Bill Text: HI HB361 | 2010 | Regular Session | Amended
Bill Title: Affordable Housing; Ministerial Permits
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB361 Detail]
Download: Hawaii-2010-HB361-Amended.html
Report Title:
Affordable Housing; Ministerial Permits
Description:
Expedites the construction of affordable housing units by requiring ministerial permits associated with the project to be issued by the State or county within 45 days of application. (HB361 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
361 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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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. In August 2007, Hawaii accepted an invitation from the United States Department of Housing and Urban Development to join the National Call to Action for Affordable Housing Through Regulatory Reform (Call to Action). The Call to Action presented an opportunity for Hawaii to receive technical assistance from the federal government and collaborate with other states, counties, municipalities, and organizations to eliminate government barriers to increase the building of more affordable housing. Governor Lingle convened a statewide task force comprised of representatives from county governments, business, labor, developers, architects, nonprofit organizations, the executive branch, and the legislature to carry out the Call to Action mission and recommend solutions to address barriers to affordable housing.
The State recognizes that the need for more affordable housing in Hawaii remains a significant problem affecting all segments of society. Although there is a process in place providing an opportunity to approve affordable housing project proposals in an expedited manner at the state and county levels, the ministerial permits issued subsequent to project approval may take a significant amount of time to issue. This delay adds costs to the affordable housing project that ultimately affects the buyer or renter, and lengthens the time it takes for the unit to be constructed and occupied.
Accordingly, the purpose of this Act is to implement the legislative recommendations of the governor's task force and place standard timeframes on agency issuance of ministerial permits for affordable housing projects.
SECTION 2. 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) 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) 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) State and county agencies shall issue any ministerial permits associated with any project approved pursuant to this section or section 46-15.1 within forty-five days from the time of application; provided that the review process for ministerial permits performed by any state or county agency is limited to not more than two comprehensive reviews.
[(b)](c) For the purposes of
this section[,]: "[government]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.
"Ministerial permits" means any nondiscretionary permit for which the permit administrator needs to determine only conformity with applicable ordinances before approving the project."
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, 2009.
