Bill Text: HI SB2884 | 2022 | Regular Session | Introduced
Bill Title: Relating To Water Resource Management For Affordable Housing Development.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2022-02-10 - The committee on HOU deferred the measure. [SB2884 Detail]
Download: Hawaii-2022-SB2884-Introduced.html
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THE SENATE |
S.B. NO. |
2884 |
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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 water resource management for affordable housing development.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the cost and availability of housing in the State are significant challenges facing Hawai‘i residents. Due to the barriers hindering the production of new housing, such as geographic limitations, lack of major infrastructure, and government regulation, the legislature finds that new potable water resources will enable more affordable housing development. As the regulation of water resources are administered by multiple agencies at the county and state level, depending on the legal designation of the water source in question and the quantity of water being used, providing access to potable water for affordable housing development is critical to solve the State's affordable housing crisis.
The legislature further finds that water use in the State frequently requires approval by the commission on water resource management, which currently lacks a process to identify and support affordable housing development. The commission is authorized by chapter 174C, Hawaii Revised Statutes, to issue permits upon application for the use of water resources, pursuant to rules adopted by the commission. Section 174C‑53(c), Hawaii Revised Statutes, requires the commission to issue a decision on an application within ninety days if the application does not require a hearing, or within one hundred eighty days if a hearing is required. Included in the existing decision-making timeline, pursuant to section 174C-49(b), Hawaii Revised Statutes, is a sixty-day window within which the affected county may comment on the proposed use.
The legislature additionally finds that there is a lack of potable water sources for affordable housing, especially in rural areas, and that this lack is exacerbated by delays in the permit approval process. Additionally, there is a lack of any current process to address federal inquiries related to the activities of the commission on water resource management, which can result in further delays when an inquiry is initiated.
Accordingly, the purpose of this Act is to:
(1) Provide a process for the commission on water resource management to support affordable housing development by issuing a decision on a water use permit application within the statutory period set forth in subsection 174C-53(c), Hawaii Revised Statutes, and if not issued in the prescribed time, the application will be deemed approved; and
(2) Establish a water resource management for affordable housing development working group that shall convene upon a federal agency or authority's initiation of an inquiry or investigation relating to the commission on water resource management to address the inquiry or investigation.
SECTION 2. The commission on water resource management shall review and issue a decision on any permit application relating to a new water source or new water use within the time period provided under subsection 174C-53(c), Hawaii Revised Statutes. If the commission does not issue a decision on an application within the time period provided, the application shall be deemed to be approved.
SECTION 3. (a) If a federal agency or authority initiates an inquiry or investigation relating to the commission on water resource management, a water resource management for affordable housing development working group shall be convened for the purpose of addressing the concerns raised by the inquiry or investigation.
(b) The working group shall consist of:
(1) A member of the board of land and natural resources;
(2) One person designated by the office of the mayor of each county;
(3) One person designated by the department of Hawaiian home lands; and
(4) One person designated by each county's department of water supply.
(c) The working group shall create a process to remediate the concerns of the federal agency or authority and submit the working group's recommendations to the commission on water resource management. After receiving the recommendations of the working group, the commission on water resource management shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to implement the process developed by the working group.
SECTION 4. The auditor shall submit a report on the effectiveness of this Act, including recommendations and proposed legislation, to the legislature no later than twenty days prior to the convening of the Regular Session of 2023.
SECTION 5. This Act shall take effect upon its approval; provided that this Act shall be repealed two years after the effective date of this Act.
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INTRODUCED BY: |
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Report Title:
Commission on Water Resource Management; Permit Applications; New Water Sources; New Water Uses; Deadline for Review and Approval; Working Group
Description:
Provides that, if the Commission on Water Resource Management fails to review a permit application relating to new water uses or new water sources for affordable housing development, and issue a decision on that application within the existing statutory period, the application is deemed to be approved. Convenes a Water Resource Management for Affordable Housing Development Working Group upon the initiation of a federal investigation or inquiry relating to the Commission on Water Resource Management to address the concerns raised by the investigation or inquiry. Requires the Auditor to submit a report on the effectiveness of this Act. Sunsets two years after the effective date of the Act.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
