Report Title:

Affordable Housing

Description:

Requires all state and county agencies to give affordable housing projects priority in land use and permit approval, except for other projects involving the health or safety of the community. (SD1)

THE SENATE

S.B. NO.

2759

TWENTY-THIRD LEGISLATURE, 2006

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to housing.

 

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

SECTION 1. The legislature finds that the present lack of a supply of affordable housing is turning homeownership within the State into one of "haves" and "have nots." Desperately needed affordable housing is a major problem facing this State. Another related problem is the extended length of time it takes to process permits for affordable housing development projects.

The purpose of this Act is to require all state and county agencies to give priority to affordable housing projects in the land use, zoning, and permit review and issuing process, except for any project involving the health or safety of the community.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46-   Affordable housing projects; priority. (a) Any application for a housing project that is certified to be an affordable housing project by the Hawaii housing finance and development administration or any county agency that has been delegated or has assumed the powers under section 46-15.1 shall be given the highest priority by all county councils and county agencies reviewing or issuing any amendments to a community; development or community development plans; changes in zoning; or any permits required by the affordable housing project; provided that projects involving the health and safety of the community shall take priority over affordable housing projects.

(b) For purposes of this section:

(1) "Affordable housing project" means any housing project that offers at least one-half of all housing units in the project to persons or families earning one hundred forty per cent or less of the median family income for that area, as determined by the United States Department of Housing and Urban Development.

(2) "Permit" means but is not limited to a special area management permit, variance, conditional use permit, special permit, subdivision permit, grubbing and grading permit, building permit, water meter permit, and occupancy permit."

SECTION 3. Chapter 201G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201G-   Affordable housing; priority. (a) Any application for an approval or permit for a housing project that is certified to be an affordable housing project by the Hawaii housing finance and development administration or any county agency that has been delegated or has assumed the powers under section 46-15.1 shall be given the highest priority by all state and county agencies reviewing or issuing any approvals or permits required by the affordable housing project; provided that projects involving the health and safety of the community shall take priority over affordable housing projects.

(b) For purposes of this section:

(1) "Affordable housing project" means any housing project that offers at least one-half of all housing units in the project to persons or families earning one hundred forty per cent or less of the median family income for that area, as determined by the United States Department of Housing and Urban Development.

(2) "Approval or permit" means but is not limited to a land use district boundary amendment, conservation district use permit, department of health certificates of need or necessity, plan approval, wastewater facility approval, limited access highway or similar approval, or permit for the withdrawal, diversion, or consumptive use of water."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2006 and shall be repealed on June 30, 2009.