Bill Text: HI SB552 | 2014 | Regular Session | Introduced
Bill Title: Affordable Housing; DHHL; Counties; Kauai County Package
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Re-Referred to HMS/PSM/HWN, WAM. [SB552 Detail]
Download: Hawaii-2014-SB552-Introduced.html
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THE SENATE |
S.B. NO. |
552 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to affordable housing credits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of Act 141, Session Laws of Hawaii 2009, was to require counties to issue affordable housing credits to the department of Hawaiian home lands for all existing and future Hawaiian home lands projects upon request. Act 141 was then amended by Act 98, Session Laws of Hawaii 2012, which further defines what the credits shall be issued for and explicitly releases the department of Hawaiian home lands from any income or other requirements attached to a respective county's affordable housing credits. The legislature finds that the relationship between the department of Hawaiian home lands and the respective counties established by Act 98 violates the principles of home-rule and does not encourage the kind of working relationship between the counties and the department of Hawaiian home lands necessary to effectively address the affordable housing problem in each county. The legislature also finds that Act 98 could create a racially discriminatory effect by disproportionately allocating more affordable housing resources to one racial group over another. In order to address each county's affordable housing needs based on fairness and equality, this Act allows each county to address its affordable housing needs, allows the department of Hawaiian home lands to receive county affordable housing credits for mutually beneficial projects on department of Hawaiian home lands, and also supports a good working relationship between the department of Hawaiian home lands and the respective counties.
SECTION 2. Section 46-15.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [Each county shall issue]
By mutual consent, each respective county and the department of Hawaiian
home lands shall agree to the issuance of affordable housing credits to the
department of Hawaiian home lands with respect to [existing and] future
Hawaiian home lands projects upon a request for such credits by the department
of Hawaiian home lands. The credits shall be transferable and shall be issued
on a one-unit for one-unit basis. Credits shall be issued for each
single-family residence, multi-family unit, or other residential unit[,
or if allowed under the county's affordable housing programs, vacant lot,]
developed by the department of Hawaiian home lands. The credits may be applied
county-wide within the same county in which the credits were earned to satisfy
affordable housing obligations imposed by the county on market priced
residential and non-residential developments. [County-wide or
project-specific requirements for the location of affordable housing units;
housing class, use, or type; construction time; or other county requirements
for affordable housing units shall not impair, restrict, or condition the
county's obligation to apply the credits in full satisfaction of all county
requirements whether by rule, ordinance, or particular zoning conditions of a
project.]
For purposes of this section, "affordable
housing obligation" means the requirement imposed by a county to develop [vacant
lots,] single-family residences, multi-family residences, or any other type
of residence for sale or rent to individuals within a specified income range."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval, and shall be repealed on June 30, 2015; provided that section 46-15.1(b), Hawaii Revised Statutes, shall be reenacted in the
form in which it read prior to the effective date of Act 141, Session Laws of Hawaii 2009.
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INTRODUCED BY: |
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Report Title:
Affordable Housing; DHHL; Counties; Kauai County Package
Description:
Removes the county's power to issue affordable housing credits to DHHL for the development of vacant lots. Removes restriction that county requirements for affordable housing may not impair the county's obligation to apply the credits in full satisfaction of all county requirements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
