| 47 | | - | SECTION 1. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows: "(i) The terms of section 201H-36(a)(5) prevailing wages shall be deemed the prevailing wages serving as the basis of compliance with this chapter for work on the project when: (1) The Hawaii housing finance and development corporation has approved and certified a qualified person or firm involved with a newly constructed, or moderately or substantially rehabilitated project under section 201H-36(a)(5) for exemption from general excise taxes; (2) The qualified person or firm has entered into a contract with a general contractor or subcontractors whose workforce is subject to either: (A) A collective bargaining agreement with a bona fide labor union for which a section 201H‑36(a)(5) prevailing wage for the laborers and mechanics employed for the construction project has been approved by the director; or (B) A project labor agreement with the group whose wages are reflected in the Hawaii prevailing wage schedule for which section 201H-36(a)(5) prevailing wages for the laborers and mechanics employed for the construction project have been approved by the director; and (3) The qualified person or firm has received no other direct or indirect financing for the construction project from [any other governmental contracting agency, including] the Hawaii housing finance and development corporation. A project for which section 201H-36(a)(5) prevailing wages have been deemed the prevailing wages may receive a waiver of real property taxes, permitting fees, water and sewer development fees, and other development fees from a county." SECTION 2. Section 201H-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) In accordance with section 237-29, the corporation may approve and certify for exemption from general excise taxes any qualified person or firm involved with a newly constructed, or a moderately or substantially rehabilitated, project that is: (1) Developed under this part; (2) Developed under a government assistance program approved by the corporation, including but not limited to the United States Department of Agriculture's section 502 direct loan program and Federal Housing Administration's section 235 program; (3) Developed under the sponsorship of a private nonprofit organization providing home rehabilitation or new homes for qualified families in need of decent, low-cost housing; (4) Developed by a qualified person or firm to provide affordable rental housing where at least fifty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below sixty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; or (5) Approved or certified from July 1, 2018, to June 30, 2030, and developed under a contract described in section 104‑2(i)(2) by a qualified person or firm to provide affordable rental housing through new construction or substantial rehabilitation; provided that: (A) The allowable general excise tax and use tax costs [shall apply to contracting only and] shall not exceed $30,000,000 per year in the aggregate for all projects approved and certified by the corporation; and (B) All available units are for households with incomes at or below one hundred forty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; provided that an owner shall not refuse to lease a unit solely because the applicant holds a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937, as amended." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows: "(i) The terms of section 201H-36(a)(5) prevailing wages shall be deemed the prevailing wages serving as the basis of compliance with this chapter for work on the project when: (1) The Hawaii housing finance and development corporation has approved and certified a qualified person or firm involved with a newly constructed, or moderately or substantially rehabilitated project under section 201H-36(a)(5) for exemption from general excise taxes; (2) The qualified person or firm has entered into a contract with a general contractor or subcontractors whose workforce is subject to either: (A) A collective bargaining agreement with a bona fide labor union for which a section 201H‑36(a)(5) prevailing wage for the laborers and mechanics employed for the construction project has been approved by the director; or (B) A project labor agreement with the group whose wages are reflected in the Hawaii prevailing wage schedule for which section 201H-36(a)(5) prevailing wages for the laborers and mechanics employed for the construction project have been approved by the director; and (3) The qualified person or firm has received no other direct or indirect financing for the construction project from [any other governmental contracting agency, including] the Hawaii housing finance and development corporation. A project for which section 201H-36(a)(5) prevailing wages have been deemed the prevailing wages may receive a waiver of real property taxes, permitting fees, water and sewer development fees, and other development fees from a county." SECTION 2. Section 201H-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) In accordance with section 237-29, the corporation may approve and certify for exemption from general excise taxes any qualified person or firm involved with a newly constructed, or a moderately or substantially rehabilitated, project that is: (1) Developed under this part; (2) Developed under a government assistance program approved by the corporation, including but not limited to the United States Department of Agriculture's section 502 direct loan program and Federal Housing Administration's section 235 program; (3) Developed under the sponsorship of a private nonprofit organization providing home rehabilitation or new homes for qualified families in need of decent, low-cost housing; (4) Developed by a qualified person or firm to provide affordable rental housing where at least fifty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below sixty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; or (5) Approved or certified from July 1, 2018, to June 30, 2030, and developed under a contract described in section 104‑2(i)(2) by a qualified person or firm to provide affordable rental housing through new construction or substantial rehabilitation; provided that: (A) The allowable general excise tax and use tax costs [shall apply to contracting only and] shall not exceed $30,000,000 per year in the aggregate for all projects approved and certified by the corporation; and (B) All available units are for households with incomes at or below one hundred forty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; provided that an owner shall not refuse to lease a unit solely because the applicant holds a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937, as amended." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "(i) The terms of section 201H-36(a)(5) prevailing wages shall be deemed the prevailing wages serving as the basis of compliance with this chapter for work on the project when: |
