SB3265

THE SENATE	S.B. NO.	3265
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.

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

SECTION 1. Section 356D-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Housing" means any home, house, residence, building, apartment, living quarters, abode, domicile, or dwelling unit designed principally for the purpose of sheltering people."

2. By deleting the definition of "public housing project", "housing project", or "complex".

[""Public housing project", "housing project", or "complex" means a housing project directly controlled, owned, developed, or managed by the authority pursuant to any federally assisted housing as defined in title 24 Code of Federal Regulations section 5.100, but does not include state low-income housing projects as defined in section 356D-51."]

SECTION 2. Section 356D-11, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The authority, in its own behalf or on behalf of any government, may:

(1) Clear, improve, and rehabilitate property; and

(2) Plan, develop, construct, and finance [~~public~~] housing projects."

2. By amending subsections (e) to (h) to read:

"(e) The authority may contract or sponsor with any county, housing authority, or person, subject to the availability of funds, [~~an experimental or demonstration~~] a housing project designed to meet the needs of elders, disabled, displaced or homeless persons, low- and moderate-income persons, government employees, teachers, or university and college students and faculty.

(f) The authority may enter into contracts with eligible developers to develop [~~public~~] housing projects in exchange for mixed use development rights. Eligibility of a developer for an exchange pursuant to this subsection shall be determined pursuant to rules adopted by the authority in accordance with chapter 91.

As used in this subsection, "mixed use development rights" means the right to develop a portion of a [~~public~~] housing project for commercial use.

(g) The authority may develop, with an eligible developer, or may assist under a government assistance program in the development of, [~~public~~] housing projects. The land planning activities of the authority shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

Any person, if qualified, may act simultaneously as developer and contractor.

In selecting eligible developers or in contracting any services or materials for the purposes of this subsection, the authority shall be subject to all federal procurement laws and regulations.

For purposes of this subsection, "government assistance program" means a [~~public~~] housing program qualified by the authority and administered or operated by the authority or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise.

(h) In connection with the development of any [~~public~~] housing dwelling units under this chapter, the authority may also develop non-subsidized housing, commercial properties, and industrial properties and sell or lease other properties if it determines that the uses will be an integral part of the [~~public~~] housing development or a benefit to the community in which the properties are situated. The authority may designate any portions of the [~~public~~] housing development for non-subsidized housing, commercial, industrial, or other use and shall have all the powers granted under this chapter with respect thereto. The authority may use any funding authorized under this chapter to implement this subsection.

The net proceeds of all sales or leases, less costs to the authority, shall be deposited in the public housing special fund established by section 356D-28."

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:

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