Hawaii 2025 2025 Regular Session

Hawaii Senate Bill SB1170 Amended / Bill

Filed 02/28/2025

                    THE SENATE   S.B. NO.   1170     THIRTY-THIRD LEGISLATURE, 2025   S.D. 2     STATE OF HAWAII                                A BILL FOR AN ACT     RELATING TO THE EXPEDITIOUS REDEVELOPMENT AND DEVELOPMENT OF AFFORDABLE RENTAL HOUSING.     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:   

THE SENATE S.B. NO. 1170
THIRTY-THIRD LEGISLATURE, 2025 S.D. 2
STATE OF HAWAII

THE SENATE

S.B. NO.

1170

THIRTY-THIRD LEGISLATURE, 2025

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE EXPEDITIOUS REDEVELOPMENT AND DEVELOPMENT OF AFFORDABLE RENTAL HOUSING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

      SECTION 1.  (a)  Subject to terms and conditions under section 205A-26, Hawaii Revised Statutes, the director of a county planning department may issue a special management area use permit to an applicant to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as a result of a disaster from wildfire, hurricane, flooding, tsunami, or earthquake proclaimed by the governor to constitute a state of emergency under chapter 127A, Hawaii Revised Statutes.      (b)  After any special management area use permits are issued under this section, the department of planning of the respective county shall file a notice of the issuance in the next available issue of the periodic bulletin of the office of planning and sustainable development.      (c)  Except as otherwise provided in this Act or under federal law, special management area use permits shall be exempt from all statutes, charter provisions, ordinances, and rules relating to districts as designated in the national register or Hawaii register pursuant to chapter 343, Hawaii Revised Statutes.      (d)  Notwithstanding any other law to the contrary, land use entitlements described in Maui county Ordinance No. 2120 (1992), including waivers of state and county statutes, ordinances, and their administrative rules and regulations relating to planning, zoning, and construction standards, shall remain applicable to future housing developments.      SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.      SECTION 3.  This Act shall take effect upon its approval. 

     SECTION 1.  (a)  Subject to terms and conditions under section 205A-26, Hawaii Revised Statutes, the director of a county planning department may issue a special management area use permit to an applicant to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as a result of a disaster from wildfire, hurricane, flooding, tsunami, or earthquake proclaimed by the governor to constitute a state of emergency under chapter 127A, Hawaii Revised Statutes.

     (b)  After any special management area use permits are issued under this section, the department of planning of the respective county shall file a notice of the issuance in the next available issue of the periodic bulletin of the office of planning and sustainable development.

     (c)  Except as otherwise provided in this Act or under federal law, special management area use permits shall be exempt from all statutes, charter provisions, ordinances, and rules relating to districts as designated in the national register or Hawaii register pursuant to chapter 343, Hawaii Revised Statutes.

     (d)  Notwithstanding any other law to the contrary, land use entitlements described in Maui county Ordinance No. 2120 (1992), including waivers of state and county statutes, ordinances, and their administrative rules and regulations relating to planning, zoning, and construction standards, shall remain applicable to future housing developments.

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  This Act shall take effect upon its approval.

      Report Title: Counties; County Planning Departments; Affordable Rental Housing; Special Management Area Permits; National Register; Hawaii Register; Administrative Review; Exemption   Description: Authorizes the director of a county planning department to issue a special management area use permit to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as result of a disaster declared as a state of emergency.  Clarifies eligibility for affordable housing projects to receive an exemption.  Requires administrative review of projects under the National Register or Hawaii Register for compliance.  (SD2)       The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.     

 

 

Report Title:

Counties; County Planning Departments; Affordable Rental Housing; Special Management Area Permits; National Register; Hawaii Register; Administrative Review; Exemption

 

Description:

Authorizes the director of a county planning department to issue a special management area use permit to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as result of a disaster declared as a state of emergency.  Clarifies eligibility for affordable housing projects to receive an exemption.  Requires administrative review of projects under the National Register or Hawaii Register for compliance.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.