Report Title:

Counties; Dedication

 

Description:

Requires counties to accept or reject a public infrastructure dedication that has been developed as part of a housing project within 60 days of the dedication request. (HB354 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

354

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

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. In August 2007, Hawaii accepted an invitation by the United States Department of Housing and Urban Development to join the National Call to Action for Affordable Housing through Regulatory Reform. The Call to Action presented an opportunity for Hawaii to receive technical assistance from the federal government and collaborate with other states, counties, municipalities, and organizations to knock down the barriers imposed by governments in hopes of building more affordable housing. Governor Lingle convened a statewide task force composed of representatives from the counties, business, labor, developers, architects, nonprofit providers of services, the State, and the legislature to carry out the mission of the Call to Action and recommend solutions to address barriers to affordable housing.

The legislature recognizes that the need for more affordable housing in Hawaii remains a significant problem affecting all segments of society. Although there is a process in place that provides an opportunity to review affordable housing project proposals in an expedited manner at the state and county levels, delays arise when counties do not act to affirmatively accept or reject public infrastructure dedication that has been developed as part of a housing project.

The purpose of this Act is to implement the legislative recommendations of the task force by requiring counties to accept or reject a public infrastructure dedication that has been developed as part of a housing project when the infrastructure has been constructed to county building code standards, within sixty days of the dedication request to ensure that the delivery of affordable housing is not delayed.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46-    Time limit on acceptance or rejection of affordable, workforce, mixed use, and rental housing infrastructure dedicated to counties. (a) A county shall, within sixty days from the date of the request, accept or reject a dedication request from an affordable, workforce, mixed use, or rental housing project constructed under chapter 201H to connect its infrastructure to the county's infrastructure, including its roadways, water, sewer, and drainage systems, upon the payment of the applicable meter and connection fees and utility costs; provided that the infrastructure conforms to county building codes in effect at the time of construction; and provided further that the dedicated infrastructure is certified to be in compliance by either the county inspector responsible for accepting dedicated infrastructure, or a third-party licensed building inspector. If the infrastructure dedication is not accepted or rejected by the county within sixty days of the dedication request, the infrastructure shall be automatically dedicated to the county.

(b) As used in this section, "third-party licensed building inspector" means a licensed private sector inspector that is contracted by a state or county agency to perform building plan review functions, including building inspections, mechanical inspections, electrical inspections, and plumbing inspections."

SECTION 3. Section 264-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) All roads, alleys, streets, ways, lanes, trails, bikeways, and bridges in the [State,] state, opened, laid out, or built by private parties and dedicated or surrendered to the public use, are declared to be public highways or public trails as follows:

(1) Dedication of public highways or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway or trail and naming the county as grantee in the case of a county highway or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway or the board of land and natural resources in the case of a state trail. In the case of a county highway or county trail, the deed shall be delivered to and accepted by the legislative body of a county.

(2) Surrender of public highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted the same as a county highway or trail.

(3) The counties shall accept dedications of public highways or trails if the road, alley, street, bikeway, way, lane, trail, or bridge is part of an affordable housing development; provided that it conforms to county building codes that were in effect at the time of construction; and provided further that the dedicated infrastructure is certified to be in compliance by either the county inspector responsible for accepting dedicated infrastructure, or a third-party licensed building inspector. Dedication shall be deemed to have taken place if the infrastructure dedication is not accepted or rejected by the county within sixty days of the dedication request.

In every case where the road, alley, street, bikeway, way, lane, trail, bridge, or highway is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law, the legislative body of the county shall accept the dedication or surrender of the same without exercise of discretion.

As used in this subsection, "third-party licensed building inspector" means a licensed private sector inspector that is contracted by a state or county agency to perform building plan review functions, including building inspections, mechanical inspections, electrical inspections, and plumbing inspections."

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.