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| 52 | 52 | | |
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| 53 | 53 | | (1) The Hawaii housing finance and development corporation has approved and certified a qualified person or firm involved with a newly constructed, or moderately or substantially rehabilitated project under section 201H-36(a)(5) for exemption from general excise taxes; |
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| 54 | 54 | | |
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| 55 | 55 | | (2) The qualified person or firm has entered into a contract with a general contractor or subcontractors whose workforce is subject to either: |
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| 56 | 56 | | |
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| 57 | 57 | | (A) A collective bargaining agreement with a bona fide labor union for which a section 201H‑36(a)(5) prevailing wage for the laborers and mechanics employed for the construction project has been approved by the director; or |
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| 58 | 58 | | |
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| 59 | 59 | | (B) A project labor agreement with the group whose wages are reflected in the Hawaii prevailing wage schedule for which section 201H-36(a)(5) prevailing wages for the laborers and mechanics employed for the construction project have been approved by the director; and |
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| 60 | 60 | | |
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| 61 | 61 | | (3) The qualified person or firm has received no other direct or indirect financing for the construction project from [any other governmental contracting agency, including] the Hawaii housing finance and development corporation. |
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| 62 | 62 | | |
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| 63 | 63 | | A project for which section 201H-36(a)(5) prevailing wages have been deemed the prevailing wages may receive a waiver of real property taxes, permitting fees, water and sewer development fees, and other development fees from a county." |
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| 64 | 64 | | |
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| 65 | 65 | | SECTION 2. Section 201H-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 66 | 66 | | |
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| 67 | 67 | | "(a) In accordance with section 237-29, the corporation may approve and certify for exemption from general excise taxes any qualified person or firm involved with a newly constructed, or a moderately or substantially rehabilitated, project that is: |
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| 68 | 68 | | |
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| 69 | 69 | | (1) Developed under this part; |
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| 70 | 70 | | |
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| 71 | 71 | | (2) Developed under a government assistance program approved by the corporation, including but not limited to the United States Department of Agriculture's section 502 direct loan program and Federal Housing Administration's section 235 program; |
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| 72 | 72 | | |
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| 73 | 73 | | (3) Developed under the sponsorship of a private nonprofit organization providing home rehabilitation or new homes for qualified families in need of decent, low-cost housing; |
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| 74 | 74 | | |
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| 75 | 75 | | (4) Developed by a qualified person or firm to provide affordable rental housing where at least fifty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below sixty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; or |
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| 76 | 76 | | |
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| 77 | 77 | | (5) Approved or certified from July 1, 2018, to June 30, 2030, and developed under a contract described in section 104‑2(i)(2) by a qualified person or firm to provide affordable rental housing through new construction or substantial rehabilitation; provided that: |
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| 78 | 78 | | |
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| 79 | 79 | | (A) The allowable general excise tax and use tax costs [shall apply to contracting only and] shall not exceed $30,000,000 per year in the aggregate for all projects approved and certified by the corporation; and |
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| 80 | 80 | | |
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| 81 | 81 | | (B) All available units are for households with incomes at or below one hundred forty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; provided that an owner shall not refuse to lease a unit solely because the applicant holds a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937, as amended." |
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| 82 | 82 | | |
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| 83 | 83 | | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 84 | 84 | | |
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