HOUSE OF REPRESENTATIVES

H.B. NO.

227

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AFFORDABLE HOUSING CREDITS.

 

 

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

 


     SECTION 1.  The purpose of Act 141, Session Laws of Hawaii 2009, was to require counties to issue affordable housing credits to the department of Hawaiian home lands for all existing and future Hawaiian home lands projects upon request.  Act 98, Session Laws of Hawaii 2012, further defined what the credits should be issued for and explicitly released the department of Hawaiian home lands from any income or other requirements attached to a respective county's affordable housing credits.

     The legislature finds that the relationship between the department of Hawaiian home lands and the respective counties established by Act 98 violates the principles of home-rule and does not encourage the kind of working relationship between the counties and the department of Hawaiian home lands necessary to effectively address the affordable housing problem in each county.  The legislature also finds that Act 98 could create a racially discriminatory effect by disproportionately allocating more affordable housing resources to one racial group over another.

     To address each county's affordable housing needs based on fairness and equality, this Act allows each county to address its affordable housing needs, allows the department of Hawaiian home lands to receive county affordable housing credits for mutually beneficial projects on Hawaiian home lands, and fosters a good working relationship between the department of Hawaiian home lands and the respective counties.

     SECTION 2.  Section 46-15.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  [Each county shall issue] By mutual consent, each respective county and the department of Hawaiian home lands shall agree to the issuance of affordable housing credits to the department of Hawaiian home lands with respect to [existing and] future Hawaiian home lands projects upon a request for such credits by the department of Hawaiian home lands.  The credits shall be transferable and shall be issued on a one-unit for one-unit basis.  Credits shall be issued for each single-family residence, multi-family unit, or other residential unit[, or if allowed under the county's affordable housing programs, vacant lot,] developed by the department of Hawaiian home lands.  The credits may be applied county-wide within the same county in which the credits were earned to satisfy affordable housing obligations imposed by the county on market priced residential and non-residential developments.  [County-wide or project-specific requirements for the location of affordable housing units; housing class, use, or type; construction time; or other county requirements for affordable housing units shall not impair, restrict, or condition the county's obligation to apply the credits in full satisfaction of all county requirements whether by rule, ordinance, or particular zoning conditions of a project.]

     For purposes of this section, "affordable housing obligation" means the requirement imposed by a county to develop [vacant lots,] single-family residences, multi-family residences, or any other type of residence for sale or rent to individuals within a specified income range."

     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, 2013, and shall be repealed on June 30, 2015; provided that section 46-15.1(b), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of Act 141, Session Laws of Hawaii 2009.


 


 

Report Title:

Affordable Housing; DHHL; Counties; Kauai County Package

 

Description:

Repeals the requirement that the counties issue affordable housing credits to DHHL for the development of vacant lots.  Authorizes issuance of credits upon mutual agreement of county and DHHL.  Repeals provision that county requirements for affordable housing may not impair the county's obligation to apply the credits in full satisfaction of all county requirements.  (HD1)

 

 

 

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