Back to Hawaii

HB740 • 2026

RELATING TO HOUSING.

RELATING TO HOUSING.

Budget Housing Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
EVSLIN, AMATO, GRANDINETTI, HOLT, KAHALOA, MATSUMOTO, MIYAKE, MORIKAWA, SOUZA, TARNAS, WARD
Last action
2026-04-02
Official status
Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
Effective date
Not listed

Plain English Breakdown

The bill's effective date is July 1, 2050, which seems unusual and might be a typo or future projection.

Accessory Dwelling Unit Financing and Deed Restriction Program

This bill establishes a program under the Hawaii Housing Finance and Development Corporation to allocate funds for counties to purchase equity in accessory dwelling units (ADUs) built on existing properties, with certain restrictions.

What This Bill Does

  • Creates an Accessory Dwelling Unit Financing and Deed Restriction Program within the Hawaii Housing Finance and Development Corporation.
  • Allocates funds from the Dwelling Unit Revolving Fund to counties for purchasing equity in accessory dwelling units (ADUs).
  • Provides grants to eligible homeowners or homebuyers to cover construction, development, and non-recurring closing costs associated with building an ADU.
  • Requires a deed restriction on properties with ADUs funded by this program, ensuring the property is occupied by someone who works at least 30 hours per week in Hawaii for up to five years after completion.

Who It Names or Affects

  • Homeowners and homebuyers eligible under the program rules.
  • Counties that receive funds from the state to implement the program.

Terms To Know

Accessory Dwelling Unit (ADU)
A small home built on the same property as an existing main house, with its own kitchen, bedroom, and bathroom.
Deed Restriction
An agreement recorded in a property's title that limits how the property can be used or sold.

Limits and Unknowns

  • The bill does not specify exact amounts of funding for each county.
  • It is unclear what happens if funds are not spent within one year by counties.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

1

Hawaii published version HD1

Plain English: The amendment establishes a program for financing accessory dwelling units and placing deed restrictions to ensure they are occupied by local residents.

  • Adds definitions for key terms such as 'accessory dwelling unit', 'development costs', 'eligible homeowner or homebuyer', and 'qualified business'.
  • Establishes an accessory dwelling unit financing and deed restriction program under the Hawaii Housing Finance and Development Corporation to provide grants and purchase deed restrictions.
  • Sets requirements for deed restrictions, including minimum lease terms and priority over other property restrictions.
  • The text is incomplete and does not fully explain all aspects of the amendment's impact or implementation details.
HD2

3

Hawaii published version HD2

Plain English: The amendment establishes a program for financing accessory dwelling units and placing deed restrictions on them.

  • Adds definitions for key terms such as 'Accessory Dwelling Unit', 'Development Costs', and 'Eligible Homeowner or Homebuyer'.
  • Establishes an accessory dwelling unit financing and deed restriction program under the Hawaii Housing Finance and Development Corporation.
  • Sets requirements for eligible homeowners or homebuyers to receive grants and place deed restrictions on their properties.
  • The text is truncated, so some details about the full scope of the program are missing.
SD1

5

Hawaii published version SD1

Plain English: The amendment establishes an accessory dwelling unit financing and deed restriction program to help eligible homeowners or homebuyers finance the construction of additional housing units while ensuring these units are prioritized for local residents, particularly government employees.

  • Adds a new subpart in Chapter 201H of Hawaii Revised Statutes to establish an accessory dwelling unit financing and deed restriction program under the Hawaii Housing Finance and Development Corporation.
  • Defines key terms such as 'Accessory Dwelling Unit', 'Development Costs', 'Eligible Homeowner or Homebuyer', and 'Qualified Business'.
  • Specifies that counties can apply for funds from the corporation to finance construction costs of accessory dwelling units and place deed restrictions on these properties.
  • The text is truncated, so some details about how the program will operate are not provided.
  • Specific rules and requirements for applying for funding under this program have not been fully detailed in the given amendment text.
SD2

7

Hawaii published version SD2

Plain English: The amendment establishes a program for financing accessory dwelling units (ADUs) through the Hawaii Housing Finance and Development Corporation, which includes providing funds to eligible homeowners or homebuyers to construct ADUs and placing deed restrictions on these properties.

