Bill Text: HI SB441 | 2010 | Regular Session | Introduced

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Bill Title: Affordable Housing; Ministerial Permit; 45-Day Limit

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB441 Detail]

Download: Hawaii-2010-SB441-Introduced.html

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Report Title:

Affordable Housing; Ministerial Permit; 45-Day Limit

 

Description:

Requires state and county agencies to issue any ministerial permits for affordable housing projects within forty-five days of a county legislative body's approval of the project.

 

THE SENATE	S.B. NO.	441
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to affordable housing.

 

 

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.  Governor Lingle convened a statewide task force comprised of representatives from the counties, business, labor, developers, architects, non-profit providers of services, the State, and the legislature to carry out the mission of the Call to Action and recommend solutions to address barriers to affordable housing.

     The State recognizes that the need for more affordable housing in Hawaii remains a significant problem affecting all segments of society.  Although there is a process in place that provides an opportunity to approve affordable housing project proposals in an expedited manner at the state and county levels, the ministerial permits that are issued subsequent to project approval may take a significant amount of time to issue.  This delay adds costs to the affordable housing project, ultimately affecting the buyer or renter, and lengthens the time it takes for the unit to be constructed and occupied.

     The purpose of this Act is to implement the legislative recommendations of the task force by establishing a forty-five day time limit on agency issuance of ministerial permits for approved affordable housing projects.

     SECTION 2.  Section 46-15.1, Hawaii Revised Statutes, is amended to read as follows:

     "§46-15.1  Housing; county powers.  (a)  Any law to the contrary notwithstanding, any county shall have and may exercise the same powers, subject to applicable limitations, as those granted the Hawaii housing finance and development corporation pursuant to chapter 201H insofar as those powers may be reasonably construed to be exercisable by a county for the purpose of developing, constructing, and providing low- and moderate-income housing; provided that no county shall be empowered to cause the State to issue general obligation bonds to finance a project pursuant to this section; provided further that county projects shall be granted an exemption from general excise or receipts taxes in the same manner as projects of the Hawaii housing finance and development corporation pursuant to section 201H-36; and provided further that section 201H-16 shall not apply to this section unless federal guidelines specifically provide local governments with that authorization and the authorization does not conflict with any state laws.  The powers shall include the power, subject to applicable limitations, to:

     (1)  Develop and construct dwelling units, alone or in partnership with developers;

     (2)  Acquire necessary land by lease, purchase, exchange, or eminent domain;

     (3)  Provide assistance and aid to a public agency or other person in developing and constructing new housing and rehabilitating existing housing for elders of low- and moderate-income, other persons of low- and moderate-income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available;

     (4)  Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low- and moderate-income;

     (5)  Guarantee the top twenty-five per cent of the principal balance of real property mortgage loans, plus interest thereon, made to qualified borrowers by qualified lenders;

     (6)  Enter into mortgage guarantee agreements with appropriate officials of any agency or instrumentality of the United States to induce those officials to commit to insure or to insure mortgages under the National Housing Act, as amended;

     (7)  Make a direct loan to any qualified buyer for the downpayment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property;

     (8)  Provide funds for a share, not to exceed fifty per cent, of the principal amount of a loan made to a qualified borrower by a private lender who is unable otherwise to lend the borrower sufficient funds at reasonable rates in the purchase of residential property; and

     (9)  Sell or lease completed dwelling units.

     For purposes of this section, a limitation is applicable to the extent that it may reasonably be construed to apply to a county.

     (b)  Any law to the contrary notwithstanding, any county may:

     (1)  Authorize and issue bonds under chapter 47 and chapter 49 to provide moneys to carry out the purposes of this section or section 46-15.2, including the satisfaction of any guarantees made by the county pursuant to this section;

     (2)  Appropriate moneys of the county to carry out the purposes of this section;

     (3)  Obtain insurance and guarantees from the State or the United States, or subsidies from either;

     (4)  Designate, after holding a public hearing on the matter and with the approval of the respective council, any lands owned by it for the purposes of this section;

     (5)  Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of federal assistance for persons of low and moderate income; and

     (6)  Adopt rules pursuant to chapter 91 as are necessary to carry out the purposes of this section.

     (c)  The provisions of this section shall be construed liberally so as to effectuate the purpose of this section in facilitating the development, construction, and provision of low- and moderate-income housing by the various counties.

     (d)  State and county agencies shall issue any ministerial permits associated with a project within forty-five days from the date of approval of the project pursuant to this section or subsection 201H-38(a); provided that the review procedure for ministerial permits performed by any state or county agency is limited to not more than two comprehensive reviews.

     [(d)] (e)  For purposes of this section[, "low]:

     "Low and moderate income housing" means any housing project that meets the definition of "low- and moderate-income housing project" in section 39A-281.

     "Ministerial permit" means any nondiscretionary permit for which the permit administrator needs to determine only conformity with applicable ordinances before approving the project."

     SECTION 3.  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 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 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)  State and county agencies shall issue any ministerial permits associated with a project within forty-five days from the date of approval of the project pursuant to subsection (a) or section 46-15.1; provided that the review procedure for ministerial permits performed by any state or county agency is limited to not more than two comprehensive reviews.

     [(b)] (c)  For the purposes of this section[, "government]:

     "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.

     "Ministerial permit" means any nondiscretionary permit for which the permit administrator needs to determine only conformity with applicable ordinances before approving the project."

     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.

 

INTRODUCED BY:	_____________________________