THE SENATE

S.B. NO.

2424

TWENTY-NINTH LEGISLATURE, 2018

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HOUSING FOR NATIVE HAWAIIANS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that micro housing is an emerging trend and a feasible type of housing that can help achieve the housing obligations of the department of Hawaiian home lands by reducing the cost of development and fostering an adequate supply of housing, particularly for native Hawaiians for whom "affordable housing" is oftentimes simply unaffordable. "Tiny homes" are a form of affordable housing that may address the State's persistent housing shortage. Tiny homes and their multifamily counterpart, micro-unit apartments, are typically constructed using a modular, prefabricated build system or hybrid that involves some conventional construction. Tiny homes are also ideal for accessory dwelling units, popularly known for decades as ohana units, which are usually add-ons to existing homes and can serve as either affordable rentals or additional shelter for overcrowded residences.

The legislature further finds that micro housing or tiny homes are a cost-effective way to address the housing shortage in Hawaii because these homes make efficient use of scarce and expensive land. It is estimated that ten thousand homestead lots are suitable for tiny homes, and native Hawaiians could benefit from funding to construct tiny homes.

Furthermore, legalizing micro housing will help the department of Hawaiian home lands to achieve its objectives for socio-cultural advancement with regard to housing, as set forth in Act 349, Session Laws of Hawaii 1990, which proposes the addition of the following language to section 101 of the Hawaiian Homes Commission Act, 1920, as amended: "The Congress of the United States and the State of Hawaii declare that the policy of this Act is to enable native Hawaiians to return to their lands in order to fully support self-sufficiency for native Hawaiians and the self-determination of native Hawaiians . . . ."

The legislature further finds that the federal Community Development Financial Institutions Fund provides awards to organizations that make credit, capital, and other critical financial services available to disadvantaged businesses and low-income communities throughout the country. Several organizations in Hawaii are recipients of awards from various Community Development Financial Institutions Fund programs and may be able to provide matching funds to assist in the construction of micro housing units for certain lessees of native Hawaiian trust lands managed by the department of Hawaiian home lands or to provide loan assistance to purchase or lease the micro housing units.

The purpose of this Act is to:

(1) Authorize the construction and use of micro housing units on Hawaiian home lands approved by the department of Hawaiian home lands and leased to individuals who meet the minimum Hawaiian blood quantum requirement pursuant to section 209 of the Hawaiian Homes Commission Act, 1920, as amended;

(2) Authorize the use of the Hawaiian home loan fund and Hawaiian home general loan fund for assistance in purchasing or renting micro housing units for use on Hawaiian home lands approved by the department of Hawaiian home lands and leased to native Hawaiian beneficiaries who meet the minimum blood quantum requirement; and

(3) Make an appropriation to the department of Hawaiian home lands to:

(A) Construct micro housing units, subject to certain conditions; and

(B) Building the general organizational capacity of native Hawaiian-controlled nonprofit housing developers.

SECTION 2. Chapter 107, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"107-   Micro housing units; exemptions. (a) Notwithstanding any county zoning laws to the contrary, the construction and use of micro housing units shall be allowed on Hawaiian home lands approved by the department of Hawaiian home lands and leased to individuals who meet the minimum Hawaiian blood quantum requirement pursuant to section 209 of the Hawaiian Homes Commission Act, 1920, as amended.

(b) For purposes of this section, "micro housing unit" means a dwelling unit with a total floor area of less than eight hundred square feet and that includes a bed, kitchen, kitchen sink, cooking and refrigeration appliances, and a partitioned-off bathroom containing a toilet and a bathtub or shower. "Micro housing unit includes an accessory dwelling unit."

