Bill Text: HI HB2516 | 2020 | Regular Session | Introduced
Bill Title: Relating To Affordable Housing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-27 - Referred to HSG/WLH, FIN, referral sheet 5 [HB2516 Detail]
Download: Hawaii-2020-HB2516-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2516 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to affordable housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201H-38, Hawaii Revised Statutes, is amended to read as follows:
"§201H-38 Housing development; exemption from statutes,
ordinances, charter provisions, and rules.
(a) The corporation may develop on behalf of the
State or with an eligible developer, or may assist under a government
assistance program in the development of, housing projects that shall be exempt
from all statutes, ordinances, charter provisions, and rules of any government
agency relating to planning, zoning, construction standards for subdivisions,
development and improvement of land, and the construction of dwelling units
thereon; provided that:
(1) The
corporation finds the housing project is consistent with the purpose and intent
of this chapter, and meets minimum requirements of health and safety;
(2) The
development of the proposed housing project does not contravene any safety
standards, tariffs, or rates and fees approved by the public utilities
commission for public utilities or of the various boards of water supply
authorized under chapter 54;
(3) If the project
is to be constructed in a county having a population of more than one hundred thousand
but less than one million, the preliminary plans and specifications for the project
shall include a:
(A) Certification
by the corporation that the project is consistent with the county's general plan;
or
(B) Restrictive covenant that all units of the project
shall be affordable housing in perpetuity;
[(3)] (4)
The legislative body of the county in
which the housing project is to be situated shall have approved the project with
or without modifications:
(A) The
legislative body shall approve, approve with modification, or disapprove the
project by resolution within forty-five days after the corporation has
submitted the preliminary plans and specifications for the project to the
legislative body. If on the forty-sixth
day a project is not disapproved, it shall be deemed approved by the
legislative body;
(B) No
action shall be prosecuted or maintained against any county, its officials, or employees
on account of actions taken by them in reviewing, approving, modifying, or
disapproving the plans and specifications; and
(C) The
final plans and specifications for the project shall be deemed approved by the
legislative body if the final plans and specifications do not substantially
deviate from the preliminary plans and specifications. The final plans and specifications for the
project shall constitute the zoning, building, construction, and subdivision
standards for that project. For purposes
of sections 501-85 and 502-17, the executive director of the corporation or the
responsible county official may certify maps and plans of lands connected with
the project as having complied with applicable laws and ordinances relating to
consolidation and subdivision of lands, and the maps and plans shall be
accepted for registration or recordation by the land court and registrar; and
[(4)] (5)
The land use commission shall approve,
approve with modification, or disapprove a boundary change within forty-five days
after the corporation has submitted a petition to the commission as provided in
section 205-4. If, on the forty-sixth
day, the petition is not disapproved, it shall be deemed approved by the
commission.
(b)
For the purposes of this section[, "government]:
"Affordable housing" shall have
the same meaning as in section 201H-57.
"Government assistance program" means a housing program qualified by the corporation and administered or operated by the corporation or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise."
SECTION 2. Section 201H-41, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The corporation may accept and approve
housing projects independently initiated by private developers that fully
comply with subsections (a) and (b). The
corporation may review the plans, specifications, districting, and zoning of
the project for the purpose of exempting the project from all statutes,
ordinances, charter provisions, and rules of any government agency relating to
zoning and construction standards for subdivisions, development, and improvement
of land and the construction, improvement, and sale of dwelling units thereon;
provided that the procedures in section 201H-38(a)(1), (2), [and] (3),
and (4) have been satisfied."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Affordable Housing; County General Plan; Housing Projects
Description:
Requires that projects under chapter 201H, HRS, in a county having a population of more than 100,000 but less than 1,000,0000 be consistent with the county general plan or require that all units of the project shall be affordable housing in perpetuity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
