RELATING TO HOUSING.

HB419

HOUSE OF REPRESENTATIVES

H.B. NO.

419

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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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
]

thirty
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
]
thirty-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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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 3.
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This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Housing
Development; Exemptions; Counties

Description:

Decreases
the time period for the legislative body of a county to approve, approve with
modification, or disapprove housing developments exempt from certain
requirements pursuant to section 201H-38, HRS, from forty-five days to thirty
days.

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