THE SENATE |
S.B. NO. |
2175 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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 Hawaii has been struggling with
the issue of affordable housing for decades.
Challenges range from land
and infrastructure costs to funding,
over-regulation, and the permitting process.
According to the department of business, economic
development, and tourism report "Measuring Housing Demand in Hawaii,
2015-2025", the forecast demand for additional housing units in the
counties totals 64,693 during the 2015 through 2025 period. The legislature recognizes the immense housing
supply problem in the State and that creative solutions are needed to build
more housing at all price points.
The legislature
recognizes that the land use commission is responsible for the classification
of certain land parcels into urban, rural, agricultural, and conservation
districts. The land
use commission also acts on land use district boundary amendment petitions
involving the reclassification of lands in the conservation district, land
areas greater than fifteen acres, and lands delineated as important
agricultural lands. Under existing law,
reclassification of land areas fifteen acres or less that are not in the
conservation district or delineated as important agricultural lands are handled
by the counties.
The legislature finds that expanding the counties' jurisdiction to allow reclassification of larger land areas for affordable housing development projects will make projects economically feasible for infrastructure to be built, such as a water treatment plant or connectivity to an existing sewer system, which are added costs that smaller projects cannot absorb. Making affordable housing projects more feasible will also facilitate the State's goal of increasing the supply of much needed affordable housing while being budget neutral to the State.
The
purpose of this Act is to:
(1) Clarify that the counties have jurisdiction over reclassification of land areas of fifteen acres or less in certain districts; and
(2) Expand the jurisdiction of the counties to allow reclassification of land areas up to one hundred acres in certain rural, urban, and agricultural districts for development projects where at least seventy-five per cent of the housing units on the land to be reclassified are set aside for persons and families with incomes at or below one hundred per cent of the area median income.
SECTION 2. Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:
"(a) [District] Except for lands as
described in subsection (b)(3), district boundary amendments involving
lands in the conservation district, land areas greater than fifteen acres, or
lands delineated as important agricultural lands shall be processed by the land
use commission pursuant to section 205‑4.
(b) Any department or agency of the State, and
department or agency of the county in which the land is situated, or any person
with a property interest in the land sought to be reclassified may petition the
appropriate county land use decision-making authority of the county in which the
land is situated for a change in the boundary of a district involving lands [less
than fifteen] that are:
(1) Fifteen acres or less
presently in the rural and urban districts [and lands less than fifteen];
(2) Fifteen acres or less than
fifteen acres in the agricultural district that are not designated as important
agricultural lands[.]; and
(3) One hundred acres or less in the
rural and urban district and one hundred acres or less in the agricultural
districts that are not designated as important agricultural lands; provided
that at least seventy-five per cent of the housing units on the land sought to
be reclassified under this paragraph are set aside for persons and families
with incomes at or below one hundred per cent of the area median income.
(c) District boundary amendments involving land
areas [of fifteen acres or less, except as provided] described in
subsection (b)[,] shall be determined by the appropriate county land use
decision-making authority for the district and shall not require consideration
by the land use commission pursuant to section 205-4; provided that such
boundary amendments and approved uses are consistent with this chapter. The appropriate county land use
decision-making authority may consolidate proceedings to amend state land use
district boundaries pursuant to this subsection, with county proceedings to
amend the general plan, development plan, zoning of the affected land, or such
other proceedings. Appropriate
ordinances and rules to allow consolidation of such proceedings may be
developed by the county land use decision-making authority."
SECTION 3. Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any department or agency of the State, any
department or agency of the county in which the land is situated, or any person
with a property interest in the land sought to be reclassified, may petition
the land use commission for a change in the boundary of a district. This section applies to all petitions for
changes in district boundaries of lands within conservation districts, lands
designated or sought to be designated as important agricultural lands, and
lands greater than fifteen acres in the agricultural, rural, and urban districts,
except as provided in [section] sections 201H-38[.] and
205-3.1(b)(3). The land use
commission shall adopt rules pursuant to chapter 91 to implement section
201H-38."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Land Use Commission; Counties; Reclassification; District Boundary; Amendment; Housing
Description:
Authorizes the counties to reclassify up to one hundred acres of land areas in certain rural, urban, and agricultural districts; provided that at least seventy-five per cent of the housing units on the land sought to be reclassified are set aside for persons and families with incomes at or below one hundred per cent of the area median income.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.