STAND. COM. REP. NO. 649

Honolulu, Hawaii

RE: S.B. No. 866

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 866, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING,"

begs leave to report as follows:

The purpose and intent of this measure is to temporarily exempt certain affordable housing projects from specific state and county fees and exactions related to discretionary approval or ministerial permitting, except application fees.

Your Committee received testimony in support of this measure from Michaels Development – Hawai‘i Region; Mutual Housing Association of Hawai‘i, Inc.; Hunt Companies – Hawaii; NAIOP Hawaii; Hawaii Habitat for Humanity Association; Ahe Group; Castle & Cooke Homes Hawai‘i, Inc.; Building Industry Association of Hawaii; Hawai‘i Appleseed Center for Law and Economic Justice; and one individual.

Your Committee finds that the shortage of affordable housing in the State, exacerbated by the effects of the coronavirus disease 2019 pandemic, is a serious and persistent problem in Hawai‘i. Your Committee further finds that easing regulatory burdens on developers for certain housing projects that meet certain criteria will encourage the development of affordable housing and help to address the affordable housing shortage.

Your Committee notes a concern that exempting certain affordable housing projects from regulations and safeguards under chapter 6E, Hawaii Revised Statutes, could lead to the disruption of burial sites or other historically and culturally important places, and that such concern may merit further discussion as this measure proceeds in the legislative process.

Your Committee has amended this measure by:

(1) Inserting an effective date of May 6, 2137, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 866, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 866, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair