RELATING TO HOUSING.

HB1480

HOUSE OF REPRESENTATIVES

H.B. NO.

1480

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to housing
.

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

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SECTION 1.
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The
legislature finds that section 201H-38, Hawaii Revised Statutes, was enacted in
2006 to authorize the Hawaii housing finance and development corporation to
grant affordable housing projects approved by the agency exemptions from any
statutes, ordinances, and rules of any governmental agency relating to
planning, zoning, and construction standards that would not negatively affect
the health and safety of the general public.
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These exceptions were also intended to expedite the building process for
urgently needed housing.
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Applications
for exemptions pursuant to section 201H-38, Hawaii Revised Statutes, for
affordable housing projects increased in 2019 after new rules under chapter
343, Hawaii Revised Statutes, relating to environmental impact statements,
removed a requirement that projects approved pursuant to section 201H-38,
Hawaii Revised Statutes, be accompanied by draft environmental assessments.

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The legislature also finds that several
housing projects proposed for development pursuant to section 201H-38, Hawaii
Revised Statutes, have recently been approved in neighborhoods where existing
infrastructure has raised concerns regarding whether that infrastructure can
adequately sustain higher-density development.

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The legislature further finds that transit-oriented
development (TOD) zones, or specially zoned areas within one-fourth to one-half
mile of a rail station, are designed to encourage people to live, work, and
shop within walking or biking distance of a rail station.
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These TOD zones are more likely to have
coordinated infrastructure plans that include integrated roadways, sewer,
water, and electrical infrastructure projects and land use requirements that
can support the housing projects developed pursuant to section 201H-38, Hawaii
Revised Statutes.

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Accordingly, the purpose of this Act is to
require housing projects developed pursuant to section 201H-38, Hawaii Revised
Statutes, to be located within county-designated transit-oriented development zones
or within a certain distance of a proposed or existing transit station.

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SECTION

2
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Section
201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

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(a)
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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, charter provisions, ordinances, 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:

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(1)
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The housing projects
are located within
county-designated transit-oriented development zones, or within a one-half mile
radius of a proposed or existing transit station if the county has not
designated transit-oriented development zones, and
meet the following
conditions:

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(A)
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The
corporation finds the housing project is consistent with the purpose and intent
of this chapter, and meets minimum requirements of health and safety;

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(B)
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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;

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(C)
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The legislative body of the county in which
the housing project is to be situated has approved the project with or without
modifications:

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(i)
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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.
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If on the forty-sixth day a project is not
disapproved, it shall be deemed approved by the legislative body;

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(ii)
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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

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(iii)
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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.
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The final plans and
specifications for the project shall constitute the zoning, building,
construction, and subdivision standards for that project.
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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

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(D)
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The land use commission has approved, approved
with modification, or disapproved a boundary change within forty-five days
after the corporation has submitted a petition to the commission as provided in
section 205-4.
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If, on the forty-sixth
day, the petition is not disapproved, it shall be deemed approved by the
commission; or

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(2)
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The
housing projects:

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(A)
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Meet
the conditions of paragraph (1);

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(B)
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Do
not impose stricter income requirements than those adopted or established by
the State; and

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(C)
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For
the lifetime of the project, require one hundred per cent of the units in the
project be exclusively for qualified residents."

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Housing;
Exemptions; Transit-Oriented Zones; Development

Description:

Requires
housing projects developed pursuant to section 201H-38, HRS, to be located
within county-designated transit-oriented zones.

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