Hawaii 2024 Regular Session

Hawaii Senate Bill SB2062 Compare Versions

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

Old	New	Differences
1	1	THE SENATE S.B. NO. 2062 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to County Housing powers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 2062
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	2062
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2024
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to County Housing powers.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Section 46-15.1, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Notwithstanding any law to the contrary, any county shall have and may exercise the same powers, subject to applicable limitations, as those granted the Hawaii housing finance and development corporation pursuant to chapter 201H insofar as those powers may be reasonably construed to be exercisable by a county for the purpose of planning, developing, constructing, financing, and providing housing projects, including low- and moderate-income housing[;] and mixed-use developments; provided that no county shall be empowered to cause the State to issue general obligation bonds to finance a project pursuant to this section; provided further that county projects shall be granted an exemption from general excise or receipts taxes in the same manner as projects of the Hawaii housing finance and development corporation pursuant to section 201H-36; and provided further that section 201H-16 shall not apply to this section unless federal guidelines specifically provide local governments with that authorization and the authorization does not conflict with any state laws. The powers shall include the power, subject to applicable limitations, to: (1) Develop and construct dwelling units, alone or in partnership with developers; (2) Acquire necessary land by lease, purchase, exchange, or eminent domain; (3) Provide assistance and aid to a public agency or other person in developing and constructing new housing and rehabilitating existing housing for elders of low- and moderate-income, other persons of low- and moderate-income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available; (4) Contract with [any] eligible bidders to provide for construction of urgently needed housing for persons of low- and moderate-income; (5) Guarantee the top twenty-five per cent of the principal balance of real property mortgage loans, plus interest thereon, made to qualified borrowers by qualified lenders; (6) Enter into mortgage guarantee agreements with appropriate officials of any agency or instrumentality of the United States to induce those officials to commit to insure or to insure mortgages under the National Housing Act, as amended; (7) Make a direct loan to any qualified buyer for the downpayment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property; (8) Provide funds for a share, not to exceed fifty per cent, of the principal amount of a loan made to a qualified borrower by a private lender who is unable otherwise to lend the borrower sufficient funds at reasonable rates in the purchase of residential property; and (9) Sell or lease completed dwelling units. For purposes of this section, a limitation is applicable to the extent that it may reasonably be construed to apply to a county." 2. By amending subsections (f) and (g) to read: "(f) The provisions of this section shall be construed liberally so as to effectuate the purpose of this section in facilitating the planning, development, construction, financing, and provision of housing projects, including low- and moderate-income housing and mixed-use developments, by the various counties. (g) For purposes of this section[,]: "[low] Low and moderate income housing" means any housing project that meets the definition of "low- and moderate-income housing project" in section 39A-281. "Mixed-use development" has the same meaning as in subsection 201H-12(a)." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval; provided that the amendments made to section 46-15.1, Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when that section is reenacted on July 1, 2030, pursuant to sections 2 and 3 of Act 90, Session Laws of Hawaii 2023. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Section 46-15.1, Hawaii Revised Statutes, is amended as follows:
50	50
51	51	1. By amending subsection (a) to read:
52	52
53	53	"(a) Notwithstanding any law to the contrary, any county shall have and may exercise the same powers, subject to applicable limitations, as those granted the Hawaii housing finance and development corporation pursuant to chapter 201H insofar as those powers may be reasonably construed to be exercisable by a county for the purpose of planning, developing, constructing, financing, and providing housing projects, including low- and moderate-income housing[;] and mixed-use developments; provided that no county shall be empowered to cause the State to issue general obligation bonds to finance a project pursuant to this section; provided further that county projects shall be granted an exemption from general excise or receipts taxes in the same manner as projects of the Hawaii housing finance and development corporation pursuant to section 201H-36; and provided further that section 201H-16 shall not apply to this section unless federal guidelines specifically provide local governments with that authorization and the authorization does not conflict with any state laws. The powers shall include the power, subject to applicable limitations, to:
54	54
55	55	(1) Develop and construct dwelling units, alone or in partnership with developers;
56	56
57	57	(2) Acquire necessary land by lease, purchase, exchange, or eminent domain;
58	58
59	59	(3) Provide assistance and aid to a public agency or other person in developing and constructing new housing and rehabilitating existing housing for elders of low- and moderate-income, other persons of low- and moderate-income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available;
60	60
61	61	(4) Contract with [any] eligible bidders to provide for construction of urgently needed housing for persons of low- and moderate-income;
62	62
63	63	(5) Guarantee the top twenty-five per cent of the principal balance of real property mortgage loans, plus interest thereon, made to qualified borrowers by qualified lenders;
64	64
65	65	(6) Enter into mortgage guarantee agreements with appropriate officials of any agency or instrumentality of the United States to induce those officials to commit to insure or to insure mortgages under the National Housing Act, as amended;
66	66
67	67	(7) Make a direct loan to any qualified buyer for the downpayment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property;
68	68
69	69	(8) Provide funds for a share, not to exceed fifty per cent, of the principal amount of a loan made to a qualified borrower by a private lender who is unable otherwise to lend the borrower sufficient funds at reasonable rates in the purchase of residential property; and
70	70
71	71	(9) Sell or lease completed dwelling units.
72	72
73	73	For purposes of this section, a limitation is applicable to the extent that it may reasonably be construed to apply to a county."
74	74
75	75	2. By amending subsections (f) and (g) to read:
76	76
77	77	"(f) The provisions of this section shall be construed liberally so as to effectuate the purpose of this section in facilitating the planning, development, construction, financing, and provision of housing projects, including low- and moderate-income housing and mixed-use developments, by the various counties.
78	78
79	79	(g) For purposes of this section[,]:
80	80
81	81	"[low] Low and moderate income housing" means any housing project that meets the definition of "low- and moderate-income housing project" in section 39A-281.
82	82
83	83	"Mixed-use development" has the same meaning as in subsection 201H-12(a)."
84	84
85	85	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
86	86
87	87	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
88	88
89	89	SECTION 4. This Act shall take effect upon its approval; provided that the amendments made to section 46-15.1, Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when that section is reenacted on July 1, 2030, pursuant to sections 2 and 3 of Act 90, Session Laws of Hawaii 2023.
90	90
91	91
92	92
93	93	INTRODUCED BY: _____________________________
94	94
95	95	INTRODUCED BY:
96	96
97	97	_____________________________
98	98
99	99
100	100
101	101
102	102
103	103	Report Title: Counties; County Housing Powers; Housing and Mixed-Use Development Projects Description: Expands the housing powers of the counties to include the planning, development, construction, financing, and providing of housing projects, including low- and moderate-income housing and mixed-use developments. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
104	104
105	105
106	106
107	107
108	108
109	109
110	110
111	111	Report Title:
112	112
113	113	Counties; County Housing Powers; Housing and Mixed-Use Development Projects
114	114
115	115
116	116
117	117	Description:
118	118
119	119	Expands the housing powers of the counties to include the planning, development, construction, financing, and providing of housing projects, including low- and moderate-income housing and mixed-use developments.
120	120
121	121
122	122
123	123
124	124
125	125
126	126
127	127	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.