Report Title:

Housing; Infrastructure Development

 

Description:

Expedites project reviews for mixed-use housing and related infrastructure projects to stimulate affordable housing development.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

360

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to 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 comprised 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. This Act implements the legislative recommendations of the task force.

The State recognizes that the need for more affordable housing in Hawaii remains a significant problem affecting all segments of society. Although a process is in place that provides an opportunity to develop affordable housing projects using an expedited review at the state and county levels, no similar process exists for mixed-use projects with an affordable housing component, or infrastructure projects that are associated with housing projects or mixed-use housing projects. If an expedited review were provided for these types of projects, the State may be able to stimulate more affordable housing development at a faster pace.

Accordingly, the purpose of this Act is to allow mixed-use housing projects and infrastructure projects that are associated with a housing or mixed-use housing project to be eligible for the expedited review process currently offered to qualifying housing projects.

SECTION 2. Section 201H-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Infrastructure" means any facility, public work, or utility installed or improved by the government for the functioning of a community or private or government owned facility.

"Mixed-use housing" means the combination of different types of structures in a housing project including commercial, public facilities, industrial, and residential that may include single family, multi-family, for sale, lease, rental, low, moderate, workforce, affordable, and market housing, or combinations of the foregoing, but at least twenty per cent of the housing units shall be for individuals and families that meet the affordable income threshold under section 201H-202(e)(2)."

SECTION 3. Section 201H-38, Hawaii Revised Statutes, is amended to read as follows:

"201H-38 Housing development; exemption from statutes, ordinances, charter provisions, and rules. (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, mixed-use housing projects, or infrastructure projects associated with a housing or mixed-use housing project, 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, mixed-use housing project, or infrastructure project associated with a housing or mixed-use 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, mixed-use housing project, or infrastructure project associated with a housing or mixed-use 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, mixed-use housing project, or infrastructure project associated with a housing or mixed-use housing project is to be situated shall have approved the project with or without modifications:

(A) The legislative body shall approve, approve with modification, 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 modification, 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.

(b) For the purposes of this section, "government assistance program" means a housing program qualified by the corporation and administered or operated by the corporation or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on June 30, 2009.

 

INTRODUCED BY:

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