Bill Text: HI HB1403 | 2020 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB1403 Detail]
Download: Hawaii-2020-HB1403-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1403 |
|
THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§46- Certain
housing projects; automatic approval.
(a) A county shall approve,
approve with modification, or disapprove an application for a permit necessary
for development, pre-development, construction, or substantial rehabilitation
that:
(1) Commences on a
housing development project after July 1, 2019, and before July 1, 2026; and
(2) Uses moneys
from the rental housing revolving fund established under section 201H-202,
within sixty days of submission of a completed
permit application and full payment of any application fee.
(b) An application shall be eligible for approval
or approval with modifications pursuant to this section only if the project:
(1) Conforms with
existing state land use classifications;
(2) Is consistent
with existing county zoning classifications that allow housing; and
(3) Does not
require variances for shoreline setbacks or siting in an environmentally or
culturally sensitive area.
(c) If, on the sixty-first day, an application is
not approved, approved with modification, or disapproved by the county, the
application shall be deemed approved by the county.
(d) Permits issued pursuant to this section shall
contain the following language:
"This is a rental housing-related permit issued pursuant to section
46- , Hawaii Revised Statutes."
(e) An applicant shall comply with all applicable
safety and engineering requirements relating to the development, pre-development,
construction, or substantial rehabilitation of a housing development project.
(f) No action shall be prosecuted or maintained
against any county, its officials, or employees on account of actions taken in
reviewing, approving, modifying, or disapproving a permit application pursuant
to this section.
(g) The sixty-day time period established by
subsection (a) shall be extended in the event of a natural disaster or state
emergency that prevents the applicant, agency, or department from fulfilling
application review requirements.
(h) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice."
SECTION 2. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§343- Exception for certain housing projects. Notwithstanding any law to the contrary,
any development, pre-development, construction, or substantial rehabilitation
that:
(1) Commences on a
housing development project after July 1, 2019, and before July 1, 2026; and
(2) Uses moneys
from the rental housing revolving fund established under section 201H-202,
shall be exempt from the requirements of this
chapter."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2100; provided that section 2 shall be repealed when the administrative rules regarding the exemptions from the environmental impact statement requirements are adopted by the department of health.
Report Title:
Rental Housing Revolving Fund; County Permits; Environmental Impact Statements
Description:
Requires approval of a permit application submitted by a housing development project that uses moneys from the rental housing revolving fund if a county does not issue a decision on the application within sixty days, subject to certain requirements. Exempts the foregoing projects from environmental impact statement requirements until an update to administrative rules regarding exemptions to environmental impact statement requirements takes effect. (HB1403 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
