STAND. COM. REP. NO.  1157

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 440

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committees on Housing and Water, Land, & Ocean Resources, to which was referred S.B. No. 440, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COUNTIES,"

beg leave to report as follows:

     The purpose of this bill is to deem accepted by the county a request for dedication of infrastructure for affordable housing if the county fails to accept or reject the request within 90 days and the following conditions are met:

     (1)  Applicable connection and meter fees and utility costs of the infrastructure have been paid;

     (2)  The infrastructure conforms to applicable county standards; and

     (3)  The county has approved the completion of the improvements comprising the infrastructure.

     The Hawaii Housing Finance and Development Corporation and Land Use Research Foundation of Hawaii supported this bill.  The Office of Hawaiian Affairs and Kamehameha Schools supported the intent of this bill.  The Office of the Governor supported this bill with amendments.  A member of the Maui County Council offered comments.

     Your Committees have amended this bill by:

     (1)  Changing the effective date to July 1, 2050; and

     (2)  Making technical, nonsubstantive changes for style, clarity, and conformity.

     Your Committees note that in a similar bill, H.B. No. 354, H.D. 1, previously heard by your Committees, the counties were given 60 rather than 90 days to approve or reject a request for the dedication of infrastructure.

     As affirmed by the records of votes of the members of your Committees on Housing and Water, Land, & Ocean Resources that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 440, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 440, S.D. 2, H.D. 1, and be referred to the Committee on Transportation.

Respectfully submitted on behalf of the members of the Committees on Housing and Water, Land, & Ocean Resources,

____________________________ KEN ITO, Chair

____________________________ RIDA CABANILLA, Chair