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THE SENATE |
S.B. NO. |
1170 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE EXPEDITIOUS REDEVELOPMENT AND DEVELOPMENT OF AFFORDABLE RENTAL HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§205A- Special management area use permits;
affordable multi-family rental housing; experimental and demonstration housing
projects; redevelopment. (a)
Subject to terms and conditions under section 205A-26, the director of a
county planning department may issue a special management area use permit to an
applicant to redevelop permanent affordable multi-family rental housing that
has been substantially destroyed as a result of a disaster from wildfire,
hurricane, or earthquake proclaimed by the governor to constitute a state of
emergency under chapter 127A, Hawaii Revised Statutes.
(b) After issuing a special management area use
permit pursuant to this section, the department of planning of the respective
county shall file a notice of the issuance in the next available issue of the
periodic bulletin of the office of planning and sustainable development.
(c) After issuing a special management area use
permit pursuant to this section, the department of planning of the respective
county and any other state or county agency authorized to issue a permit or
approval shall prioritize approving permits to redevelop the permanent
affordable multi-family rental housing.
(d) Except as otherwise provided in this Act or
under federal law, permanently affordable
multi-family rental housing projects within the special management area that
are being redeveloped pursuant
to this section and are located on properties or
districts on the state or national historic register shall be exempt from the
requirements of chapter 343.
(e) Notwithstanding any other law to the
contrary, if an affordable multi-family rental housing that was originally
developed as an experimental and demonstration housing project pursuant to
section 46-15 has been substantially destroyed as a result of a disaster from
wildfire, hurricane, or earthquake proclaimed by the governor to constitute a
state of emergency under chapter 127A:
(1) Any ordinance approved by a county
for the initial construction of the experimental and demonstration housing
project shall remain valid and relevant and continue to be in full force and
effect with respect to the rebuilding of the project in accordance with this
section;
(2) The director of a county planning
department in the respective county or any other state or county agency
authorized to issue a permit or approval required for the rebuilding of the
project may amend or modify the final plans and specifications of the
experimental and demonstration housing project to incorporate cost‑effective
best industry practices that include advances in building design, materials,
construction types, or methods; provided that any modification shall adhere to
principles that emphasize community, history, culture, future resilience, and
the safety and well-being of the project's occupants; provided further that the
modifications shall not impose requirements or conditions that unreasonably
increase rebuilding or future operating costs; and
(3) Notwithstanding any termination of
the applicable emergency proclamation before the completion of construction,
the experimental and demonstration housing project shall not be subject to any
specific provisions of law suspended pursuant to the emergency proclamation
issued under section 127A-13, if an application for the initial permit or
approval to commence rebuilding of the project has been submitted to the
department of planning of a county, the department or office of housing of a
county, or any other relevant agency of the applicable state or county before
the end of the disaster emergency relief period; provided that the submitted
application was deemed by the relevant state or county department or agency as
complete.
(f) This section shall not apply to parcels on the shoreline or parcels impacted by waves, storm surges, high tide, or shoreline erosion."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Counties; County Planning Departments; Affordable Rental Housing; Special Management Area Use Permits; Experimental and Demonstration Housing Projects
Description:
Authorizes the director of a county planning department to issue a special management area use permit to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as result of certain natural disasters and requires county planning departments and any other applicable state or county department or agency to prioritize approving permits for these redevelopments, with certain exceptions. Exempts permanently affordable multi-family rental housing projects within the special management area that are being redeveloped and are located on properties or districts on the state or national historic register from environmental impact statement requirements. Permits county planning departments and any other applicable state or county department or agency to amend or modify final plans and specifications for redevelopment of an existing experimental and demonstration housing project, with certain restrictions. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.