HB2331 HD1

SECTION 1. The legislature finds that Hawaii's housing market suffers from a persistent shortage of housing, particularly housing that is affordable to Hawaii's workforce and lower income groups. Of the approximately 64,700 housing units that are forecasted to be needed between 2015 and 2025, nearly 89 per cent or about 57,500 units will be needed by those earning 140 per cent and below the area median income. Approximately 43,800 units are estimated to be needed for renters. The special action team on affordable rental housing has determined that additional incentives are needed to spur on rental housing development to meet the considerable demand.

The Hawaii housing finance and development corporation provides for a forty-five-day approval process for affordable housing projects seeking district boundary amendments from the land use commission, as well as for projects seeking county approvals and exemptions relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon.

The purpose of this Act is to provide incentives to spur housing development by establishing a forty-five-day approval process for affordable housing projects seeking district boundary amendments for land areas of fifteen acres or less within the jurisdiction of the counties, as well as for lands under the control of the Hawaii community development authority.

SECTION 2. 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 modification, 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 modification, 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[.]; and

(5) The appropriate county land use decision-making authority in which the project is located, pursuant to section 205-3.1(b) and (c), shall approve, approve with modification, or disapprove a district boundary change involving land areas of fifteen acres or less within forty-five days after the corporation has submitted a petition to the county land use decision-making authority. If, on the forty-sixth day the petition is not disapproved, it shall be deemed approved by the county land use decision-making authority; and

(6) The Hawaii community development authority shall, at a meeting, approve, approve with modifications, or disapprove, the corporation's request for project exemptions, within forty-five days after the corporation has submitted the request. If, on the forty-sixth day the request is not disapproved, it shall be deemed approved by the Hawaii community development authority."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	2331
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII