Bill Text: HI SB1145 | 2024 | Regular Session | Amended
Bill Title: Relating To Affordable Housing.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1145 Detail]
Download: Hawaii-2024-SB1145-Amended.html
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THE SENATE |
S.B. NO. |
1145 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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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 201H-38, Hawaii Revised Statutes, is amended to read as follows:
"§201H-38 Housing development; exemption from statutes,
ordinances, charter provisions, and rules.
(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
preliminary plans and specifications for the project shall include a
restrictive covenant that states that the units designated as affordable
housing, as described in the submitted project application, shall remain as
affordable housing in perpetuity;
[(3)] (4) 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)] (5) 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
(6) The
development is not within a special flood hazard area
as identified on the current Federal Emergency Management Agency's flood
insurance rate maps.
(b)
For the purposes of this section[, "government]:
"Affordable housing" has the
same meaning as in section 201H-57.
"Government assistance program" means a housing program qualified by the corporation and administered or operated by the corporation or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise."
SECTION 2. Section 201H-41, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The corporation may accept and approve
housing projects independently initiated by private developers that fully
comply with subsections (a) and (b). The
corporation may review the plans, specifications, districting, and zoning of
the project for the purpose of exempting the project from all statutes,
ordinances, charter provisions, and rules of any government agency relating to
zoning and construction standards for subdivisions, development, and
improvement of land and the construction, improvement, and sale of dwelling
units thereon; provided that the procedures in section 201H-38(a)(1), (2), [and]
(3), and (4) have been satisfied."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Affordable Housing; Housing Projects; Affordability; Perpetuity
Description:
Requires that Hawaii Housing Finance and Development Corporation housing projects include a restrictive covenant that states that the units designated as affordable housing, as described in the submitted project application, shall remain as affordable housing in perpetuity. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
