THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 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 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
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; [
(4) If the proposed housing project is a for-sale project, as an alternative to the existing provisions found in chapter 201H, it does not require income restrictions, provided the proposed housing project is built only for:
(A) Residents of the State of Hawaii;
(B) Who will be owner-occupants of the units in perpetuity; and
(C) Own no other real property; and
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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Housing; Exemption; Income Restrictions
Amends section 201H-38 of the Hawaii Revised Statutes to clarify that the section does not require income restrictions for projects that are built for Hawaii residents, who will be owner-occupants in perpetuity, and who own no other property. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.