Bill Text: HI SB1199 | 2011 | Regular Session | Introduced

Hawaii Senate Bill 1199 (Prior Session Legislation)

Introduced

Bill Title: HHFDC; Affordable Housing; Exemptions; Public Input

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2011-02-10 - (S) The committee on WLH deferred the measure. [SB1199 Detail]

Download: Hawaii-2011-SB1199-Introduced.html

THE SENATE	S.B. NO.	1199
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to affordable housing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that chapter 201H, Hawaii Revised Statutes, authorizes the Hawaii housing finance and development corporation to develop or assist in the development of housing projects that are exempt from certain statutes, ordinances, charter provisions, and governmental agency rules, with certain exceptions. The intent of these exemptions is to created an expedited process that provides greater design flexibility and cost savings for affordable housing projects. A county agency usually processes applications for chapter 201H exemptions, but under certain circumstances developers may apply for the exemptions from the Hawaii housing finance and development corporation.

The legislature finds that although the chapter 201H expedited process is a useful tool, more precautions should be taken to ensure that communities can sustain the impact of housing projects and that potential issues and concerns are considered and addressed prior to approval of the exemptions.

The purpose of this Act is to require the Hawaii housing finance and development corporation and housing project developers to seek input from the public, legislators, and neighborhood board members as a precondition to the approval of an application for chapter 201H exemptions.

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) Prior to submitting any plans and specifications for the proposed housing project to another state or county agency for approval, the corporation or eligible developer, as the case may be, shall solicit input on the proposed housing project by:

(A) Conducting at least one public meeting; and

(B) Making at least one presentation on the proposed housing project to legislators and the neighborhood board or boards in the district in which the housing project is to be situated;

[~~(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."

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.

INTRODUCED BY:	_____________________________

Report Title:

HHFDC; Affordable Housing; Exemptions; Public Input

Description:

Requires the Hawaii housing finance and development corporation and housing project developers to seek input from the public, legislators, and neighborhood board members prior to the approval of an application for certain exemptions by the corporation.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.