STAND. COM. REP. NO. 507

Honolulu, Hawaii

RE:    S.B. No. 440

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 440, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COUNTIES,"

begs leave to report as follows:

     The purpose of this measure is to require counties to accept or reject a public infrastructure dedication that is part of an affordable housing project within sixty days of the filing of a dedication request.

     Your Committee received testimony in support of this measure from the Affordable Housing Regulatory Barriers Task Force and Hawaii Housing Finance and Development Corporation.  Testimony in opposition was received from the City and County of Honolulu.  Comments were received from one individual.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that this measure coincides with recommendations of the Affordable Housing Regulatory Barriers Task Force.  The Task Force worked over a period of eighteen months to identify barriers to affordable housing development and to formulate appropriate remedies.  The intent of this measure is to incentivize the development and construction of affordable housing projects by removing an inadvertent delay attributable to acceptance by the counties of infrastructure dedication of housing projects.

     Your Committee has amended this measure by:

     (1)  Allowing a maximum period of ninety days for the county to accept a dedication request;

     (2)  Clarifying that the dedicated infrastructure conform to applicable county standards;

     (3)  Requiring as a proviso that completion of the improvements comprising the infrastructure be granted approval by the counties;

     (4)  Deleting reference to building codes and building inspectors; and

     (5)  Making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Transportation, International and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 440, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 440, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Transportation, International and Intergovernmental Affairs,

____________________________

J. KALANI ENGLISH, Chair