Bill Text: HI SB2464 | 2016 | Regular Session | Introduced


Bill Title: Housing; Homeless; New Residential Development Fee; Special Fund

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-01-27 - Referred to HOU, WAM. [SB2464 Detail]

Download: Hawaii-2016-SB2464-Introduced.html

THE SENATE

S.B. NO.

2464

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

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 majority of people become homeless after a housing or personal crisis.  Under the housing first approach, prompt assistance is offered to find stable, permanent housing without any conditions, followed by human services that may be needed.  A focus on helping individuals and families obtain permanent housing is consistent with what most people experiencing homelessness want and need.  Often times once individuals and families obtain permanent housing, they only need minimal, low-cost support to achieve independence.

     The purpose of this Act is to require the department of human services to establish and collect a new residential development fee from developers of certain new residential development projects and establish the homelessness and affordable housing special fund for the purposes of building, renting, and rehabilitating housing that shall be used as housing for the homeless.

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346-A  New residential development fees; establishment; collection.  (a)  The department shall establish and collect from developers a new residential development fee.  The fee shall be       per cent of the development and actual capitol cost of a multi-unit residential development project in the State; provided that construction of the development begins on or after           , and the development and actual capital cost exceeds $20,000,000.

     (b)  Preassessment and prepayment of fees shall be made as a condition precedent to the issuance of a grading or building permit for any development described in subsection (a) and shall be collected in full before or upon issuance of the permit.

     (c)  Upon collection, fees shall be deposited into the homelessness and affordable housing special fund established under section 346-B.  After completion of the development a postassessment and postpayment, or refund, as applicable, shall be made once the final actual capital costs have been determined and calculated for the development.

     (d)  The department shall adopt rules in accordance with chapter 91 for the purposes of this section."

     SECTION 3.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346-B  Homelessness and affordable housing special fund; established.  (a)  There is established in the state treasury the homelessness and affordable housing special fund, into which shall be deposited the following moneys:

     (1)  Appropriations made by the legislature to the fund; and

     (2)  New residential development fees assessed and collected pursuant to section 346-A.

     (b)  The department may expend moneys from the fund to build, rent, or rehabilitate housing for the homeless.

     (c)  The department shall submit an expenditure report to the legislature, no later than twenty days prior to the convening of each regular session.

     (d)  The department shall adopt rules in accordance with chapter 91 for the purposes of this section."

     SECTION 4.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346-C  Cooperative agreements with other government agencies.  (a)  The department may:

     (1)  Obtain the aid and cooperation of other government agencies in the planning, construction, rehabilitation, and operation of housing for homeless and enter into agreements and arrangements as it deems advisable to obtain aid and cooperation; and

     (2)  Arrange or enter into agreements with any government agency for the acquisition by that agency of property, options, or property rights; for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks, or other places; for the furnishing of property, services, parks, sewage, water, and other facilities in connection with housing for homeless.

     (b)  For the purpose of aiding and cooperating in the planning, construction, rehabilitation, and operation of housing for homeless located within their respective territorial boundaries, the state or a county government, upon those terms, with or without consideration, as it determines, may:

     (1)  Dedicate, grant, sell, convey, or lease any of its property, or grant easements, licenses, or any other rights or privileges therein to the department;

     (2)  To the extent that it is within the scope of each of their respective functions:

         (A)  Cause the services customarily provided by each of them to be rendered for the benefit of housing for the homeless and the occupants thereof;

         (B)  Provide and maintain parks; and sewage, water, lights, and other facilities adjacent to or in connection with housing for the homeless;

         (C)  Open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other related facilities; and

          (D)  Change the map of a political subdivision or plan, replan, zone, or rezone any part of a political subdivision;

     (3)  Enter into agreements with the department with respect to the exercise of the State or county's powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings;

     (4)  Employ, notwithstanding any other law as to what constitutes legal investments, any available funds belonging to them or within their control, including funds derived from the sale or furnishing of property or facilities to the department, in the purchase of the bonds or other obligations of the department, and exercise all the rights of any holder of the bonds or other obligations;

     (5)  Do any and all things necessary or convenient to aid and cooperate in the planning, construction, rehabilitation, and operation of housing for homeless; and

     (6)  Enter into contracts with the department for any period agreeing to exercise any of the powers conferred by this subsection or to take any other action in aid of housing for homeless.

     In connection with the exercise of the powers conferred by this subsection, any political subdivision may incur the entire expense of any public improvements located within its territorial boundaries without assessment against abutting property owners.

     (c)  For the purpose of aiding and cooperating in the planning, construction, and operation of housing for homeless, the department of land and natural resources, the Hawaiian homes commission, and any other agency of the State having power to manage or dispose of its public lands, with the approval of the governor and with or without consideration, may grant, sell, convey, or lease for any period, any parts of such public lands, without limit as to area, to the department for the purpose of building, renting, or rehabilitation of housing for homeless.

     (d)  Any law to the contrary notwithstanding, any gift, grant, sale, conveyance, lease, or agreement provided for in this section may be made by the state or county government without appraisal, public notice, advertisement, or public bidding."

     SECTION 5.  In codifying the new sections added by sections 2, 3, and 4 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

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Report Title:

Housing; Homeless; New Residential Development Fee; Special Fund

 

Description:

Requires the department of human services to establish and collect a new residential development fee from developers for certain new residential development projects and establishes the homelessness and affordable housing special fund for the purposes of building, renting, and rehabilitating housing to be used as housing for the homeless.

 

 

 

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

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