THE SENATE |
S.B. NO. |
2066 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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 by amending subsection (a) to read as follows:
"(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[:] either:
(1) The housing projects meet the following
conditions:
[(1)] (A) 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)] (B) 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)] (C) 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)] (i) 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)] (ii) 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
[(C)] (iii) The 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; and
[(4)] (D) 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[.]; or
(2) The housing projects:
(A) Meet the conditions of paragraph (1);
and
(B) Shall be exclusively for sale
or rent to occupants who are Hawaii residents who own no other real property."
SECTION 2. Section 201H-41, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
The corporation may accept and approve housing projects independently
initiated by private developers that fully comply with subsections (a) and
(b). The corporation may review the
plans, specifications, districting, and zoning of the project for the purpose
of exempting the project from all statutes, ordinances, charter provisions, and
rules of any government agency relating to zoning and construction standards
for subdivisions, development, and improvement of land and the construction,
improvement, and sale of dwelling units thereon; provided that the procedures
in section [201H-38(a)(1), (2), and (3)] 201H-38(a)(1)(A) through (C)
have been satisfied."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Hawaii Housing Finance and Development Corporation; Housing Development; Planning Exemptions
Description:
Requires certain projects meeting the criteria of section 201H-38(a)(1), Hawaii Revised Statutes, to be exclusively for sale or rent to occupants who are Hawaii residents who own no other real property.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.