Bill Text: HI HB1866 | 2018 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2018-02-06 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL with none voting aye with reservations; none voting no (0) and Representative(s) Har, Kong, Souki excused (3). [HB1866 Detail]
Download: Hawaii-2018-HB1866-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1866 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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 the State of Hawaii has a housing crisis. In the department of business, economic development and tourism's report, Measuring Housing Demand in Hawaii 2015-2025 published on April 2015, the forecasted demand for additional housing units by county is 25,847 units for Honolulu, 19,610 for Hawaii, 13,949 for Maui, and 5,287 for Kauai during 2015-2025.
The city and county of Honolulu's draft of its affordable housing strategy states: "The marketplace is not building enough affordable housing to keep up with demand. Many people live in overcrowded homes, spend more than 45% of their incomes on combined housing and transportation costs, or are homeless and living on the streets. Oahu would need more than 24,000 additional housing units to address pent-up demand combined with new household formation by 2016. Over 18,000 or 75% of the total projected demand is for households earning less than 80% of area median income (AMI), or $76,650 for a family of four."
While government's own studies show the projected lack of supply of housing over the next ten years, none of the counties have formulated and proposed any possible solutions to increase the production of housing in Hawaii to meet the projected demand through reforming entitlement processes, as well as long-range planning for infrastructure investment.
Hawaii's comprehensive land use system and policies, coupled with an overlapping county entitlement process, are the dominant reasons for why there is a severe housing shortage in the State. The aggregate land area for all islands is about four million acres with roughly half designated as agricultural and the other half allocated to conservation. About two hundred thousand acres or five per cent of island lands are designated as urban and available for development.
In order to address this crisis, the legislature finds that it is in the State's best interest to streamline the process of delivering more housing by aligning state and county processes to ensure that there is sufficient developable land and infrastructure to support the additional housing units required and establish housing production goals for each county with a streamlined approval process when production goals are not met.
SECTION 2. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:
"§205-4 Amendments to district boundaries involving land areas greater than fifteen acres. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H-38. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.
(b) Upon proper filing of a petition pursuant to subsection (a) the commission shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.
(c)
Any other provision of law to the contrary notwithstanding, notice of
the hearing together with a copy of the petition shall be served on the county
planning commission and the county planning department of the county in which
the land is located and all persons with a property interest in the land as
recorded in the county's real property tax records. In addition, notice of the hearing shall be
mailed to all persons who have made a timely written request for advance notice
of boundary amendment proceedings, and public notice shall be given at least
once in the county in which the land sought to be redistricted is situated as
well as once statewide at least thirty days in advance of the hearing. The notice shall comply with section 91-9,
shall indicate the time and place that maps showing the proposed district
boundary may be inspected, and further shall inform all interested persons of
their rights under subsection [(e).] (g).
(d) Notwithstanding any other law to the contrary,
upon approval by the appropriate county land use decision-making authority by
ordinance, and with concurrence from the land use commission, boundary
amendments reflected in the general plan, development plan, community plan, or
sustainable community plan, shall be adopted in accordance with the approved
plans; provided that the quantitative annual housing production goals are
agreed upon by the Hawaii housing finance and development corporation for each
of the following income categories:
(1) Market: One hundred forty per cent or more of the area
median income;
(2) Workforce: Eighty per cent to less than one hundred forty
per cent of the area median income;
(3) Moderate
Income: Sixty per cent to less than
eighty per cent of the area median income;
(4) Low Income: Thirty per cent to less than sixty per cent of
the area median income; and
(5) Very Low Income: Less than thirty per cent of the area median
income.
No further action from the commission will be
necessary.
(e) All agencies responsible for providing public
infrastructure to areas of planned growth requiring boundary amendments adopted
pursuant to subsection (d) are encouraged to prepare a budget within one year
of the effective date of the amendment that will prioritize funding for all
infrastructure required to support the planned growth reflected in the adopted
general plan, development plan, community plan, or sustainable community plan.
[(d)]
(f) Any other provisions of law
to the contrary notwithstanding, prior to hearing of a petition the commission
and its staff may view and inspect any land which is the subject of the
petition.
[(e)]
(g) Any other provisions of law
to the contrary notwithstanding, agencies and persons may intervene in the
proceedings in accordance with this subsection.
(1) The petitioner, the office of planning, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change;
(2) All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention;
(3) All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention;
(4) All other persons may apply to the commission for leave to intervene as parties. Leave to intervene shall be freely granted; provided that the commission or its hearing officer, if one is appointed, may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that:
(A) The position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and
(B) The admission of additional parties will render the proceedings inefficient and unmanageable.
A person whose application to intervene is denied may appeal the denial to the circuit court pursuant to section 91-14; and
(5) The commission, pursuant to chapter 91, shall adopt rules governing the intervention of agencies and persons under this subsection. The rules shall without limitation establish:
(A) The information to be set forth in any application for intervention;
(B) The limits within which applications shall be filed; and
(C) Reasonable filing fees to accompany applications.
[(f)]
(h) Together with other witnesses
that the commission may desire to hear at the hearing, it shall allow a
representative of a citizen or a community group to testify who indicates a
desire to express the view of such citizen or community group concerning the
proposed boundary change.
[(g)]
(i) Within a period of not more
than three hundred sixty-five days after the proper filing of a petition,
unless otherwise ordered by a court, or unless a time extension, which shall
not exceed ninety days, is established by a two-thirds vote of the members of
the commission, the commission, by filing findings of fact and conclusions of
law, shall act to approve the petition, deny the petition, or to modify the
petition by imposing conditions necessary to uphold the intent and spirit of
this chapter or the policies and criteria established pursuant to section
205-17 or to assure substantial compliance with representations made by the
petitioner in seeking a boundary change.
The commission may provide by condition that absent substantial
commencement of use of the land in accordance with such representations, the
commission shall issue and serve upon the party bound by the condition an order
to show cause why the property should not revert to its former land use
classification or be changed to a more appropriate classification. Such conditions, if any, shall run with the
land and be recorded in the bureau of conveyances.
[(h)]
(j) No amendment of a land use
district boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 and part III of this chapter, and consistent with
the policies and criteria established pursuant to sections 205-16 and
205-17. Six affirmative votes of the
commission shall be necessary for any boundary amendment under this section.
[(i)]
(k) Parties to proceedings to
amend land use district boundaries may obtain judicial review thereof in the
manner set forth in section 91-14, provided that the court may also reverse or
modify a finding of the commission if such finding appears to be contrary to
the clear preponderance of the evidence.
[(j)]
(l) At the hearing, all parties
may enter into appropriate stipulations as to findings of fact, conclusions of
law, and conditions of reclassification concerning the proposed boundary
change. The commission may but shall not
be required to approve such stipulations based on the evidence adduced."
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Land Use; Boundaries; Housing Development
Description:
Upon approval by a county land use decision-making authority, and with concurrence from the Land Use Commission, requires boundary amendments reflected in county land use plans to be adopted in accordance with such approved plans. (HB1866 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