  • Establishes an accessory dwelling unit financing and deed restriction program under the Hawaii Housing Finance and Development Corporation.
  • Defines key terms such as 'Accessory Dwelling Unit', 'Development Costs', 'Eligible Homeowner or Homebuyer', and 'Qualified Business'.
  • Sets rules for allocating funds from the rental housing revolving fund to counties for purchasing equity in ADUs and placing deed restrictions on properties.
  • The text is truncated, so some details about how the program will operate are not provided.
  • Specific dollar amounts for administrative costs and total contribution limits per property are mentioned but not fully detailed due to incomplete information.

Bill History

  1. 2026-04-02 S

    Received notice of the discharge of all House Conferees (Hse. Com. No. 457).

  2. 2026-04-01 H

    House Conferee(s) discharged.

  3. 2026-03-20 H

    Received notice of all Senate conferees being discharged (Sen. Com. No. 409).

  4. 2026-03-20 S

    Senate Conferee(s) discharged.

  5. 2025-12-08 D

    Carried over to 2026 Regular Session.

  6. 2025-04-25 S

    Conference committee meeting to reconvene on 04-25-25 4:30 PM; Conference Room 225.

  7. 2025-04-25 S

    Conference committee meeting to reconvene on 04-25-25 3:30 PM; Conference Room 016.

  8. 2025-04-24 S

    Conference committee meeting to reconvene on 04-25-25 10:30AM; Conference Room 224.

  9. 2025-04-23 S

    Conference committee meeting to reconvene on 04-24-25 10:30AM; Conference Room 224.

  10. 2025-04-22 S

    Conference committee meeting to reconvene on 04-23-25 10:30AM; Conference Room 224.

  11. 2025-04-21 S

    Conference committee meeting scheduled for 04-22-25 10:25AM; Conference Room 224.

  12. 2025-04-17 H

    Received notice of Senate conferees (Sen. Com. No. 826).

  13. 2025-04-17 S

    Senate Conferees Appointed: Chang Chair; Hashimoto Co-Chair; Fevella.

  14. 2025-04-15 S

    Received notice of appointment of House conferees (Hse. Com. No. 732).

  15. 2025-04-14 H

    House Conferees Appointed: Evslin, Poepoe, Miyake Co-Chairs; Grandinetti, Muraoka.

  16. 2025-04-11 S

    Received notice of disagreement (Hse. Com. No. 704).

  17. 2025-04-10 H

    House disagrees with Senate amendment (s).

  18. 2025-04-08 H

    Returned from Senate (Sen. Com. No. 671) in amended form (SD 2).

  19. 2025-04-08 S

    Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

  20. 2025-04-03 S

    48 Hrs. Notice 04-08-25.

  21. 2025-04-03 S

    Reported from WAM (Stand. Com. Rep. No. 1659) with recommendation of passage on Third Reading, as amended (SD 2).

  22. 2025-03-31 S

    The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

  23. 2025-03-28 S

    The committee(s) on WAM will hold a public decision making on 03-31-25 10:02AM; Conference Room 211 & Videoconference.

  24. 2025-03-20 S

    Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

  25. 2025-03-20 S

    Reported from HOU (Stand. Com. Rep. No. 1179) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

  26. 2025-03-11 S

    The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 3 Aye(s): Senator(s) Chang, Hashimoto, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Aquino, Fevella.

  27. 2025-03-07 S

    The committee(s) on HOU has scheduled a public hearing on 03-11-25 1:10PM; Conference Room 225 & Videoconference.

  28. 2025-03-06 S

    Referred to HOU, WAM.

  29. 2025-03-06 S

    Passed First Reading.

  30. 2025-03-06 S

    Received from House (Hse. Com. No. 277).

  31. 2025-03-04 H

    Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate.

  32. 2025-02-28 H

    Reported from FIN (Stand. Com. Rep. No. 1128), recommending passage on Third Reading.

  33. 2025-02-25 H

    The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Kitagawa, Ward.

  34. 2025-02-21 H

    Bill scheduled to be heard by FIN on Tuesday, 02-25-25 10:00AM in House conference room 308 VIA VIDEOCONFERENCE.

  35. 2025-02-13 H

    Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Reyes Oda voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kitagawa, Ward excused (3).

  36. 2025-02-13 H

    Reported from JHA (Stand. Com. Rep. No. 617) as amended in HD 2, recommending referral to FIN.

  37. 2025-02-06 H

    The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: Representative(s) Shimizu; Noes: none; and 1 Excused: Representative(s) Garcia.

  38. 2025-02-03 H

    Bill scheduled to be heard by JHA on Thursday, 02-06-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.

  39. 2025-02-03 H

    Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Garcia, Shimizu voting aye with reservations; Representative(s) Muraoka, Pierick voting no (2) and Representative(s) Cochran, Ward excused (2).

  40. 2025-02-03 H

    Reported from HSG (Stand. Com. Rep. No. 53) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

  41. 2025-01-29 H

    The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Evslin, Miyake, Grandinetti, Kila, Kitagawa, La Chica; Ayes with reservations: none; 2 Noes: Representative(s) Muraoka, Pierick; and 1 Excused: Representative(s) Cochran.

  42. 2025-01-27 H

    Bill scheduled to be heard by HSG on Wednesday, 01-29-25 9:15AM in House conference room 430 VIA VIDEOCONFERENCE.

  43. 2025-01-21 H

    Referred to HSG, JHA, FIN, referral sheet 2

  44. 2025-01-21 H

    Introduced and Pass First Reading.

  45. 2025-01-17 H

    Pending introduction.

Official Summary Text

RELATING TO HOUSING.
Hawaii Housing Finance and Development Corporation; Rental Housing Revolving Fund; Counties; Accessory Dwelling Units; Purchase of Equity; Voluntary Deed Restrictions; Appropriation ($)
Establishes the Accessory Dwelling Unit Financing and Deed Restriction Program to allocate funds to the counties for the purchase of equity in an accessory dwelling unit by the State. Specifies eligible homeowners or homebuyers for the Program to finance construction costs, development costs, and non-reoccurring closing costs associated with the construction of an accessory dwelling unit and purchase deed restrictions on the property. Appropriates moneys for infrastructure projects. Sunsets 1/1/2031. Takes effect 7/1/2050. (SD2)

Current Bill Text

Read the full stored bill text
HB740

HOUSE OF REPRESENTATIVES

H.B. NO.

740

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:

����
SECTION
1.
�
The legislature believes that it is
important to promote the development of additional housing while securing that
housing for local residents working in Hawaii.

����
Accordingly,
the purpose of this Act is to establish
an accessory
dwelling unit financing and deed restriction program
under the Hawaii housing finance and development corporation.

����
SECTION
2.
�
Chapter 201H, Hawaii Revised
Statutes, is amended by adding a new subpart to part III to be appropriately
designated and to read as follows:

" .
�
ACCESSORY DWELLING UNIT FINANCING AND DEED
RESTRICTION PROGRAM

����
�201H-A
�
Definitions.
�
As used in this subpart, unless the context
otherwise requires:

����
"Accessory
dwelling unit" means an accessory or a second dwelling unit that includes
its own kitchen, bedroom, and bathroom facilities, and is attached or detached
from the primary dwelling unit on the zoning lot on which the primary dwelling
unit of the owner is located.

����
"Development
costs" includes costs associated with site preparation, architectural or
engineering design, permits, soil tests, impact fees, and property survey.

����
"Eligible
homeowner or homebuyer" means a person or family, without regard to race,
creed, national origin, or sex, who:

����
(1)
�
Is a citizen of
the United States or a resident alien;

����
(2)
�
Is a resident domiciled
in the State;

����
(3)
�
Is
at least eighteen years of age;

����
(4)
�
Agrees to sell to
the county and place a deed restriction on the primary dwelling unit and
accessory dwelling unit that is in compliance with section 201H-C;

����
(5)
�
Agrees to comply
with annual reporting requirements as provided pursuant to section 201H-E;

����
(6)
�
Owns no other
property with a deed restriction pursuant to this subpart; and

����
(7)
�
Meets any other
qualifications as established by rules adopted by the corporation or county.

����
"Qualified
business" means a corporation, partnership, sole proprietorship, trust or
foundation, or any other individual or organization carrying on a business,
whether or not operated for profit:

����
(1)
�
With a physical
presence within the State;

����
(2)
�
With a current and
valid business license to operate in the State;

����
(3)
�
That pays state
income taxes pursuant to chapter 235; and

����
(4)
�
Is generally
recognized as an operating business within the community.

"Qualified business" includes
s
tate and county departments and
agencies.

����
�201H-B
�
Accessory dwelling unit financing and deed
restriction program; established.
�
(a)
�
There is established within the corporation
an accessory dwelling unit financing and deed restriction program.
�
Under the accessory dwelling unit financing and
deed restriction program, the corporation may allocate funds from the dwelling
unit revolving fund established under section 201H-191 to a county to:

����
(1)
�
Provide grants to eligible homeowners or
homebuyers to finance construction costs, development costs, and non‑reoccurring
closing costs associated with the construction of an accessory dwelling unit;
and

����
(2)
�
Purchase a deed restriction from eligible
homebuyers or homeowners to be placed on the primary dwelling unit and
accessory dwelling unit funded pursuant to this subpart.

����
(b)
�

Upon application by a county, in a form prescribed by the corporation,
the corporation shall allocate a dollar amount necessary for a county to carry
out subsection (a)
;
provided that a
county shall apply for no less than
$ at a time.

����
(c)
�

A county may deposit funds received from the corporation pursuant to
subsection (b) into an escrow account until the purchase of a deed restriction
is finalized.

����
(
d
)
�
No eligible homeowner or
homebuyer shall be granted funds under this subpart if a deed restriction that
satisfies section 201H-C already runs with the land on which an accessory
dwelling unit that was funded pursuant to this subpart is located.

����
(
e
)
�
Any initial lease for tenancy
offered at a property with a deed restriction placed pursuant to this subpart
shall be for a minimum of six months.
�
An
initial lease may transfer to a month-to-month lease upon completion of the
original term.

����
(
f
)
�
The deed restriction
placed and owned by the county pursuant to this subpart shall take first
priority over other restrictions on the property, if applicable.

����
(
g
)
�
Counties shall be
responsible for validating the evidence and ensuring compliance with this
subpart; provided that counties may contract with non-government persons or
entities to ensure compliance with this subpart.
�
Counties shall report any property not in
compliance with this subpart to the corporation.

����
(
h
)
�
If a property with a deed
restriction in place pursuant to this subpart is sold to a nonresident, or at
sale it is determined that any dwelling unit on the property has been rented to
a nonresident, the corporation

may
bring action against the homeowner in the appropriate circuit court and shall
be entitled to fifty per cent of appreciation at the time of sale, to be
collected by the corporation and placed in the dwelling unit revolving fund
established under section 201H-191.

����
(
i
)
�
If a county does not
expend moneys allocated pursuant to this section within one year of receipt,
the moneys shall be returned to the corporation and placed in the dwelling unit
revolving fund established under section 201H-191.

����
(
j
)
�
The corporation and each
county may establish, revise, charge, and collect fees, premiums, and impose
costs as necessary, reasonable, or convenient to effectuate the purposes of
this subpart.

����
(
k
)
�
The corporation may adopt
rules pursuant to chapter 91 for the purposes of this subpart.
�
Each county may adopt rules pursuant to
chapter 91 for purposes of this subpart; provided that the rules shall not
conflict with rules adopted by the corporation.

����
�
201H-C
�
Deed restriction; requirements.
�
(a)
�

Notwithstanding any other law to the contrary, a deed restriction shall
be recorded against the property and shall run with the land in perpetuity,
binding all future owners, successors, and assigns.

����
(b) Notwithstanding any other law to
the contrary, a deed restriction placed on a property and owned by a county
pursuant to this subpart shall require that the property be occupied by at
least one owner-occupant or tenant who:

����
(1)
�
Works an average
of thirty hours or more per week at a qualified business within the State;

����
(2)
�
Is involuntarily
unemployed:

���������
(A)
�
From a job in
which the owner-occupant or tenant worked an average of thirty hours or more
per week at a qualified business within the State at the time of initial
occupancy; and

���������
(B)
�
For a period of
less than three hundred sixty-five days;

����
(3)
�
Is retired;
provided that the retiree:

���������
(A)
�
Was sixty-five years
of age or older at the time of retirement; and

���������
(B)
�
Worked an average
of thirty hours or more per week at a qualified business within the county for
ten consecutive years immediately preceding retirement; or

����
(4)
�
Has a disability,
as defined in section 515-2; provided that the owner or tenant with a
disability worked an average of thirty hours or more per week at a qualified
business within the State for five consecutive years immediately prior to the
determination of disability.

����
�201H-D
�

Remedies.
�
A county that
reasonably believes a property with a deed restriction in place pursuant to
this subpart is not in compliance with this subpart may bring action against
the owner of the property for civil remedies based in contract or real property
law, including but not limited to claiming a lien or obtaining specific
performance.

����
�
201H-E
�
Conveyance tax; environmental impact
statement; procurement code; exemptions.
�

(a)
�
An action on property with a
deed restriction in place pursuant to this subpart shall be exempt from chapter
343.

����
(b)
�

Property sold for which a county has purchased a deed restriction
pursuant to this subpart shall be exempt from chapter 247.

