Report Title:

Housing

Description:

Authorizes HCDCH to amend HFDC/developer agreements. Requires HDCDH to hold public hearing in community where proposed housing project is to be located and increases time for county review. Establishes new conveyance tax on certain residential sales. Funds homeless shelters. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1217

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 1

 

A BILL FOR AN ACT

 

RELATING TO HOUSING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 201G, Hawaii Revised Statutes, is amended by adding a new section to subpart F of part II to be appropriately designated and to read as follows:

"§201G-   Authority to modify and amend development agreements with eligible developers. The corporation shall have the power and authority to amend, delete, restate, and otherwise modify the terms, conditions, plans, specifications, and all other matters relating, directly or indirectly, to any housing project that was previously approved by the housing finance and development corporation, including, without limitation, the terms, covenants, and conditions of any development agreement for a housing project between the housing finance and development corporation and an eligible developer."

SECTION 2. Section 201G-118, 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 [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 shall hold a public hearing in the community, development, or community development plan area where the proposed housing project is to be located;

[(1)] (2) The corporation finds the project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety;

[(2)] (3) The development of the proposed 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)] (4) The legislative body of the county in which the project is to be situated shall have approved the project[.], subject to the following requirements:

(A) The legislative body shall approve or disapprove the project by resolution within [forty-five] sixty days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [forty-sixth] sixty-first day a project is not disapproved, it shall be deemed approved by the legislative body;

(B) The legislative body may approve or disapprove amendments to the project, subject to the time requirements of subparagraph (A);

[(B)] (C) 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)] (D) 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)] (5) 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."

SECTION 3. Section 247-2, Hawaii Revised Statutes, is amended to read as follows:

"§247-2 Basis and rate of tax. (a) The tax imposed by section 247-1 shall be based on the actual and full consideration (whether cash or otherwise, including any promise, act, forbearance, property interest, value, gain, advantage, benefit, or profit) paid or to be paid, which shall include any liens or encumbrances thereon at the time of sale, lease, sublease, assignment, transfer, or conveyance, and shall be at the rate of 10 cents per $100 of such actual and full consideration; provided that in the case of a lease or sublease, this chapter shall apply only to a lease or sublease whose full unexpired term is for a period of five years or more, and in those cases, including (where appropriate) those cases where the lease has been extended or amended, the tax in this chapter shall be based on the cash value of the lease rentals discounted to present day value and capitalized at the rate of six per cent, plus the actual and full consideration paid or to be paid for any and all improvements, if any, which shall include on-site as well as offsite improvements, applicable to the leased premises; and provided further that the tax imposed for each transaction shall be not less than $1.

(b) In lieu of the rate under subsection (a), the tax rate on the sale of a residential condominium or a single family residence for $           or more shall be as follows:

(1) 20 cents per $100 of the purchase price on sales of $           to $           ; and

(2) 30 cents per $100 of the purchase price on sales over $           .

As used in this subsection:

"Residential condominium" means the ownership of single units, with common elements, located on property within a condominium property regime that is used for residential purposes.

"Single family residence" shall have the same meaning as in section 521-8."

SECTION 4. There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, for homeless and transitional housing projects on Kauai, Hawaii, and Maui, for self help projects in all counties, to be disbursed by a request for proposals process, and for the state homeless shelter program; provided that the following programs shall receive the following amounts in each fiscal year:

(1) Homeless and transitional housing

projects on Kauai $

(2) Homeless and transitional housing

projects on Hawaii (East Hawaii

housing coalition Hilo Hotel) $          

(3) Homeless and transitional housing

projects on Maui $          

(4) Self help housing projects in the city

and county of Honolulu $          

(5) Self help housing projects in the

county of Hawaii $          

(6) Self help housing projects in the

county of Kauai $          

(7) Self help housing projects in the

county of Maui $          

(8) State homeless shelter program $          

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, and $          , or so much thereof as may be necessary for fiscal year 2006-2007, to provide homeless shelter stipends to provider agencies on behalf of homeless families and individuals.

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that:

(1) Section 3 shall take effect on September 1, 2005; and

(2) Sections 4 and 5 shall take effect on July 1, 2005.