RELATING TO AFFORDABLE HOUSING DEVELOPMENT.

HB203

HOUSE OF REPRESENTATIVES

H.B. NO.

203

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO AFFORDABLE HOUSING DEVELOPMENT
.

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

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SECTION
1
.
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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 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
]

ninety
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
]
ninety-first

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
2.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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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:

Affordable
Housing; County Council Approval; Deadline

Description:

Revises
the deadline for a county council to take action on a low- and moderate-income
housing project's application from 45 days to 90 days after receipt of the
applicable agency's report and the proposed project's preliminary plans and
specifications.

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not legislation or evidence of legislative intent.