RELATING TO HOUSING.

SB2067

THE SENATE

S.B. NO.

2067

THIRTY-THIRD LEGISLATURE, 2026

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:

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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, meets minimum requirements of health and safety, and provides
the county an opportunity to comment;

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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 further that the legislative body
shall not impose stricter conditions, impose stricter median income
requirements, or reduce fee waivers that will increase the cost of the project
beyond those approved by the corporation.
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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;

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provided that the approval of
the legislative body of the county in which the project is to be situated shall
not be required for a project that has received a financing commitment from the
State or is located on state land;
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 that 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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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect on July 1, 2050.

INTRODUCED BY:

_____________________________

Report Title:

Housing
Development; County Council Approval Exemption; State Financing Commitments;
State Land

Description:

Exempts
housing developments that have obtained financing commitments from the State or
is located on state land from the requirement to obtain approval from the
applicable county council.
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Effective
7/1/2050.

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