HOUSE OF REPRESENTATIVES	H.B. NO.	928
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
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 need for affordable housing must be carefully weighed against the impacts it may have on Hawaii's environment.  Near conservation, agriculture, and other non-urban areas, care must be taken to ensure any impact from development will not cause significant harm to natural resources and the environment.  However, in the urban core, where impacts to the environment may be inconsequential due to the existing development and population, additional impact statements and studies do not provide additional safeguards to the environment.

     The legislature further finds that one of the triggers for environmental assessments and environmental impact statements is the use of state or county funds for the project, while privately financed projects do not similarly trigger environmental assessments or environmental impact statements.  To streamline the process within the urban core to build affordable housing projects, affordable housing projects developed by the Hawaii housing finance and development corporation within the urban core that receive money from the state should be exempted from further environmental review.

     SECTION 2.  Section 343-5.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§343-5.5[]]  Exception to applicability of chapter.  (a)  Notwithstanding any other law to the contrary, for any primary action that requires a permit or approval that is not subject to a discretionary consent and that involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapter; provided that the applicant for the primary action shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required.

(b)  The development of any affordable housing project within an urban core and pursuant to chapter 201H shall be exempt from this chapter.

     [(b)] (c)  As used in this section:

"Affordable housing" means the same as defined in section 201H-57.

     "Discretionary consent" means:

     (1)  An action as defined in section 343-2; or

     (2)  An approval from a decision-making authority in an agency, which approval is subject to a public hearing.

     "Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements.

     "Primary action" means an action outside of the highway or public right-of-way that is on private property.

     "Secondary action" means an action involving infrastructure within the highway or public right-of-way.

"Urban core" means areas of land that meet the following requirements:

(1) Land within an urban district pursuant to section 205-2;

(2) Land that meets all applicable county zoning codes; and

(3) Land under the regulatory authority of the Hawaii housing finance and development corporation."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon a date to be determined.

Report Title:

Affordable Housing; Hawaii Housing Finance and Development Corporation; Urban Core; Environmental Assessments; Environmental Impact Statements; Exemption

Description:

Exempts the development of affordable housing projects developed in the urban core by the Hawaii Housing Finance and Development Corporation from environmental assessment and environmental impact statement requirements.  (HB928 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.