The bill introduces provisions that shift the burden of proof onto counties, compelling them to justify any disapproval of housing projects or imposition of conditions that would render such projects financially unviable. This shift aims to streamline the process of housing project approvals in response to Hawaii's ongoing housing crisis by ensuring that local governments conduct their assessments based on predefined criteria rather than arbitrary or subjective standards.
Summary
Senate Bill 42, also referred to as the Housing Accountability Act, seeks to establish strict conditions under which counties may disapprove housing development projects and emergency shelters. Central to this legislation is the intent to prevent local governments from using design standards or conditions that would hinder the feasibility of housing projects. Specifically, counties cannot impose such restrictions unless they demonstrate through substantial evidence that they have met affordable housing obligations or that the proposed project would significantly compromise public health or safety without reasonable mitigation options.
Contention
Key points of contention surround the power dynamics between state and local government authority regarding housing developments. Proponents of SB42 argue it empowers more affordable housing by reducing local government overreach. Conversely, opponents express concerns that this bill may undermine local control and lead to inadequate responses to unique community needs, ultimately affecting public safety and environmental considerations. The potential for litigation under the new provisions, particularly if a county fails to comply with the outlined requirements, is also a point of debate among lawmakers.
Enforcement
In terms of enforcement, the bill stipulates that if a county fails to adhere to the provisions laid out in the act, the court can impose hefty fines, which are set at a minimum of $10,000 per housing unit involved in the project that was unlawfully disapproved. This measure aims to hold local governments accountable and ensure compliance with the intent of the legislation, which is to facilitate an increase in housing availability across the state.