Hawaii-2024-SB3333-Introduced

THE SENATE	S.B. NO.	3333
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to housing.

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

SECTION 1. Section 302A-1602, Hawaii Revised Statutes, is amended by amending the definition of "new residential development" to read as follows:

""New residential development" means new residential projects involving rezoned properties or parcels, current zoned parcels with or without buildings, and redevelopment projects. These projects include [~~subdivisions~~]:

(1) Subdivisions and other forms of "lot only" developments (when the dwelling units will not be built by the developer)[~~, and developments~~]; and

(2) Developments that include single-family and multi-family units[,] and condominiums, [~~and~~] but does not include additional or accessory dwelling units as defined by each county."

SECTION 2. Section 302A-1603, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The following shall be exempt from this section:

(1) Any form of housing permanently excluding school-aged children, with the necessary covenants or declarations of restrictions recorded on the property;

(2) Any form of housing that is or will be paying the transient accommodations tax under chapter 237D;

(3) All nonresidential development;

(4) Any development with an executed education contribution agreement or other like document with the authority or the department for the contribution of school sites or payment of fees for school land or school construction;

(5) Any form of housing developed by the department of Hawaiian home lands for use by beneficiaries of the Hawaiian Homes Commission Act, 1920, as amended; [~~and~~]

(6) Any form of development by the Hawaii community development authority pursuant to part of chapter 206E[.];

(7) Legally permitted additional or accessory dwelling units, as defined by the applicable county;

(8) Legally permitted ohana dwelling units, as defined by the applicable county; and

(9) Affordable rental housing projects developed pursuant to a county ordinance; provided that, at a minimum, the ordinance requires:

(A) At least eighty per cent of the total units to be rented to households earning one hundred per cent and below the area median income, as determined by the United States Department of Housing and Urban Development, and rented at or below the rental rate limits established by the United States Department of Housing and Urban Development for households earning one hundred per cent of the area median income for the applicable household size;

(B) Households occupying affordable rental housing units to have a lease for the unit with a minimum six month term and a prohibition against subleasing; and

(C) A complete application for a building permit to construct an affordable rental housing project to be approved or disapproved within ninety calendar days of receipt or the permit is deemed automatically approved."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 30, 2024; provided that:

(1) The amendments made to section 302A-1603(b), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2024, pursuant to Act 197, Session Laws of Hawaii 2021; and

(2) This Act shall be repealed on July 1, 2026, and:

(A) Section 302A-1602, Hawaii Revised Statutes, shall be reenacted in the form it read on the day before the effective date of this Act; and

(B) Section 302A-1603(b), Hawaii Revised Statutes, shall be reenacted in the form it read on the day before the effective date of Act 197, Session Laws of Hawaii 2021; provided that the amendments made to section 302A-1603(b), Hawaii Revised Statutes, by Act 97, Session Laws of Hawaii 2023, shall be retained when that section is reenacted pursuant to this Act.

INTRODUCED BY:	_____________________________