����
�
201H-
F
�

Annual reporting.
�
No later
than of each year, beginning in the year following the
first year of occupancy of the property after the deed restriction has been
entered into, the owner of the property shall submit a written statement with
accompanying evidence to the county verifying the property was occupied by a
qualified owner-occupant or tenant during all of the prior calendar year;
provided that, if applicable, a copy of the lease form currently used for the
property shall be submitted with the statement."

����
SECTION
3
.
�
Section
46-15.2, Hawaii Revised Statutes, is amended to read as follows:

����
"
�46-15.2
�
Housing; additional
county powers.
�
In addition and
supplemental to the powers granted to counties by section 46-15.1, a county
shall have and may exercise any of the following powers:

����
(1)
�
To provide
assistance and aid to persons of low- and moderate-income in acquiring housing
by:

���������
(A)
�
Providing loans
secured by a mortgage;

���������
(B)
�
Acquiring the
loans from private lenders where the county has made advance commitment to
acquire the loans; and

���������
(C)
�
Making and
executing contracts with private lenders or a public agency for the origination
and servicing of the loans and paying the reasonable value of the services;

����
(2)
�
In connection with
the exercise of any powers granted under this section or section 46-15.1, to
establish one or more loan programs and to issue bonds under chapter 47 or 49
to provide moneys to carry out the purposes of this section or section 46-15.1;
provided that:

���������
(A)
�
If bonds are
issued pursuant to chapter 47 to finance one or more loan programs, the county
may establish qualifications
for
the program or programs
as it deems appropriate;

���������
(B)
�
If bonds are
issued pursuant to chapter 49 to finance one or more loan programs, the loan
program or programs shall comply with part III, subpart B of chapter 201H
, to the extent applicable
;

���������
(C)
�
If bonds are
issued pursuant to section 47-4 or chapter 49, any loan program established
pursuant to this section or any county-owned dwelling units constructed under
section 46-15.1 shall be and constitute an "undertaking" under
section 49‑1 and chapter 49 shall apply to the loan program or
county-owned dwelling units to the extent applicable;

���������
(D)
�
In connection with
the establishment of any loan program pursuant to this section, a county may
employ financial consultants, attorneys, real estate counselors, appraisers,
and other consultants as may be required in the judgment of the county and fix
and pay their compensation from funds available to the county therefor;

���������
(E)
�
Notwithstanding
any limitation otherwise established by law, with respect to the rate of
interest on any loan made under any loan program established pursuant to this
section, the loan may bear a rate or rates of interest per year as the county
shall determine; provided that no loan made from the proceeds of any bonds of
the county shall be under terms or conditions that would cause the interest on
the bonds to be deemed subject to income taxation by the United States;

���������
(F)
�
Notwithstanding
any limitation otherwise established by law, with respect to the amount of
compensation permitted to be paid for the servicing of loans made under any
loan program established pursuant to this section, a county may fix any
reasonable compensation as the county may determine;

���������
(G)
�
Notwithstanding
the requirement of any other law, a county may establish separate funds and
accounts with respect to bonds issued pursuant to chapter 47 or 49 to provide
moneys to carry out the purposes of this section or section 46-15.1 as the
county may deem appropriate;

���������
(H)
�
Notwithstanding
any provision of chapter 47 or 49 or of any other law, but subject to the
limitations of the state constitution, bonds issued to provide moneys to carry
out the purposes of this section or section 46-15.1 may be sold at public or
private sale at a price; may bear interest at a rate or rates per year; may be
payable at a time or times; may mature at a time or times; may be made
redeemable before maturity at the option of the county, the holder, or both, at
a price or prices and upon terms and conditions; and may be issued in coupon or
registered form, or both, as the county may determine;

���������
(I)
�
If deemed
necessary or advisable, the county may designate a national or state bank or
trust company within or without the State to serve as trustee for the holders
of bonds issued to provide moneys to carry out the purposes of this section or
section 46-15.1, and enter into a trust indenture, trust agreement, or
indenture of mortgage with the trustee whereby the trustee may be authorized to
receive and receipt for, hold, and administer the proceeds of the bonds and to
apply the proceeds to the purposes for which the bonds are issued, or to
receive and receipt for, hold, and administer the revenues and other receipts
derived by the county from the application of the proceeds of the bonds and to
apply the revenues and receipts to the payment of the principal of, or interest
on the bonds, or both.
�
Any trust
indenture, trust agreement, or indenture of mortgage entered into with the
trustee may contain any covenants and provisions as may be deemed necessary,
convenient, or desirable by the county to secure the bonds.
�
The county may pledge and assign to the
trustee any agreements related to the application of the proceeds of the bonds
and the rights of the county thereunder, including the rights to revenues and
receipts derived thereunder.
�
Upon
appointment of the trustee, the director of finance of the county may elect not
to serve as fiscal agent for the payment of the principal and interest, and for
the purchase, registration, transfer, exchange, and redemption, of the bonds;
or may elect to limit the functions the director of finance performs as a
fiscal agent; and may appoint a trustee to serve as the fiscal agent; and may
authorize and empower the trustee to perform the functions with respect to
payment, purchase, registration, transfer, exchange, and redemption, as the
director of finance deems necessary, advisable, or expedient, including without
limitation the holding of the bonds and coupons that have been paid and the
supervision and conduction or the destruction thereof in accordance with law;

