Bill Text: HI HB260 | 2021 | Regular Session | Introduced
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2021-02-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Ganaden, Lowen, McKelvey, Perruso, Quinlan, Tokioka, Wildberger voting aye with reservations; Representative(s) DeCoite, Kapela, Okimoto voting no (3) and Representative(s) Eli, Gates, Hashimoto excused (3). [HB260 Detail]
Download: Hawaii-2021-HB260-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
260 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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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.
The legislature finds that Hawaii has been struggling with the issue of
affordable housing for decades. Challenges
range from land and infrastructure costs to funding, over-regulation, and permitting. According to the department of business, economic
development, and tourism report "Measuring Housing Demand in Hawaii,
2015-2025", the forecast demand for additional housing units in the
counties totals 64,693 during the 2015-2025 period. The legislature recognizes the immense housing
supply problem in the State and that creative solutions are needed to build
more housing at all price points.
The legislature recognizes that
the land use commission is responsible for the classification of certain land
parcels into the urban, rural, agricultural, and conservation districts. The land use commission also acts on land use
district boundary amendment petitions involving the reclassification of lands in
the conservation district, land areas greater than fifteen acres, and lands delineated
as important agricultural lands.
Enabling the counties to reclassify certain lands intended for affordable housing development will make larger scale projects economically feasible for infrastructure to be built, such as a water treatment plant or connectivity to an existing sewer system, which are added costs that smaller projects cannot absorb. Opening up land for affordable housing projects will also facilitate the State's goal of increasing the supply of much needed affordable housing while being budget neutral to the State.
The purpose of this Act is to
allow the counties to reclassify lands that are fifteen to one hundred acres in
certain rural, urban, and agricultural districts in which at least fifty per
cent of the housing units on the land to be classified are set aside for
persons and families with incomes at or below one hundred forty per cent of the
area median income.
SECTION 2. Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:
"(a) [District] Except for lands under subsection
(b)(3), district boundary amendments involving lands in the conservation
district, land areas greater than fifteen acres, or lands delineated as
important agricultural lands shall be processed by the land use commission
pursuant to section 205-4.
(b) Any department or agency of the State, and
department or agency of the county in which the land is situated, or any person
with a property interest in the land sought to be reclassified may petition the
appropriate county land use decision-making authority of the county in which
the land is situated for a change in the boundary of a district involving lands
[less]:
(1) Less than
fifteen acres presently in the rural and urban districts [and lands less];
(2) Less than
fifteen acres in the agricultural district that are not designated as important
agricultural lands[.]; and
(3) Fifteen to one hundred acres in the rural and urban districts and fifteen to one hundred acres in the agricultural district that are not designated as important agricultural lands; provided that at least fifty per cent of the housing units on the land sought to be reclassified under this paragraph are set aside for persons and families with incomes at or below one hundred forty per cent of the area median income.
(c) District boundary amendments involving land
areas [of fifteen acres or less, except as provided] described in
subsection (b)[,] shall be determined by the appropriate county land use
decision-making authority for the district and shall not require consideration
by the land use commission pursuant to section 205-4; provided that such
boundary amendments and approved uses are consistent with this chapter. The appropriate county land use decision-making
authority may consolidate proceedings to amend state land use district
boundaries pursuant to this subsection, with county proceedings to amend the
general plan, development plan, zoning of the affected land, or such other
proceedings. Appropriate ordinances and
rules to allow consolidation of such proceedings may be developed by the county
land use decision-making authority."
SECTION 3. Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any department or agency of the State, any
department or agency of the county in which the land is situated, or any person
with a property interest in the land sought to be reclassified, may petition
the land use commission for a change in the boundary of a district. This section applies to all petitions for
changes in district boundaries of lands within conservation districts, lands
designated or sought to be designated as important agricultural lands, and
lands greater than fifteen acres in the agricultural, rural, and urban
districts, except as provided in [section] sections 201H-38[.]
and 205-3.1(b)(3). The land use
commission shall adopt rules pursuant to chapter 91 to implement section
201H-38."
SECTION 4. Statutory material to be repealed is bracketed and stricken. 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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Report Title:
Land Use; Counties; Reclassification; District Boundaries; Housing
Description:
Authorizes
the counties to reclassify lands 15 to 100 acres in certain rural, urban, and agricultural
districts in which at least 50 percent of the housing units on the land sought
to be reclassified are set aside for persons and families with incomes at or
below 140 percent of the area median income.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
