Hawaii 2022 Regular Session

Hawaii House Bill HB2459 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2459 THIRTY-FIRST LEGISLATURE, 2022 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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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2459
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	2459
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO HOUSING.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	PART I SECTION 1. The legislature finds that, pursuant to section 201H-38(a), Hawaii Revised Statutes, the development of certain housing projects may be exempt from certain laws relating to planning, zoning, construction; provided that certain other requirements are met, including the approval of the legislative body of the county in which a project is located. The legislature notes that section 201H-38(a)(3) provides a county legislative body only forty-five days to approve or disapprove a housing project, and that if on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body. The legislature recognizes that this deadline does not give county legislative bodies sufficient time to adequately review proposed housing projects. The legislature also recognizes that in September of 2021, the council of the city and county of Honolulu adopted Resolution No. 21-180, C. D. 1, which requests the state legislature to extend the deadline from forty-five days to ninety days. The legislature also finds that current administrative rules regarding environmental assessments allow certain actions involving minor expansions, minor changes, minor alterations, routine activities, routine maintenance, routine repair, or minor structures, to be exempt from environmental assessments. Unfortunately, these rules have allowed the Hawaii housing finance and development corporation and the department of planning and permitting of the city and county of Honolulu to develop a lax attitude, leading those agencies to exclude virtually all state-funded and county-funded housing projects. This, in turn, has led to housing project developers to use tactics to prevent community members from learning about housing projects that could adversely impact communities and excluding the projects from adequate community review and evaluation, even while developers and housing advocates push for expedited approval of the projects. The purpose of this Act is to: (1) Increase from forty-five days to ninety days the deadline by which county legislative bodies shall approve housing projects developed pursuant to section 201H-38, Hawaii Revised Statutes; and (2) Establish that any housing project developed pursuant to section 201H-38, Hawaii Revised Statutes, or with state or county funds shall not be exempt from an environmental assessment. PART II SECTION 2. Section 201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) 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, ordinances, charter provisions, 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: (1) The corporation finds the housing project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety; (2) 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; (3) The legislative body of the county in which the housing project is to be situated shall have approved the project with or without modifications: (A) The legislative body shall approve, approve with modification, or disapprove the project by resolution within [forty-five] ninety days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [forty-sixth] ninety-first day a project is not disapproved, it shall be deemed approved by the legislative body; (B) 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 (C) 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. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. 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 (4) The land use commission shall approve, approve with modification, or disapprove a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 205‑4. If, on the forty-sixth day, the petition is not disapproved, it shall be deemed approved by the commission." PART III SECTION 3. Section 343-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) After consultation with the affected agencies and the environmental advisory council, the office of planning and sustainable development shall adopt, amend, or repeal necessary rules for the purposes of this chapter in accordance with chapter 91 including but not limited to rules that shall: (1) Prescribe the procedures whereby a group of proposed actions may be treated by a single environmental assessment or statement; (2) Establish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an environmental assessment; provided that any housing project developed pursuant to section 201H-38 or with state or county funds shall not be exempt from an environmental assessment; (3) Prescribe procedures for the preparation of an environmental assessment; (4) Prescribe the contents of an environmental assessment; (5) Prescribe procedures for informing the public of determinations that a statement is either required or not required, for informing the public of the availability of draft environmental impact statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final environmental statement; (6) Prescribe the contents of an environmental impact statement; (7) Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of an environmental impact statement; and (8) Establish criteria to determine whether an environmental impact statement is acceptable or not." PART IV SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________
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49	49	PART I
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51	51	SECTION 1. The legislature finds that, pursuant to section 201H-38(a), Hawaii Revised Statutes, the development of certain housing projects may be exempt from certain laws relating to planning, zoning, construction; provided that certain other requirements are met, including the approval of the legislative body of the county in which a project is located. The legislature notes that section 201H-38(a)(3) provides a county legislative body only forty-five days to approve or disapprove a housing project, and that if on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body. The legislature recognizes that this deadline does not give county legislative bodies sufficient time to adequately review proposed housing projects. The legislature also recognizes that in September of 2021, the council of the city and county of Honolulu adopted Resolution No. 21-180, C. D. 1, which requests the state legislature to extend the deadline from forty-five days to ninety days.
