Bill Text: HI HB1808 | 2024 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB1808 Detail]
Download: Hawaii-2024-HB1808-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1808 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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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 while the Hawaii housing finance and development corporation may facilitate the development, construction, financing, refinancing, or other provision of mixed-income projects and mixed-use developments, including low- and moderate-income housing projects, the counties are not allowed to facilitate mixed-income projects and mixed-use developments. This is despite existing law giving the counties similar housing powers and the counties sharing a burden in promoting transit oriented development, urban revitalization, and the conversion of office and commercial space to residential space.
The purpose of this Act is to allow counties to share in the burden of facilitating the development, construction, financing, refinancing, or other provision of mixed-income projects and mixed-use developments, including low- and moderate-income housing projects, and issue county bonds for this purpose.
SECTION 2. Section 46-15.1, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Notwithstanding any law to the contrary, any
county shall have and may exercise the same powers, subject to applicable
limitations, as those granted the Hawaii housing finance and development
corporation pursuant to chapter 201H insofar as those powers may be reasonably
construed to be exercisable by a county for the purpose of developing,
constructing, [and] financing, refinancing,
or otherwise providing low- and moderate-income housing[;] projects,
mixed-income projects, and mixed-use developments; provided that no county shall be
empowered to cause the State to issue general obligation bonds to finance a
project pursuant to this section; provided further that county projects shall
be granted an exemption from general excise or receipts taxes in the same
manner as projects of the Hawaii housing finance and development corporation
pursuant to section 201H-36; and provided further that section 201H-16 shall
not apply to this section unless federal guidelines specifically provide local
governments with that authorization and the authorization does not conflict
with any state laws. The powers shall
include the power, subject to applicable limitations, to:
(1) Develop
and construct dwelling units, alone or in partnership with developers;
(2) Acquire
necessary land by lease, purchase, exchange, or eminent domain;
(3) Provide
assistance and aid to a public agency or other person in developing and
constructing new housing and rehabilitating existing housing for elders of low-
and moderate-income, other persons of low- and moderate-income, and persons
displaced by any governmental action, by making long-term mortgage or interim
construction loans available;
(4) Contract
with any eligible bidders to provide for construction of urgently needed
housing for persons of low- and moderate-income;
(5) Guarantee
the top twenty-five per cent of the principal balance of real property mortgage
loans, plus interest thereon, made to qualified borrowers by qualified lenders;
(6) Enter
into mortgage guarantee agreements with appropriate officials of any agency or instrumentality
of the United States to induce those officials to commit to insure or to insure
mortgages under the National Housing Act, as amended;
(7) Make
a direct loan to any qualified buyer for the downpayment required by a private
lender to be made by the borrower as a condition of obtaining a loan from the
private lender in the purchase of residential property;
(8) Provide
funds for a share, not to exceed fifty per cent, of the principal amount of a
loan made to a qualified borrower by a private lender who is unable otherwise
to lend the borrower sufficient funds at reasonable rates in the purchase of
residential property; and
(9) Sell
or lease completed dwelling units.
If there is an insufficient number of
persons or families who meet the income qualifying criteria for a particular
low- and moderate-income housing project, then the income-restricted housing
units may be made available to households with higher incomes to ensure full
occupancy of the housing project.
For purposes of this section, a limitation
is applicable to the extent that it may reasonably be construed to apply to a
county."
2. By amending subsections (f) and (g) to read:
"(f) The provisions of this section shall be
construed liberally so as to effectuate the purpose of this section in
facilitating the development, construction, [and provision of] financing,
refinancing, or other provision of low- and moderate-income housing projects,
mixed-income projects, and mixed-use developments by the various counties.
(g)
For purposes of this section[, "low and moderate income
housing"]:
"Low-
and moderate-income housing project" means any housing project that
meets the definition of "low- and moderate-income housing project" in
section 39A-281.
"Mixed-income project"
means any housing project that, in addition to low- and moderate-income housing
units, includes housing units for households with incomes higher than provided
under section 39A-281.
"Mixed-use development" has the same meaning as in section 201H-12(a)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000, and shall apply to bond proceeds expended by a county after December 31, 2023; provided that the amendments made to section 46-15.1, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 1, 2030, pursuant to:
(1) Section 3 of Act 141, Session Laws of Hawaii 2009, as amended by section 3 of Act 102, Session Laws of Hawaii 2015, as amended by section 1 of Act 80, Session Laws of Hawaii 2019, as amended by section 2 of Act 90, Session Laws of Hawaii 2023; and
(2) Section 3 of Act 98, Session Laws of Hawaii 2012, as amended by section 4 of Act 102, Session Laws of Hawaii 2015, as amended by section 50 of Act 55, Session Laws of Hawaii 2016, as amended by section 2 of Act 80, Session Laws of Hawaii 2019, as amended by section 3 of Act 90, Session Laws of Hawaii 2023.
Report Title:
Housing; County Powers; Mixed-Income Projects; Mixed-Use Developments
Description:
Expands the counties' authorization to exercise the same powers as the Hawaii housing finance and development corporation for purposes of developing, constructing, financing, refinancing, or providing mixed-income projects and mixed-use developments. Authorizes units in low- and moderate-income housing projects to be made available to households with higher incomes if there is an insufficient number of persons or families who meet income qualifying requirements. Applies to bond proceeds expended by a county after 12/31/23. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
