HB1950 SD2

SECTION 1. The legislature finds that certain provisions of the State's housing law expedite the development of housing by exempting certain government projects from all planning, zoning, and construction standards. In 2006, the legislature allowed counties to approve these types of housing projects with or without modifications when it enacted Act 217. During that same session, however, Act 180 repealed the State's housing law and recodified it in chapter 201H, Hawaii Revised Statutes. As a result, the amendments in Act 217 were not included in the State's current housing law. The legislature finds that it was intended that the amendments in Act 217 be included.

In addition, the same provisions exempting certain government housing development projects from planning, zoning, and construction standards provide a forty-five day window for a county legislative body to approve a project, and for the land use commission to approve a land use boundary change for the project. The legislature believes that forty-five days is too short to allow meaningful discussion by these decision-making bodies. A -day window will provide an expedited review while allowing county legislative bodies and the land use commission to do their due diligence.

The purpose of this Act is to:

(1) Add a definition of an "eligible project" to chapter 201H, Hawaii Revised Statutes;

(2) Amend the provisions of the housing law that exempt certain government housing development projects from planning, zoning, and construction standards by:

(A) Placing the amendments in Act 217, Session Laws of Hawaii 2006, allowing county legislative bodies to approve a project with or without modifications, in the law; and

(B) Increasing the window for county legislative body project approvals and disapprovals and land use commission land use boundary approvals and disapprovals from forty-five days to days; and

(3) Repeals the definition of "eligible project" in section 210H-122, Hawaii Revised Statutes.

SECTION 2. Section 201H-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Eligible project" means a rental housing project that meets all of the following requirements:

(1) Makes available for its entire useful life at least per cent of its dwelling units for rent to families whose incomes do not exceed eighty per cent of the county median income;

(2) Charge rent for every rental unit that does not exceed the maximum amount set by the corporation;

(3) Has at least , but no more than two hundred rental units available;

(4) Is located on not more than fifteen acres of land within the county's urban growth boundary;

(5) Is not on land classified as agricultural or conservation;

(6) Is not within the geographic area covered by a habitat conservation plan or safe harbor agreement approved under part II of chapter 195;

(7) Does not include any commercial, industrial, resort, or transient accommodation unit or use;

(8) Does not exceed the structure height limit of the underlying county zoning;

(9) Is designed and constructed to have a useful life of at least thirty years;

(10) Is pledged, after its useful life, to be renovated, reconstructed, or redeveloped in perpetuity into successive eligible projects which have at least the same number of rental units as the first project and comply with paragraphs (1) to (13);

(11) Is subject to a regulatory agreement with the corporation in accordance with federal section 8 housing requirements;

(12) Is developed and operated by a nonprofit entity;

(13) Is a residential dwelling development project for which planning and construction is commenced after the effective date of this Act and does not include a residential dwelling development project planned or constructed prior to the effective date of this Act; and

(14) Is dedicated to meeting the requirements of paragraphs (1) to (13)."

SECTION 3. Section 201H-38, 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 that shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon; provided that:

(1) The corporation finds the 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 housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54;

(3) The legislative body of the county in which the housing project is to be situated shall have approved the project[:] with or without modifications:

(A) The legislative body shall approve, approve with modifications, or disapprove the project by resolution within [~~forty-five~~] days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [~~forty‑sixth~~] day a 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, modifying, or disapproving the plans and specifications; and

(C) 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) The land use commission shall approve, approve with modifications, 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 4. Section 201H-122, Hawaii Revised Statutes, is amended by deleting the definition of "eligible project".

["~~"Eligible project" means a rental housing project that:~~

~~(1)~~ ~~Is financed by the corporation pursuant to subpart B or D, or that the corporation determines will require rental assistance to make it financially feasible;~~

~~(2)~~ ~~Is subject to a regulatory agreement with the corporation;~~

~~(3)~~ ~~Maintains at least twenty per cent of its units for eligible tenants; and~~

~~(4)~~ ~~Meets other qualifications as established by rules adopted by the corporation.~~

~~Notwithstanding any provision to the contrary, "eligible project" may also include a rental housing project that is financed by the corporation pursuant to subpart A.~~"]

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	1950
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII		S.D. 2