���������
(J)
�
If a trustee is
not appointed to collect, hold, and administer the proceeds of bonds issued to
provide moneys to carry out the purposes of this section or section 46-15.1, or
the revenues and receipts derived by the county from the application of the proceeds
of the bonds, as provided in subparagraph (I), the director of finance of the
county may hold the proceeds or revenues and receipts in a separate account in
the treasury of the county, to be applied solely to the carrying out of the
ordinance, trust indenture, trust agreement, or indenture of mortgage, if any,
authorizing or securing the bonds; and

���������
(K)
�
Any law to the
contrary notwithstanding, the investment of funds held in reserves and sinking funds
related to bonds issued to provide moneys to carry out the purposes of this
section or section 46-15.1 shall comply with section 201H-77; provided that any
investment that requires approval by the county council pursuant to section
46-48 or 46-50 shall first be approved by the county council;

����
(3)
�
To acquire
policies of insurance and enter into banking arrangements as the county may
deem necessary to better secure bonds issued to provide money to carry out the
purposes of this section or section 46-15.1, including without limitation
contracting for a support facility or facilities as may be necessary with
respect to bonds issued with a right of the holders to put the bonds and
contracting for interest rate swaps; [
and
]

����
(4)
�
To enter into
negotiations for, and purchase deed restrictions on, housing properties from
eligible homeowners and homebuyers pursuant to subpart , part
III of chapter 201H; and

���
[
(4)
]

(5)
�
To do any and all other things
necessary or appropriate to carry out the purposes and exercise the powers
granted in section 46-15.1 and this section."

����
SECTION
4
.
�
Section 103D-102, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"
(b)
�
Notwithstanding subsection (a), this chapter
shall not apply to contracts by governmental bodies:

����
(1)
�
Solicited or
entered

into before July 1, 1994, unless the parties agree to its application to a
contract solicited or entered into prior to July 1, 1994;

����
(2)
�
To disburse funds, irrespective of their
source:

���������
(A)
�
For grants as defined in section 42F-101, made
by the State in accordance with standards provided by law as required by
article VII, section 4, of the state constitution; or by the counties pursuant
to their respective charters or ordinances;

���������
(B)
�
To make payments to or on behalf of public
officers and employees for salaries, fringe benefits, professional fees, or
reimbursements;

���������
(C)
�
To satisfy obligations that the State is
required to pay by law, including paying fees, permanent settlements,
subsidies, or other claims, making refunds, and returning funds held by the
State as trustee, custodian, or bailee;

���������
(D)
�
For entitlement programs, including public
assistance, unemployment, and workers' compensation programs, established by
state or federal law;

���������
(E)
�
For dues and fees of organizations of which
the State or its officers and employees are members, including the National
Association of Governors, the National Association of State and County
Governments, and the Multi-State Tax Commission;

���������
(F)
�
For deposit, investment, or safekeeping,
including expenses related to their deposit, investment, or safekeeping;

���������
(G)
�
To governmental bodies of the State;

���������
(H)
�
As loans, under loan programs administered by
a governmental body; [
and
]

���������
(I)
�
For contracts awarded in accordance with
chapter 103F;
and

���������
(J)
�
For
the purchase of deed restrictions for the

accessory dwelling unit financing and deed restriction program established
under

subpart
, part III of chapter 201H;

����
(3)
�
To procure goods, services, or construction
from a governmental body other than the university of Hawaii bookstores, from
the federal government, or from another state or its political subdivision;

����
(4)
�
To procure the following goods or services
that are available from multiple sources but for which procurement by
competitive means is either not practicable or not advantageous to the State:

���������
(A)
�
Services of expert witnesses for potential and
actual litigation of legal matters involving the State, its agencies, and its
officers and employees, including administrative quasi-judicial proceedings;

