HOUSE OF REPRESENTATIVES |
H.B. NO. |
142 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING ON HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each county shall recognize
housing units developed by the department of Hawaiian home lands and issue
affordable housing credits to the department of Hawaiian home lands [with
respect to existing and future Hawaiian home lands projects upon a request for
such credits by the department of Hawaiian home lands]. The credits shall
be transferable and shall be issued on a [one-unit] one-credit
for one-unit basis[.], unless the housing unit is eligible for
additional credits as provided by adopted county ordinances, rules, or any
memoranda of agreement between a county and the department of Hawaiian home
lands. In the event that credits are transferred by the department of Hawaiian
home lands, twenty-five per cent of the revenue from the transfer shall be used
by the department of Hawaiian home lands to develop units for rental
properties. Credits shall be issued for each single-family residence, multi-family
unit, other residential unit, whether for purposes of sale or rental, or
if allowed under the county's affordable housing programs, vacant lot,
developed by the department of Hawaiian home lands. The credits may be applied
county-wide within the same county in which the credits were earned to satisfy
affordable housing obligations imposed by the county on [market priced] market-priced
residential and non-residential developments. County-wide or project-specific
requirements for [the location of affordable housing units;] housing
class, use, or type; or construction time[; or other county
requirements] for affordable housing units shall not impair, restrict, or
condition the county's obligation to apply the credits in full satisfaction of
all county requirements, whether by rule, ordinance, or particular
zoning conditions of a project. Notwithstanding any provisions herein to
the contrary, the department and the respective counties may enter into a
memorandum of agreement to establish, modify, or clarify the conditions for the
issuance, transfer, and redemption of the affordable housing credits in
accordance with county affordable housing ordinances or rules; provided that at
least half of the affordable housing credits issued by the city and county of
Honolulu shall be subject to a memorandum of agreement to establish, modify, or
clarify the conditions for the issuance, transfer, and redemption of the
affordable housing credits in accordance with the city and county of Honolulu's
affordable housing ordinances or rules.
For purposes of this section, "affordable housing obligation" means the requirement imposed by a county, regardless of the date of its imposition, to develop vacant lots, single-family residences, multi-family residences, or any other type of residence for sale or rent to individuals within a specified income range."
SECTION 2. Nothing in this Act shall amend the terms and conditions agreed to by the department of Hawaiian home lands and any county for any affordable housing credits already issued to the department of Hawaiian home lands prior to the effective date of this Act.
SECTION 3. Act 141, Session Laws of Hawaii 2009, is amended by amending section 3 to read as follows:
"SECTION 3. This Act shall take effect on
July 1, 2009[; provided that on June 30, 2015, this Act shall be repealed
and section 46-15.1, Hawaii Revised Statutes, shall be reenacted in the form in
which it read on the day before the approval of this Act]."
SECTION 4. Act 98, Session Laws of Hawaii 2012, is amended by amending section 3 to read as follows:
"SECTION 3. This
Act shall take effect upon its approval [, and shall be repealed on June 30,
2015; provided that section 46-15.1(b), Hawaii Revised Statutes, shall be
reenacted pursuant to section 3 of Act 141, Session Laws of Hawaii 2009]."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on June 29, 2050.
Report Title:
Hawaiian Home Lands; Affordable Housing Credits
Description:
Requires that twenty-five per cent of proceeds from the transfer of credits be used by the Department of Hawaiian Home Lands to develop rentals. Requires that fifty per cent of credits issued to the Department of Hawaiian Home Lands by the City and County of Honolulu shall be subject to a memorandum of agreement. Makes permanent the provisions for affordable housing credits for affordable housing developed on Hawaiian home lands. Effective date 6/29/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.