HB1001

Report Title:

Housing; Rentals; Land Use

Description:

Exempts any eligible rental project that is dedicated to 100% affordable in perpetuity from the requirements of land use and environmental impact statement laws, and all county land use, charter, ordinance, and rule provisions. Provides that if the eligible project is on public lands, the housing finance and development corporation shall lease the land at $1 per year. Requires that if the land is ceded land then 20% of the units be made available to native Hawaiians. Repealed 6/30/2010.

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

"§201H- Eligible rental housing project, exemptions; public lands rent. (a) Any eligible project, as defined in section 201H-122, shall be exempt from the requirements of chapters 205 and 343 and all other statutes, charter provisions, ordinances, and rules of any state or county government agency relating to planning, land use, zoning, and other permits required for the development of residential housing; provided that the eligible project shall not be exempt from construction standards for subdivisions, the applicable county building code, and other construction standards for dwelling units.

(b) If the eligible project is to be developed on public lands, then sections 10-13.6 and 171-18 notwithstanding, the land shall be set aside to the corporation, without the approval of the board of land and natural resources as required by section 171-11, and the corporation shall make the land available to the eligible project at a lease rent of $1 per year for the useful life of the project; provided that if the land is of the public land trust, then twenty per cent of all rental units in the eligible project shall be made available to native Hawaiians, as defined in section 10-2.

(1) Maintains one hundred per cent of its units for families or individuals whose incomes do not exceed one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development;

(2) Provides rental units with rents that do not exceed thirty per cent of the monthly income of the family or individual tenant after all mandatory withholdings; and

(3) Is dedicated to meet the requirements in paragraphs (1) and (2) for the useful life of the project.

(d) If the eligible project meets the subdivision standards and building code requirements of the county where the eligible project is situated, the county shall allow the project to connect to the county's infrastructure, including but not limited to its water, sewer, and drainage systems, upon the payment of the applicable meter and connection fees and utility costs.

(e) The corporation shall monitor and enforce the tenancy and rent requirement of this section and allow the office of Hawaiian affairs the same right of monitoring the units reserved for native Hawaiians.

(f) For purposes of this section, the "useful life of the project" means the duration that the project may be reasonably and economically repaired, refurbished, redeveloped, and maintained in a safe and habitable condition, but in no event may that duration be less than thirty years."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval; provided that:

(1) Section 1 of this Act shall be repealed on June 30, 2010; and

(2) Section 1 shall continue to apply to any project for which a completed building permit application is submitted by June 30, 2010.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1001
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII