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SB2177
THE SENATE
S.B. NO.
2177
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 to read as follows:
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"
�201H-38
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Housing development; exemption from statutes,
ordinances, charter provisions, and rules.
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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;
provided further that the corporation may modify a
housing project or impose conditions on the housing project only to the extent
necessary to address minimum health and safety standards;
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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
]
shall review the contents of the submitted
applications and shall submit the applications to the appropriate legislative
body to
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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(b)
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The corporation or a county shall have thirty
days to accept an application submitted pursuant to this section.
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The corporation or county shall have one
hundred twenty days to process the application before final approval by a
county legislative body pursuant to subsection (a)(1)(C).
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(c)
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If, after one hundred twenty days, the
county has neither rejected nor approved the application, the application shall
be considered automatically approved, unless the county can demonstrate why an
approval of the project would not be appropriate or would adversely affect
public safety.
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[
(b)
]
(d)
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For the purposes of this
section, "government assistance program" means a housing program
qualified by the corporation and administered or operated by the corporation or
the United States or any of their political subdivisions, agencies, or instrumentalities,
corporate or otherwise."
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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:
HHFDC;
Housing Development; Counties; Affordable Housing; Application; Approval
Description:
Clarifies
that projects seeking exemptions from planning and development laws and rules
may be modified by the Hawaii Housing Finance and Development Corporation under
certain conditions. Authorizes HHFDC to make recommendations to appropriate legislative
bodies.
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Requires HHFDC or a county to
accept an application seeking certain exemptions within thirty days, and to
process the application within one hundred twenty days before final approval by
a county legislative body for certain housing projects.
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Provides that any application that is neither
approved nor denied by the county within one hundred twenty days shall be
approved unless the county can demonstrate why an approval of the project would
not be appropriate or would adversely affect public safety.
The summary description
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not legislation or evidence of legislative intent.