���������
(B)
�
Works of art for museum or public display;

���������
(C)
�
Research and reference materials including
books, maps, periodicals, and pamphlets, which are published in print, video,
audio, magnetic, or electronic form;

���������
(D)
�
Meats and foodstuffs for the Kalaupapa
settlement;

���������
(E)
�
Opponents for athletic contests;

���������
(F)
�
Utility services whose rates or prices are
fixed by regulatory processes or agencies;

���������
(G)
�
Performances, including entertainment,
speeches, and cultural and artistic presentations;

���������
(H)
�
Goods and services for commercial resale by
the State;

���������
(I)
�
Services of printers, rating agencies, support
facilities, fiscal and paying agents, and registrars for the issuance and sale
of the State's or counties' bonds;

���������
(J)
�
Services of attorneys employed or retained to
advise, represent, or provide any other legal service to the State or any of
its agencies, on matters arising under laws of another state or foreign
country, or in an action brought in another state, federal, or foreign
jurisdiction, when substantially all legal services are expected to be
performed outside the State;

���������
(K)
�
Financing agreements under chapter 37D;

���������
(L)
�
Educational
materials and related training for direct student instruction in career and
technical education programs as defined in section 302A-101, including
supplies, implements, tools, machinery, electronic devices, or other goods
purchased by the department of education; provided that:

�������������
(i)
�
T
he department of education
shall acquire three written quotes for purchases that exceed $100,000 made
pursuant to this subparagraph;

������������
(ii)
�
Awards over $2,500 shall comply
with section 103D-310(c); and

�����������
(iii)
�
Awards over $500,000 shall be
approved by the superintendent of education
; and

���������
(M)
�
Any other goods or services that the policy
board determines by rules or the chief procurement officer determines in
writing is available from multiple sources but for which procurement by
competitive means is either not practicable or not advantageous to the State;
and

����
(5)
�
That are specific procurements expressly
exempt from any or all of the requirements of this chapter by:

���������
(A)
�
References in state or federal law to
provisions of this chapter or a section of this chapter, or references to a
particular requirement of this chapter; and

���������
(B)
�
Trade agreements, including the Uruguay Round
General Agreement on Tariffs and Trade (GATT), that require certain
non-construction and non-software development procurements by the comptroller
to be conducted in accordance with its terms.
"

����
SECTION
5
.
�
Section
201H-191, Hawaii Revised Statutes, is amended by amending subsection (a) to
read as follows:

����
"
(a)
�
There is created a dwelling unit revolving
fund.
�
The funds appropriated for the
purpose of the dwelling unit revolving fund and all moneys received or
collected by the corporation for the purpose of the revolving fund shall be
deposited in the revolving fund.
�
The
proceeds in the revolving fund shall be used [
to reimburse
]
for:

����
(1)
�
Reimbursements
to
the general fund to pay the interest on general obligation bonds issued
for the purposes of the revolving fund[
, for the necessary
]
;

����
(2)
�
Necessary

expenses in administering housing development programs and regional state
infrastructure programs[
, and for carrying
]
;

����
(3)
�
Carrying

out the purposes of housing development programs and regional state
infrastructure programs, including but not limited to the expansion of
community facilities and regional state infrastructure constructed in conjunction
with housing and mixed-use transit-oriented development projects, permanent
primary or secondary financing, and supplementing building costs, federal
guarantees required for operational losses, and all things required by any
federal agency in the construction and receipt of federal funds or low
‑
income
housing tax credits for housing projects[
.
]
; and

����
(4)
�
The
administration
of and purchase of deed restrictions as part of the
accessory dwelling unit financing
and deed restriction program under subpart
; provided
that there shall be no area median income requirements for moneys expended for
the purposes of this program.
"

����
SECTION
6
.
�
Section 247-3,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�247-3
�
Exemptions.
�
The tax imposed by section 247-1 shall not
apply to:

����
(1)
�
Any document or
instrument that is executed prior to January 1, 1967;

����
(2)
�
Any document or
instrument that is given to secure a debt or obligation;

����
(3)
�
Any document or
instrument that only confirms or corrects a deed, lease, sublease, assignment,
transfer, or conveyance previously recorded or filed;

����
(4)
�
Any document or
instrument between husband and wife, reciprocal beneficiaries, or parent and
child, in which only a nominal consideration is paid;

����
(5)
�
Any document or
instrument in which there is a consideration of $100 or less paid or to be
paid;

