Bill Text: HI SB40 | 2021 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-18 - The committee(s) on HSG recommend(s) that the measure be deferred. [SB40 Detail]
Download: Hawaii-2021-SB40-Amended.html
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THE SENATE |
S.B. NO. |
40 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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] county 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.] county. If on the forty-sixth day a project is not
disapproved, it shall be deemed approved by the [legislative body;] county;
(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] county 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) If the proposed housing
project is a for-sale project, the housing project shall, in perpetuity, not require
income restrictions and provide that the proposed housing project is built only
for "qualified residents" as defined in section 201H-32,
who:
(A) Will
be owner-occupants of the units; and
(B) Own
no other real property; and
[(4)] (5)
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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on May 6, 2137.
Report Title:
Housing; Exemption; Income Restrictions
Description:
Exempts from income restrictions for-sale housing projects that are built for qualified residents, who will be owner-occupants in perpetuity, and who own no other property. Effective 5/6/2137. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
