Report Title:
Lower Cost Housing Development
Description:
Amends section 201G-118 to limit its application to lower-cost housing projects. Defines lower-cost housing projects. (HB1217 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1217 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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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 201G-118, Hawaii Revised Statutes, is amended to read as follows:
"§201G-118 [Housing] Lower-cost housing development; exemption from statutes, ordinances, charter provisions, 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, lower-cost housing projects [which] that shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of units thereon; provided that:
(1) The corporation finds the lower-cost 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 lower-cost housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or the various boards of water supply authorized under chapter 54; and
(3) The legislative body of the county in which the lower-cost housing project is to be situated shall have approved the lower-cost housing project.
(A) The legislative body shall approve or disapprove the lower-cost housing project by resolution within forty-five days after the corporation has submitted the preliminary plans and specifications for the lower-cost housing project to the legislative body. If on the forty-sixth day a lower-cost housing 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, or disapproving the plans and specifications; and
(C) The final plans and specifications for the lower-cost housing 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 lower-cost housing project shall constitute the zoning, building, construction, and subdivision standards for that lower-cost housing 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 lower-cost housing 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 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"]:
"Dwelling" or "dwelling unit" means a room or rooms connected together, constituting an independent living unit and containing a single kitchen and at least one bathroom. A dwelling unit shall not include a unit used for time sharing or as a transient accommodation unit.
"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.
"Kitchen" means a facility in a dwelling unit that exists when there are fixtures, appliances, or devices for all of the following:
(1) Heating or cooking of food;
(2) Washing of utensils used for dining and food preparation and for washing and preparing food; and
(3) Refrigeration of food.
"Lower-cost housing project" means a residential housing project in which one hundred per cent of the dwelling units are for persons or families whose incomes are identified as one hundred forty per cent or less of the area median income for each of the counties of Hawaii, Maui, Honolulu, and Kauai as determined by the United States Department of Housing and Urban Development from time to time, and as adjusted by family size.
(c) The corporation shall not have authority to adopt rules pursuant to chapter 91 that would limit the application of this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2010.