SB2192

THE SENATE	S.B. NO.	2192
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Housing.

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

SECTION 1. The legislature finds that the Hawaii housing finance and development corporation (HHFDC) may develop or assist in the development of housing projects that are exempted from all regulations relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon if certain conditions are met. The HHFDC may accept and approve projects that are initiated by private developers as a "chapter 201H project" if the HHFDC determines that the project is primarily designed for lower income housing and that it satisfies certain requirements.

These requirements include approval from the county council of the county in which the housing project is to be situated within forty‑five days of receiving the preliminary plans and specifications. If the county council fails to disapprove a project within forty-five days, the project is deemed approved.

The legislature finds that the forty‑five-day window is insufficient for a county council to review the proposed housing project and requested exemptions, evaluate the effects on the environment and the county's finances, and have a meaningful discussion to determine whether to approve, approve with modification, or disapprove the project. Therefore, the purpose of this Act is to extend the timeframe for a county council to approve of chapter 201H lower income housing projects from forty-five days to sixty days.

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~~] sixty days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [~~forty-sixth~~] sixty-first 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."

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 Statutory material to be repealed is bracketed and stricken.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

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

INTRODUCED BY:	_____________________________