SB755.DOC

THE SENATE	S.B. NO.	755
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to the Hawaii community DEVELOPMENT authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that more reserved housing units are needed in the Kakaako mauka area. Time is critical in the development of housing projects and delays in obtaining the necessary approvals or the requirement of multiple governmental approvals may jeopardize projects. Currently, planned development projects requiring either a consolidation or subdivision of land must seek approvals from both the Hawaii community development authority and the city and county of Honolulu.

The purpose of this Act is to authorize the Hawaii community development authority to process an application for subdivision and consolidation of land for a planned development project with at least twenty per cent of the total number of dwelling units in the project reserved for sale or rental to qualified persons as determined by the authority.

SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§206E- Planned development project; reserved housing; subdivision and consolidation of land. (a) Notwithstanding any law to the contrary, the authority shall process an application for subdivision and consolidation of land for a planned development project with at least twenty per cent of the total number of dwelling units in the project reserved for sale or rental to qualified persons as determined by the authority.

(b) For any planned development project with at least twenty per cent of the total number of dwelling units in the project reserved for sale or rental to qualified persons as determined by the authority, the following review periods shall apply:

(1) Project eligibility review shall be completed by the:

(A) City and county of Honolulu and any other governmental agency within thirty days; and

(B) Authority within forty-five days after receipt of the application for a planned development, at which time a written project eligibility determination shall be issued to the applicant;

(2) Action on the application for a planned development shall be taken by the authority within forty-five days after the date the authority issues a written project eligibility determination; provided that the application shall be deemed approved if no decision is made by the authority in granting or denying the application within the forty-five day time period; and

(3) Action on the application for subdivision or consolidation of land shall be taken by the authority within ninety days after the date the application for subdivision or consolidation is deemed complete by the authority. If an applicant for a planned development project with at least twenty per cent of the total number of dwelling units in the project reserved for sale or rental to qualified persons as determined by the authority requires subdivision or consolidation approval, the application for subdivision or consolidation shall be submitted together with the planned development application. The application shall be deemed approved if no decision is made by the authority in granting or denying the application within the ninety-day time period.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________