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HB527
HOUSE OF REPRESENTATIVES
H.B. NO.
527
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
days after the corporation has submitted the preliminary plans and
specifications for the project to the legislative body[
.
]
; provided
that the legislative body shall not make any modifications that will increase
the cost of the project.
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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 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:
_____________________________
Report Title:
Hawaii
Housing Finance and Development Corporation; Housing Development; Counties;
Modifications
Description:
Prohibits
the legislative body of a county from making modifications to housing development
proposals that would increase the cost of the project.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.