THE SENATE	S.B. NO.	491
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to Affordable housing.

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

SECTION 1. Section 91-13.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Notwithstanding any other law to the contrary, any agency that reviews and comments upon an application for a business or development-related permit, license, or approval for a housing project developed under section 201H-38 shall respond within [forty-five] sixty days of receipt of the application, or the application shall be deemed acceptable as submitted to the agency[.]; provided that the application has not been withdrawn."

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[:]; provided further that:

(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is not disapproved, it shall be deemed approved by the legislative body; provided further that the project has not been withdrawn;

(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] sixty days after the corporation has submitted a petition to the commission as provided in section 205‑4. If, on the [forty-sixth] sixty-first day, the petition is not disapproved, it shall be deemed approved by the commission[.]; provided further that the petition has not been withdrawn."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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:

Affordable Housing Projects; Hawaii Housing Finance and Development Corporation; State and County Agencies; Review and Comment Period; Licenses; Land Use Commission; State District Boundary Amendment; Permits

Description:

Expands from forty-five days to sixty days, the time within which: any agency that reviews and comments upon an application for a business or development-related permit, license, or approval for a Hawaii Housing Finance and Development Corporation housing project shall respond; a county shall approve, approve with modification, or disapprove housing projects developed by the Hawaii Housing Finance and Development Corporation; and the Land Use Commission shall approve, approve with modification, or disapprove a boundary change for a Hawaii Housing Finance and Development Corporation housing project. Clarifies that the provisions that require agencies, counties, and the Land Use Commission to act within sixty days, or deem their failure to do so as their acceptance or approval of the application, project, or petition, do not apply to applications, projects, and petitions that have been withdrawn.

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