Bill Text: HI SB2325 | 2022 | Regular Session | Introduced
Bill Title: Relating To Counties.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-01-24 - Referred to HOU/GVO, WAM . [SB2325 Detail]
Download: Hawaii-2022-SB2325-Introduced.html
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THE SENATE |
S.B. NO. |
2325 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to counties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In August 2007, Hawaii accepted an invitation by the United States Department of Housing and Urban Development to join the national call to action for affordable housing through regulatory reform. 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 knock down the barriers imposed by governments in hopes of building more affordable housing. A statewide task force was convened, comprising of representatives from the counties, businesses, laborers, developers, architects, nonprofit providers of services, and the State, to answer the call to action and recommend solutions to address barriers to affordable housing.
The legislature recognizes that the need for more affordable housing in Hawaii remains a significant challenge affecting all segments of society. Although there is a process in place that provides an opportunity to review affordable housing project proposals in an expedited manner at the state and county levels, delays arise when counties do not act timely to affirmatively accept public infrastructure that has been developed as part of a housing project.
The purpose of this Act is to clarify that absent an affirmative acceptance or rejection by a county, a request for dedication of infrastructure, which connects an affordable housing project's infrastructure to the county's infrastructure, is deemed accepted within sixty days of the request.
SECTION 2. Section 46-15.25, Hawaii Revised Statutes, is amended to read as follows:
"§46-15.25 Infrastructure
dedication; affordable housing. (a) Infrastructure
for affordable housing shall be deemed dedicated to the county if the county
does not accept or reject the request for dedication [of infrastructure]
to connect the affordable housing's infrastructure to the county's infrastructure
within sixty days of the receipt by the appropriate county council of a
completed application for dedication request; provided that:
(1) Applicable meter and connection fees and utility costs relating to the dedicated infrastructure have been paid;
(2) The dedicated
infrastructure conforms to applicable county standards in effect at the time of
construction; [and]
(3) The completion of
the improvements comprising a dedicated infrastructure is granted approval by
the county[.]; and
(4) The dedicated infrastructure
is certified to be in compliance by either the county inspector responsible for
accepting dedicated infrastructure or a third‑party building inspector.
(b) For the purposes of this section:
"Affordable housing" means housing that is affordable to households with incomes at or below one hundred forty per cent of the median family income as determined by the United States Department of Housing and Urban Development.
"Infrastructure" includes water, drainage, sewer, electrical, waste disposal and waste treatment systems, road, and street lighting that connect to the infrastructure of the county.
"Third-party building inspector" means a licensed private sector inspector that is contracted by a state or county agency to perform building plan review functions, including but not limited to building, mechanical, electrical, and plumbing inspections."
SECTION 3. Section 264-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
All highways, roads, alleys, streets, ways, bikeways, bridges, and
trails in the State, opened, laid out, or built by private parties and dedicated
or condemned to the public use, are declared to be public highways or public trails
as follows:
(1) Dedication
of public highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or
trails shall be by deed of conveyance naming the State as grantee in the case
of a state highway, road, alley, street, way, lane, bikeway, bridge, or trail
and naming the county as grantee in the case of a county highway, road, alley,
street, way, lane, bikeway, bridge, or trail.
The deed of conveyance shall be delivered to and accepted by the
director of transportation in the case of a state highway, road, alley, street,
way, lane, bikeway, or bridge, or the board of land and natural resources in
the case of a state trail. In the case
of a county highway, road, alley, street, way, lane, bikeway, bridge, or county
trail, the deed shall be delivered to and accepted by the legislative body of a
county; provided that in every case where the highway, road, alley, street,
way, lane, bikeway, bridge, or county trail is constructed and completed as
required by any ordinance of the county or any rule, regulation, or resolution
thereof having the effect of law, the legislative body of the county shall
accept the dedication of the same without exercise of discretion; [and]
(2) Dedication
of public highways or trails by request of a developer to a county shall be deemed
to have taken place if the highway road, alley, street, way, lane, bikeway, bridge,
or trail is part of an affordable housing project developed pursuant to chapter
201H; provided that it conforms to applicable county building codes; provided further
that the dedicated infrastructure is certified to be in compliance by either
the county inspector responsible for accepting dedicated infrastructure, or a licensed
third-party building inspector. Dedication
shall be deemed to have taken place if the infrastructure dedication is not accepted
by the county within sixty days of the dedication requests. For the purposes of this paragraph, "third-party
building inspector" has the same meaning as defined in section 46-15.25; and
[(2)] (3)
Condemnation of public highways, roads,
alleys, streets, ways, lanes, bikeways, bridges, or trails initiated by the
State or county pursuant to chapter 101, shall be by final order of
condemnation by a court; provided that any private owner of a highway, road, alley,
street, way, lane, bikeway, bridge, or trail may petition the mayor of the
county in which the highway, road, alley, street, way, lane, bikeway, bridge,
or trail is located to initiate condemnation proceedings if the highway, road,
alley, street, way, lane, bikeway, bridge, or trail is part of a public road,
ownership has not been exercised by limiting use or access, or the State or
county has provided some form of maintenance to the highway, road, alley,
street, way, lane, bikeway, bridge, or trail in the interest of the public;
provided further that a private owner may only petition the mayor of a county
after the dissolution of the roads commission established by Act 194, Session
Laws of Hawaii 2016; provided further that in every case where the highway,
road, alley, street, way, lane, bikeway, bridge, or trail is constructed and
completed as required by any ordinance of the county or any rule, regulation,
or resolution thereof having the effect of law at the time of construction and
completion, the highway, road, alley, street, way, lane, bikeway, bridge, or
trail shall be exempt from meeting the construction standards in place at the
time of condemnation by the State or county."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Counties; Infrastructure Dedication; Affordable Housing
Description:
Clarifies that the request for dedication of infrastructure is to connect an eligible affordable housing's infrastructure to the county's infrastructure. Authorizes a licensed private building inspector, contracted by the State or county, to certify compliance with county standards. Establishes that dedication of infrastructure is deemed to have taken place if not accepted or rejected by the county within 60 days.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
