STAND. COM. REP. NO. 596

Honolulu, Hawaii

, 2005

RE: S.B. No. 141

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Housing, to which was referred S.B. No. 141 entitled:

"A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING,"

begs leave to report as follows:

The purpose of this measure is to create an exemption for the development of workforce housing and affordable housing on leased residential lots.

Testimony in support of this measure was submitted by the Housing and Community Development Corporation of Hawaii, the Land Use Research Foundation of Hawaii, and Hawaii Reserves, Inc.

Your Committee finds that in Hawaii, the cost of living has been and continues to be high. A significant contributing factor to the high cost of living is the high cost of housing, which is in turn significantly impacted by the high cost of land. Chapter 516, Hawaii Revised Statutes, was enacted to address the shortage of fee simple residential land and the inflation of residential land values. Although it has helped to create more fee simple residential land, spiraling inflationary land values have severely negatively impacted the ability of Hawaii's workforce to afford home ownership. Your Committee determines that an exemption from the lease-to-fee conversion law for workforce and affordable housing leased on residential lots will create an attractive incentive for landowners to put land into affordable residential development on a long-term lease basis.

Accordingly, your Committee has amended this measure by:

(1) Adding three new definitions for the terms "sustainable affordable development"; "sustainable affordable lease"; and "sustainable affordable lessee's share of appreciation";

(2) Amending the language regarding the exemption to include that a sustainable affordable lease is exempt from part II of chapter 516, Hawaii Revised Statutes (HRS), sections 516-63, 516-65, and 516-66, HRS; and limiting the lessee's compensation under section 516-70, HRS, to the sustainable affordable lessee's share of appreciation;

(3) Limiting the amendment to the exemption under chapter 519, HRS, to section 519-2; and

(4) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 141, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 141, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Housing,

____________________________

RON MENOR, Chair