Report Title:

Housing Project Approvals; County Councils; Land Use Commission

 

Description:

Amends chapter 201H, Hawaii Revised Statutes, housing development provisions to allow county councils to approve certain expedited government housing development projects with modifications, and to extend the county and Land Use Commission approval or disapproval window for these projects from 45 to     days.  (SD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1950

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

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 certain provisions of the State's housing law expedite the development of housing by exempting certain government projects from all planning, zoning, and construction standards.  In 2006, the legislature allowed counties to approve these types of housing projects with or without modifications when it enacted Act 217.  During that same session, however, Act 180 repealed the State's housing law and recodified it in chapter 201H, Hawaii Revised Statutes.  As a result, the amendments in Act 217 were not included in the State's current housing law.  The legislature finds that it was intended that the amendments in Act 217 be included.

In addition, the same provisions exempting certain government housing development projects from planning, zoning, and construction standards provide a forty-five day window for a county legislative body to approve a project, and for the land use commission to approve a land use boundary change for the project.  The legislature believes that forty-five days is too short to allow meaningful discussion by these decision-making bodies.  A           -day window will provide an expedited review while allowing county legislative bodies and the land use commission to do their due diligence.

The purpose of this Act is to amend the provisions of the housing law that exempt certain government housing development projects from planning, zoning, and construction standards by:

(1)  Placing the amendments in Act 217, Session Laws of Hawaii 2006, allowing county legislative bodies to approve a project with or without modifications, in the law; and

(2)  Increasing the window for county legislative body project approvals and disapprovals and land use commission land use boundary approvals and disapprovals from forty-five days to            days.

     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:

         (A)  The legislative body shall approve, approve with modifications, or disapprove the project by resolution within [forty-five]            days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body.  If on the [forty‑sixth]            day a project is not disapproved, it shall be deemed approved by the legislative body;

         (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 modifications, or disapprove a boundary change within [forty-five]            days after the corporation has submitted a petition to the commission as provided in section 205‑4.  If on the [forty‑sixth]            day the petition is not disapproved, it shall be deemed approved by the commission."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 4.  This Act shall take effect on July 1, 2020.