Bill Text: HI SB2424 | 2018 | Regular Session | Amended
Bill Title: Relating To Housing For Native Hawaiians.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2018-04-26 - Received notice of discharge of conferees (Hse. Com. No. 682). [SB2424 Detail]
Download: Hawaii-2018-SB2424-Amended.html
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THE SENATE |
S.B. NO. |
2424 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HOUSING FOR NATIVE HAWAIIANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 107, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§107- Micro housing units; exemptions. (a)
Notwithstanding any county zoning laws to the contrary, the construction
and use of micro housing units shall be allowed on Hawaiian home lands approved
by the department of Hawaiian home lands and leased to individuals who meet the
minimum Hawaiian blood quantum requirement pursuant to section 209 of the
Hawaiian Homes Commission Act, 1920, as amended.
(b) For purposes of this section, "micro housing unit" means a dwelling unit with a total floor area of less than eight hundred square feet and that includes a bed, kitchen, kitchen sink, cooking and refrigeration appliances, and a partitioned-off bathroom containing a toilet and a bathtub or shower. "Micro housing unit" includes an accessory dwelling unit."
SECTION 2. Section 214, Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:
"(a) The department may make loans from revolving funds to any lessee or native Hawaiian to whom, or any cooperative association to which, a lease has been issued under section 207(a) of this Act or a license has been issued under section 207(c)(1)(B) of this Act. Such loans may be made for the following purposes:
(1) The repair or maintenance or purchase or erection of dwellings on any tract, and the undertaking of other permanent improvements thereon;
(2) The purchase of livestock, swine, poultry, fowl, aquaculture stock, and farm and aquaculture equipment;
(3) Otherwise assisting in the development of tracts and of farm, ranch, and aquaculture operations, including:
(A) The initial and on-going development, improvement, operation, and expansion of homestead farms, ranches, and aquaculture enterprises;
(B) The liquidation of indebtedness incurred for any of the foregoing purposes relating to farm loans aged less than five years;
(C) The payment of normal and reasonable living expenses of a full-time farmer;
(D) The planning, layout, and installation of soil and water conservation practices; and
(E) Providing relief and rehabilitation to homestead farmers and ranchers due to damage by rain and windstorms, droughts, tidal wave, earthquake, volcanic eruption, and other natural catastrophes, and for livestock disease, epidemics, crop blights, and serious effects of prolonged shipping and dock strikes;
(4) The cost of breaking up, planting, and
cultivating land and harvesting crops, the cost of excavating or constructing
aquaculture ponds and tanks, the purchase of seeds, fertilizers, feeds,
insecticides, medicines, and chemicals for disease and pest control for
animals, fish, shellfish, and crops, and the related supplies required for
farm, ranch, and aquaculture operations, the erection of fences and other
permanent improvements for farm, ranch, and aquaculture purposes and the
expense of marketing; [and]
(5) To assist licensees in the operation or
erection of theaters, garages, service stations, markets, stores, and other
mercantile establishments, all of which shall be owned by native Hawaiians or
by organizations formed and controlled by native Hawaiians[.]; and
(6) To provide
loans to qualifying lessees for the purchase or lease of micro housing units
for use on Hawaiian home lands; provided that:
(A) Each
loan shall not exceed $125,000; and
(B) The
department of Hawaiian home lands shall determine the criteria to be met by
lessees in order to qualify for loans pursuant to this paragraph, which shall
include meeting the minimum Hawaiian blood quantum requirement pursuant to
section 209 of this Act.
For purposes of this paragraph, "micro housing unit" means a dwelling unit with a total floor area of less than eight hundred square feet and that includes a bed, kitchen, kitchen sink, cooking and refrigeration appliances, and a partitioned-off bathroom containing a toilet and a bathtub or shower. "Micro housing unit" includes an accessory dwelling unit."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the construction of micro housing units as defined in section 107‑ , Hawaii Revised Statutes, to be matched on a dollar-for-dollar basis by funds awarded through the Native Community Development Financial Institutions Program; provided that:
(1) The cost of construction of each micro housing unit shall not exceed $125,000;
(2) A micro housing unit may be constructed on an existing homestead lot upon which a home already exists; provided that the micro housing unit shall be occupied by another individual or family related to the existing lessee; and
(3) Native community development financial institutions participating pursuant to this section shall determine the criteria for lessees to qualify for applicable loans.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 to build the general organizational capacity of native Hawaiian-controlled nonprofit housing developers; provided that each nonprofit housing developer:
(1) Has a board of directors that consists of members who are of at least fifty-one per cent native Hawaiian ancestry; and
(2) Is able to demonstrate past experience developing housing units on Hawaiian home lands.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 5. The amendments made by this Act are declared to be severable, and if any of them, or the application thereof to any person or circumstances, is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States, and the effectiveness of the remainder of these legislative amendments or the application thereof shall not be affected.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050;
provided that section 2 shall take effect with the consent of the United States
Congress.
Report Title:
DHHL; HHFDC; Micro Housing; Tiny Homes; Appropriation
Description:
Authorizes the construction and use of micro housing units on Hawaiian home lands approved by the Department of Hawaiian Home Lands, and leased to native Hawaiian beneficiaries who meet the minimum Hawaiian blood quantum requirement, notwithstanding county zoning laws. Authorizes the use of the Hawaiian Home Loan Fund and Hawaiian Home General Loan Fund for assistance in purchasing or renting micro housing units for use on approved Hawaiian home lands and leased to beneficiaries who meet the minimum Hawaiian blood quantum requirement. Makes appropriations to the Department of Hawaiian Home Lands for construction of micro housing units, subject to certain conditions, and to build general organizational capacity of native Hawaiian-controlled nonprofit housing developers. (SB2424 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