SECTION 3. Section 214, Hawaii Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:

"(a) The department may make loans from revolving funds to any lessee or native Hawaiian to whom, or any cooperative association to which, a lease has been issued under section 207(a) of this Act or a license has been issued under section 207(c)(1)(B) of this Act. Such loans may be made for the following purposes:

(1) The repair or maintenance or purchase or erection of dwellings on any tract, and the undertaking of other permanent improvements thereon;

(2) The purchase of livestock, swine, poultry, fowl, aquaculture stock, and farm and aquaculture equipment;

(3) Otherwise assisting in the development of tracts and of farm, ranch, and aquaculture operations, including:

(A) The initial and on-going development, improvement, operation, and expansion of homestead farms, ranches, and aquaculture enterprises;

(B) The liquidation of indebtedness incurred for any of the foregoing purposes relating to farm loans aged less than five years;

(C) The payment of normal and reasonable living expenses of a full-time farmer;

(D) The planning, layout, and installation of soil and water conservation practices; and

(E) Providing relief and rehabilitation to homestead farmers and ranchers due to damage by rain and windstorms, droughts, tidal wave, earthquake, volcanic eruption, and other natural catastrophes, and for livestock disease, epidemics, crop blights, and serious effects of prolonged shipping and dock strikes;

(4) The cost of breaking up, planting, and cultivating land and harvesting crops, the cost of excavating or constructing aquaculture ponds and tanks, the purchase of seeds, fertilizers, feeds, insecticides, medicines, and chemicals for disease and pest control for animals, fish, shellfish, and crops, and the related supplies required for farm, ranch, and aquaculture operations, the erection of fences and other permanent improvements for farm, ranch, and aquaculture purposes and the expense of marketing; [and]

(5) To assist licensees in the operation or erection of theaters, garages, service stations, markets, stores, and other mercantile establishments, all of which shall be owned by native Hawaiians or by organizations formed and controlled by native Hawaiians[.]; and

(6) To provide loans to qualifying lessees for the purchase or lease of micro housing units for use on Hawaiian home lands; provided that:

(A) Each loan shall not exceed $125,000; and

(B) The department of Hawaiian home lands shall determine the criteria to be met by lessees in order to qualify for loans pursuant to this paragraph, which shall include meeting the minimum Hawaiian blood quantum requirement pursuant to section 209 of the Hawaiian Homes Commission Act, 1920, as amended.

For purposes of this paragraph, "micro housing unit" means a dwelling unit with a total floor area of less than eight hundred square feet and that includes a bed, kitchen, kitchen sink, cooking and refrigeration appliances, and a partitioned-off bathroom containing a toilet and a bathtub or shower. "Micro housing unit" includes an accessory dwelling unit."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the construction of micro housing units as defined in section 107‑  , Hawaii Revised Statutes, to be matched on a dollar-for-dollar basis by funds awarded through the Native Community Development Financial Institutions Program; provided that:

(1) The cost of construction of each micro housing unit shall not exceed $125,000;

(2) A micro housing unit may be constructed on an existing homestead lot upon which a home already exists; provided that the micro housing unit shall be occupied by another individual or family related to the existing lessee; and

(3) Native community development financial institutions participating pursuant to this section shall determine the criteria for lessees to qualify for applicable loans.

The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 to build the general organizational capacity of native Hawaiian-controlled nonprofit housing developers; provided that each nonprofit housing developer:

(1) Has a board of directors that consists of members who are of at least fifty-one per cent native Hawaiian ancestry; and

(2) Is able to demonstrate past experience developing housing units on Hawaiian home lands.

The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.

SECTION 6. The amendments made by this Act are declared to be severable, and if any of them, or the application thereof to any person or circumstances, is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States, and the effectiveness of the remainder of these legislative amendments or the application thereof shall not be affected.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050; provided that section 3 shall take effect with the consent of the United States Congress.


 


 

Report Title:

DHHL; HHFDC; Micro Housing; Tiny Homes; Appropriation

 

Description:

Authorizes the construction and use of micro housing units on Hawaiian home lands approved by the Department of Hawaiian Home Lands, and leased to native Hawaiian beneficiaries who meet the minimum Hawaiian blood quantum requirement, notwithstanding county zoning laws. Authorizes the use of the Hawaiian home loan fund and Hawaiian home general loan fund for assistance in purchasing or renting micro housing units for use on approved Hawaiian home lands and leased to beneficiaries who meet the minimum Hawaiian blood quantum requirement. Makes appropriations to the Department of Hawaiian Home Lands for construction of micro housing units, subject to certain conditions, and to build general organizational capacity of native Hawaiian-controlled nonprofit housing developers. Effective 7/1/2050. (SD2)

 

 

 

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