Bill Text: HI SB2713 | 2010 | Regular Session | Introduced
Bill Title: Accelerated Approval; Clean Energy; Affordable Housing; Infrastructure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to TIA/ENE, EDH. [SB2713 Detail]
Download: Hawaii-2010-SB2713-Introduced.html
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THE SENATE |
S.B. NO. |
2713 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STANDARD TIMEFRAMES FOR APPLICATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Hawaii state law currently provides incentives to affordable housing developers in recognition of the critical need for affordable housing throughout the state. One incentive that has proven to be a successful catalyst for increased affordable housing development is an expedited review and approval process for permits and licenses by state and county agencies. The statutory-set timetable enables developers to avoid costly delays during the development process that ultimately increase the cost of the project and the cost to consumers.
The purpose of this Act is to expand the expedited review and approval process established under section 91-13.5 of the Hawaii Revised Statutes to include other vital projects, specifically infrastructure for housing developments, mixed-use development that has an affordable housing component, and clean energy facilities.
SECTION 2. Section 91-13.5, Hawaii Revised Statutes, is amended to read as follows:
"§91-13.5 Maximum time period for business or development-related permits, licenses, or approvals; automatic approval; extensions. (a) Unless otherwise provided by law, an agency shall adopt rules that specify a maximum time period to grant or deny a business or development-related permit, license, or approval; provided that the application is not subject to state administered permit programs delegated, authorized, or approved under federal law.
(b) All such issuing agencies shall clearly articulate informational requirements for applications and review applications for completeness in a timely manner.
(c) All such issuing agencies shall take action to grant or deny any application for a business or development-related permit, license, or approval within the established maximum period of time, or the application shall be deemed approved; provided that a delay in granting or denying an application caused by the lack of quorum at a regular meeting of the issuing agency shall not result in approval under this subsection; provided further that any subsequent lack of quorum at a regular meeting of the issuing agency that delays the same matter shall not give cause for further extension, unless an extension is agreed to by all parties.
(d) Notwithstanding any other law to the
contrary, any agency that reviews and comments upon an application for a
business or development-related permit, license, or approval for a housing
project, mixed-use development project, infrastructure associated with a
housing development or mixed-use development [developed] under
section 201H-38 or a renewable energy project as defined under subsection
(h) shall respond within forty-five days of receipt of [the] a
completed application, or the application shall be deemed acceptable as
submitted to the agency.
(e) The maximum period of time established pursuant to this section shall be extended in the event of a national disaster, state emergency, or union strike, which would prevent the applicant, the agency, or the department from fulfilling application or review requirements.
(f) This section shall not apply to:
(1) Any proceedings of the public utilities commission; or
(2) Any county or county agency that is exempted by county ordinance from this section.
(g) For purposes of this section, "application for a business or development-related permit, license, or approval" means any state or county application, petition, permit, license, certificate, or any other form of a request for approval required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise, or for any permit, license, certificate, or any form of approval required under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C, 205, 205A, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P.
(h) For purposes of this section, "renewable energy project" means any business or development-related project that produces renewable energy, as defined under section 269-91, and is sized to generate at least 1.5 megawatts of power."
SECTION 3. Section 201H-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Infrastructure" means any facility, public work, or utility installed or improved by the government for the functioning of a community, or private or government owned facility."
"Mixed-use development" means the combination of different uses in a housing project including commercial, public facilities, industrial, and residential uses, which may include single family, multi-family, for sale, lease, rental, low, moderate, workforce, affordable, and market housing, or combinations of all of the above, but at least fifty-one per cent of the housing units, developed under this chapter, must be affordable to households with incomes at or below one hundred forty per cent of the median family income or as may be determined by the United States Department of Housing and Urban Development. "Mixed-use development" shall include commercial, industrial and other uses as defined in section 201H-44, Hawaii Revised Statutes."
SECTION 4. 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, mixed-use development projects, or infrastructure projects
associated with a housing or mixed-use development project, 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, mixed-use development project, or infrastructure project associated with a housing or mixed-use development 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, mixed-use development project, or infrastructure project associated with a housing or mixed-use development 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, mixed-use development project, or infrastructure project associated with a housing or mixed-use development 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) For the purposes of this section, "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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Accelerated Approval; Clean Energy; Affordable Housing; Infrastructure
Description:
Expands the application of current law as it pertains to the processing of permits and licenses for affordable housing developed under chapter 201H, Hawaii Revised Statutes, to also include mixed-use developments, infrastructure for residential developments, and renewable energy facilities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
