HOUSE OF REPRESENTATIVES	H.B. NO.	1403
THIRTIETH LEGISLATURE, 2019		H.D. 2
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO HOUSING.

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

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§46-   Certain housing projects; automatic approval. (a) A county shall approve, approve with modification, or disapprove an application for a permit necessary for development, pre-development, construction, or substantial rehabilitation that:

(1) Commences on a housing development project after July 1, 2019, and before July 1, 2026; and

(2) Uses moneys from the rental housing revolving fund established under section 201H-202,

within sixty days of filing a building permit application and full payment of any application fee.

(b) An application shall be eligible for approval or approval with modifications pursuant to this section only if the project:

(1) Conforms with existing state land use classifications;

(2) Is consistent with existing county zoning classifications that allow housing; and

(3) Does not require variances for shoreline setbacks or siting in an environmentally or culturally sensitive area.

(c) If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county.

(d) Permits issued pursuant to this section shall contain the following language: "This is a rental housing-related permit issued pursuant to section 46-  , Hawaii Revised Statutes."

(e) An applicant shall comply with all applicable safety and engineering requirements relating to the development, pre-development, construction, or substantial rehabilitation of a housing development project.

(f) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section.

(g) The sixty-day time period established by subsection (a) shall be extended in the event of a natural disaster or state emergency that prevents the applicant, agency, or department from fulfilling application review requirements.

(h) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2100.

Report Title:

Rental Housing Revolving Fund; County Permits

Description:

Requires approval of a permit application submitted by a housing development project that uses moneys from the rental housing revolving fund if a county does not issue a decision on the application within sixty days, subject to certain requirements. Effective 7/1/2100. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.