����
(6)
�
Any document or
instrument conveying real property that is executed pursuant to an agreement of
sale, and where applicable, any assignment of the agreement of sale, or
assignments thereof; provided that the taxes under this chapter have been fully
paid upon the agreement of sale, and where applicable, upon such assignment or
assignments of agreements of sale;

����
(7)
�
Any deed, lease,
sublease, assignment of lease, agreement of sale, assignment of agreement of
sale, instrument or writing in which the United States or any agency or
instrumentality thereof or the State or any agency, instrumentality, or
governmental or political subdivision thereof are the only parties thereto;

����
(8)
�
Any document or
instrument executed pursuant to a tax sale conducted by the United States or
any agency or instrumentality thereof or the State or any agency,
instrumentality, or governmental or political subdivision thereof for
delinquent taxes or assessments;

����
(9)
�
Any document or
instrument conveying real property to the United States or any agency or
instrumentality thereof or the State or any agency, instrumentality, or
governmental or political subdivision thereof pursuant to the threat of the
exercise or the exercise of the power of eminent domain;

���
(10)
�
Any document or
instrument that solely conveys or grants an easement or easements;

���
(11)
�
Any document or
instrument whereby owners partition their property, whether by mutual agreement
or judicial action; provided that the value of each owner's interest in the
property after partition is equal in value to that owner's interest before
partition;

���
(12)
�
Any document or
instrument between marital partners or reciprocal beneficiaries who are parties
to a divorce action or termination of reciprocal beneficiary relationship that
is executed pursuant to an order of the court in the divorce action or termination
of reciprocal beneficiary relationship;

���
(13)
�
Any document or
instrument conveying real property from a testamentary trust to a beneficiary
under the trust;

���
(14)
�
Any document or
instrument conveying real property from a grantor to the grantor's revocable
living trust, or from a grantor's revocable living trust to the grantor as
beneficiary of the trust;

���
(15)
�
Any document or
instrument conveying real property, or any interest therein, from an entity
that is a party to a merger or consolidation under chapter 414, 414D, 415A,
421, 421C, 425, 425E, or 428 to the surviving or new entity;

���
(16)
�
Any document or
instrument conveying real property, or any interest therein, from a dissolving
limited partnership to its corporate general partner that owns, directly or
indirectly, at least a ninety per cent interest in the partnership, determined
by applying section 318 (with respect to constructive ownership of stock) of
the federal Internal Revenue Code of 1986, as amended, to the constructive
ownership of interests in the partnership; [
and

�
[
]
(17)[
]
]
���
Any
document or instrument that conforms to the transfer on death deed as
authorized under chapter 527[
.
]
; and

���
(18)
�
Any document or
instrument conveying real property with a county owned deed restriction
pursuant to subpart , part III of chapter 201H.
"

����
SECTION
7
.
�
Section 525-4,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�525-4
�
Exclusions from statutory
rule against perpetuities.
�
Section
525-1 shall not apply to:

����
(1)
�
A fiduciary's
power to sell, lease, or mortgage property, and the power of a fiduciary to
determine principal and income;

����
(2)
�
A discretionary
power of a trustee to distribute principal before termination of a trust;

����
(3)
�
A nonvested
property interest held by a charity, government, or governmental agency or
subdivision, if the nonvested property interest is preceded by an interest held
by another charity, government, or governmental agency or subdivision;

����
(4)
�
A property
interest in or a power of appointment with respect to a pension,
profit-sharing, stock bonus, health, disability, death benefit, income
deferral, or other current or deferred benefit plan for one or more employees,
independent contractors, or their beneficiaries or spouses;

����
(5)
�
A property
interest, power of appointment, or arrangement that was not subject to the
common-law rule against perpetuities or is excluded by any other applicable law;
[
or
]

����
(6)
�
A trust described
in chapter 554G[
.
]
; or

����
(7)
�
A property
interest in property with a county owned deed restriction in place pursuant to
subpart , part III of chapter 201H.
"

����
SECTION 8.
�
In codifying the new sections added by
section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

����
SECTION 9.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 10.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

HHFDC; Counties;
Accessory Dwelling Units; Grants; Voluntary Deed Restrictions; Dwelling Unit
Revolving Fund

Description:

Establishes
the Accessory Dwelling Unit Financing and Deed Restriction Program to allocate
funds to the counties to provide grants to eligible homeowners or homebuyers to
finance construction costs, development costs, and non-reoccurring closing
costs associated with the construction of an accessory dwelling unit and
purchase deed restrictions on such property.

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