SB1841

Report Title:

Affordable Housing; Permit Processing

Description:

Requires all state and county agencies to give affordable housing projects priority in permit and approval review and issuing process. Exempts county housing projects from statutes, ordinances, charter provisions, and rules.

THE SENATE	S.B. NO.	1841
TWENTY-THIRD LEGISLATURE, 2005
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. The legislature finds that the present lack of a supply of affordable housing is turning the State into one of "haves" and "have nots". Desperately needed affordable housing is a major problem this State is facing. Another related problem this State is facing is the myriad and complex land use permit process faced by any real estate development project.

The purpose of this bill is to require all state and county agencies to give priority to affordable housing projects in the permit review and issuing process.

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

"§46- Affordable housing projects, priority. (a) Any permit applications for a housing project that is certified to be an affordable housing project by the housing and community development corporation of Hawaii or any county agency that has been delegated or has assumed the powers under section 46-15.1 shall be given the highest priority by all county agencies reviewing and issuing any permits required by the affordable housing project.

(b) For purposes of this section:

(1) "Affordable housing project" means any housing project that offers at least one-half of all housing units in the project to persons or families earning one hundred forty per cent or less of the median family income for that area, as determined by the United States Department Housing and Urban Development.

(2) "Permit" means but is not limited to a special area management permit, variance, conditional use permit, special permit, subdivision permit, grubbing and grading permit, building permit, water meter permit, and occupancy permit.

§46- Housing development; exemption from statutes, ordinances, charter provisions, rules. (a) Any county agency that has been delegated or has assumed the powers under section 46-15.1 may develop, on behalf of the county 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 governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of units thereon; provided that:

(1) The county agency finds the project is consistent with the purpose and intent of this section and sections 46-15.1 and 46-15.2, and meets minimum requirements of health and safety;

(2) The development of the proposed project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or the various boards of water supply authorized under chapter 54; and

(3) The county council shall have approved the project subject to the following:

(A) The council shall approve or disapprove a project by resolution within forty-five days after the county agency has submitted the preliminary plans and specifications for the project to the council. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the council;

(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, or disapproving the plans and specifications; and

(C) The final plans and specifications for the project shall be deemed approved by the council 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 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 or disapprove any required boundary change within forty-five days after the county agency 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 county agency and administered or operated by the county agency or the United States or any of its political subdivisions, agencies, or instrumentalities, corporate or otherwise."

SECTION 3. Chapter 201G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201G- Affordable housing, priority. (a) Any permit applications for a housing project that is certified to be an affordable housing project by the housing and community development corporation of Hawaii or any county agency that has been delegated or has assumed the powers under section 46-15.1 shall be given the highest priority by all state agencies reviewing and issuing any approvals or permits required by the affordable housing project.

(b) For purposes of this section:

(2) "Approvals or permits" means but is not limited to a land use district boundary amendment, conservation district use permit, department of health certificates of need or necessity, wastewater facility approval, limited access highway or similar approval, or permit for the withdrawal, diversion, or consumptive use of water."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________