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THE SENATE |
S.B. NO. |
3025 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING CREDITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each county shall issue affordable housing credits to the department of Hawaiian home lands with respect to existing and future Hawaiian home lands projects upon a request for such credits by the department of Hawaiian home lands. Credits shall be issued for each single-family residence, multi-family unit, other residential unit, or if allowed under the county's affordable housing programs, vacant lot, developed by the department of Hawaiian home lands as follows:
(1) All units or lots developed by the department shall be treated as for-sale units or lots;
(2) All units or lots developed by the department are deemed to be sold to purchasers with the highest income level that would qualify a unit or lot for credit under the county's affordable housing programs, unless the department provides verification of a purchaser's actual income;
(3) If the department does not provide verification of a purchaser's actual income, the county shall issue at least the number of credits corresponding to units sold to purchasers with the highest qualifying income level. If the department provides verification of a purchaser's actual income, the county shall issue to the department the number of credits corresponding to units or lots sold to purchasers with the same income level under the county's affordable housing programs; and
(4) The chair of the Hawaiian homes commission may certify the income level of a purchaser through written affidavit without reference to the identity or other personal information of the individual purchaser, which shall constitute verification of income for purposes of this section.
The credits shall be freely transferable [and
shall be issued on a one-unit for one-unit basis]. The credits may be
applied county-wide within the same county in which the credits were earned to
satisfy affordable housing obligations imposed by the county on market priced
residential and non-residential developments. County-wide or project-specific
requirements for the location of affordable housing units; housing class, use,
or type; construction time; or other county requirements for affordable housing
units shall not impair, restrict, or condition the county's obligation to apply
the credits in full satisfaction of all county requirements.
Credits originally issued to the department of Hawaiian home lands under this section shall not be subject to any county restrictions regarding the application of credits toward affordable housing obligations, whether by rule, ordinance, or particular zoning conditions of a project, including restrictions on the location in which the credits may be used, the types of required affordable units that may be offset with the credits, the income groups that were intended to be served by the required housing units, or the timing of the affordable housing requirements.
For purposes of this section, "affordable housing obligation" means the requirement imposed by a county to develop vacant lots, single-family residences, multi-family residences, or any other type of residence for sale or rent to individuals within a specified income range."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Affordable Housing Credits; Department of Hawaiian Home Lands; Counties
Description:
Amends section 46-15.1(b), HRS, to clarify that affordable housing credits shall be issued for each single-family residence, multi-family unit, other residential unit, or if allowed under the county's affordable housing programs, vacant lot, developed by the department of Hawaiian home lands under specified conditions and requirements and shall be freely transferrable. Prohibits county limitations relating to application of the credits. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.