perform building plan review functions including but not limited to building inspections, mechanical inspections, electrical inspections, and plumbing inspections."
SECTION 3. Section 264-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) All roads, alleys, streets, ways, lanes, trails, bikeways, and bridges in the State, opened, laid out, or built by private parties and dedicated or surrendered to the public use, are declared to be public highways or public trails as follows:
(1) Dedication of public highways or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway or trail and naming the county as grantee in the case of a county highway or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway or the board of land and natural resources in the case of a state trail. In the case of a county highway or county trail, the deed shall be delivered to and accepted by the legislative body of a county.
(2) Surrender of public highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted the same as a county highway or trail.
(3) Dedication of public highways or trails by request of a developer to a county shall be deemed to have taken place if the road, alley, street, bikeway, way, lane, trail, or bridge is part of a housing project developed pursuant to chapter 201H;, provided that it conforms to applicable county building codes; and provided further that the dedicated infrastructure is certified to be in compliance by either the county inspector responsible for accepting dedicated infrastructure, or a licensed third-party building inspector. Dedication shall be deemed to have taken place if the infrastructure dedication is not accepted by the county within sixty days of the dedication request.
For the purposes of subsection (3) "third-party building inspector" means a licensed private sector inspector that is contracted by a state or county agency to perform building plan review functions including but not limited to building inspections, mechanical inspections, electrical inspections, and plumbing inspections.
In every case where the road, alley, street, bikeway, way, lane, trail, bridge, or highway is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law, the legislative body of the county shall accept the dedication or surrender of the same without exercise of discretion."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request
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