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53	53	The legislature also finds that current administrative rules regarding environmental assessments allow certain actions involving minor expansions, minor changes, minor alterations, routine activities, routine maintenance, routine repair, or minor structures, to be exempt from environmental assessments. Unfortunately, these rules have allowed the Hawaii housing finance and development corporation and the department of planning and permitting of the city and county of Honolulu to develop a lax attitude, leading those agencies to exclude virtually all state-funded and county-funded housing projects. This, in turn, has led to housing project developers to use tactics to prevent community members from learning about housing projects that could adversely impact communities and excluding the projects from adequate community review and evaluation, even while developers and housing advocates push for expedited approval of the projects.
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55	55	The purpose of this Act is to:
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57	57	(1) Increase from forty-five days to ninety days the deadline by which county legislative bodies shall approve housing projects developed pursuant to section 201H-38, Hawaii Revised Statutes; and
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59	59	(2) Establish that any housing project developed pursuant to section 201H-38, Hawaii Revised Statutes, or with state or county funds shall not be exempt from an environmental assessment.
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61	61	PART II
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63	63	SECTION 2. Section 201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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65	65	"(a) 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, ordinances, charter provisions, 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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67	67	(1) 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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69	69	(2) 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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71	71	(3) The legislative body of the county in which the housing project is to be situated shall have approved the project with or without modifications:
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73	73	(A) The legislative body shall approve, approve with modification, or disapprove the project by resolution within [forty-five] ninety days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [forty-sixth] ninety-first day a project is not disapproved, it shall be deemed approved by the legislative body;
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75	75	(B) 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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77	77	(C) 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. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. 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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79	79	(4) The land use commission shall approve, approve with modification, or disapprove a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 205‑4. If, on the forty-sixth day, the petition is not disapproved, it shall be deemed approved by the commission."
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81	81	PART III
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83	83	SECTION 3. Section 343-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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85	85	"(a) After consultation with the affected agencies and the environmental advisory council, the office of planning and sustainable development shall adopt, amend, or repeal necessary rules for the purposes of this chapter in accordance with chapter 91 including but not limited to rules that shall:
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87	87	(1) Prescribe the procedures whereby a group of proposed actions may be treated by a single environmental assessment or statement;
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89	89	(2) Establish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an environmental assessment; provided that any housing project developed pursuant to section 201H-38 or with state or county funds shall not be exempt from an environmental assessment;
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91	91	(3) Prescribe procedures for the preparation of an environmental assessment;
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93	93	(4) Prescribe the contents of an environmental assessment;
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95	95	(5) Prescribe procedures for informing the public of determinations that a statement is either required or not required, for informing the public of the availability of draft environmental impact statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final environmental statement;
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97	97	(6) Prescribe the contents of an environmental impact statement;
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99	99	(7) Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of an environmental impact statement; and
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101	101	(8) Establish criteria to determine whether an environmental impact statement is acceptable or not."
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103	103	PART IV
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105	105	SECTION 4. 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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107	107	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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109	109	SECTION 6. This Act shall take effect on July 1, 2022.
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113	113	INTRODUCED BY: _____________________________
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115	115	INTRODUCED BY:
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117	117	_____________________________
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123	123	Report Title: Housing Projects; HHFDC; Counties; Environmental Assessment Description: Increases from 45 days to 90 days the deadline by which county legislative bodies shall approve certain housing projects supported by the Hawaii Housing Finance and Development Corporation. Establishes that certain housing projects shall not be exempt from an environmental assessment. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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129	129	Report Title:
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131	131	Housing Projects; HHFDC; Counties; Environmental Assessment
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135	135	Description:
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137	137	Increases from 45 days to 90 days the deadline by which county legislative bodies shall approve certain housing projects supported by the Hawaii Housing Finance and Development Corporation. Establishes that certain housing projects shall not be exempt from an environmental assessment.
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145	145	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.