If enacted, SB336 will significantly alter how counties manage and approve housing projects in Hawaii. By enforcing stricter standards on the grounds upon which counties can reject proposals, the bill strives to facilitate increased housing availability in response to ongoing shortages. Furthermore, the act mandates that counties bear the burden of proof if they deny or condition a project, thus promoting accountability and encouraging them to adopt more favorable conditions for housing development.
Summary
Senate Bill 336, known as the Housing Accountability Act, aims to enhance housing development by restricting counties from disapproving housing projects or emergency shelters without substantial justification. Specifically, counties must provide written findings supported by evidence if they intend to deny approval or impose conditions that could make a housing project financially infeasible. The bill emphasizes that inconsistency with zoning ordinances alone is insufficient to deny a project, helping to ensure that housing developments can proceed if they meet basic standards.
Contention
The passage of SB336 could raise contention among local governments who may feel that their authority to regulate housing developments is being undermined. The need for counties to demonstrate a specific adverse impact on public health or safety before denying a project could lead to legal challenges, particularly if a county fails to provide adequate justifications. Critics might argue that this limits local control and the ability of communities to shape their development in response to unique local needs, potentially complicating the relationship between state and local regulations.