Bill Text: HI SB117 | 2020 | Regular Session | Introduced
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB117 Detail]
Download: Hawaii-2020-SB117-Introduced.html
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THE SENATE |
S.B. NO. |
117 |
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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. The legislature finds that the forty-five day window for a legislative body to approve, approve with modification, or disapprove an affordable housing project submitted pursuant to section 201H-38, Hawaii Revised Statutes, is an inadequate amount of time to have a meaningful discussion on a proposed project. The legislature further finds that repealing the option for counties to approve projects with modifications and allowing sixty days will still provide for an expedited review while increasing the amount of time the legislative body of a county has to exercise its due diligence in evaluating a proposed project.
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] sixty
days after the corporation has submitted the preliminary plans and
specifications for the project to the legislative body. If on the [forty-sixth] sixty-first
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."
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.
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INTRODUCED BY: |
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Report Title:
Affordable Housing Projects
Description:
Increases the time the county councils have to review affordable housing projects from forty-five to sixty days. Repeals option for county councils to approve with modifications.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
