HB 826: Land Use; Residential Housing; Agricultural Workforce Housing; Long-term Rentals; Workforce Fee Simple Ownership; County Planning Commission; Agricultural Districts; Special Permit

A BILL FOR AN ACT

RELATING TO HOUSING.

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

     SECTION 1.  Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201H-     Agricultural workforce housing, long-term rental, or workforce fee simple housing development; county planning commissions.  Land uses exclusively providing residential housing for purposes of agricultural workforce housing, long-term rental, or workforce fee simple ownership may be permitted by a county planning commission; provided that the project area is:

     (1)  No larger than one hundred acres;

     (2)  Immediately adjacent to the urban district and not including the conservation district;

     (3)  On lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U if within the agricultural district; and

     (4)  Identified on maps for only residential use in a county comprehensive general plan adopted no earlier than 2005 by the respective county council pursuant to section 46-4.

All applications to the county planning commission shall include written concurrence from the executive director attesting to the executive director's review of the project and agreement that the proposal is solely inclusive of residential housing for purposes of agricultural workforce housing, long-term rental, or workforce fee simple ownership.  Applications shall be reviewed pursuant to the process set forth in section 205-6; provided that section 91-9 shall only apply at the point of county planning commission review.  All agencies may charge a reasonable fee for their respective application reviews and charge all costs necessary for transcription."

     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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2035.

Report Title:

Land Use; Residential Housing; Agricultural Workforce Housing; Long-term Rentals; Workforce Fee Simple Ownership; County Planning Commission; Agricultural Districts; Special Permit

Description:

Authorizes a county planning commission, by special permit, to permit land uses exclusively providing residential housing for purposes of agricultural workforce housing, long-term rental, or workforce fee simple ownership in an agricultural district, under certain conditions.  Repeals 6/30/2035.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO HOUSING.

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

     SECTION 1.  Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201H-     Agricultural workforce housing, long-term rental, or workforce fee simple housing development; county planning commissions.  Land uses exclusively providing residential housing for agricultural workforce housing, long-term rental, or workforce fee simple ownership may be permitted by a county planning commission; provided that the project area is:

     (1)  No larger than one hundred acres;

     (2)  Immediately adjacent to the urban district and not including the conservation district;

     (3)  On lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U if within the agricultural district; and

     (4)  Identified on maps for only residential use in a county comprehensive general plan adopted no earlier than 2005 by the respective county council pursuant to section 46-4.

All applications to the county planning commission shall include written concurrence from the executive director attesting to the executive director's review of the project and agreement that the proposal is solely inclusive of residential housing for agricultural workforce housing, long-term rental, or workforce fee simple ownership.  Applications shall be reviewed pursuant to the process set forth in section 205-6; provided that section 91-9 shall only apply at the point of county planning commission review.  All agencies may charge a reasonable fee for their respective application reviews and charge all costs necessary for transcription."

     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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2035.

Report Title:

Land Use; Residential Housing; Agricultural Workforce Housing; Long-term Rentals; Workforce Fee Simple Ownership; County Planning Commission; Agricultural Districts; Special Permit

Description:

Authorizes a county planning commission, by special permit, to permit land uses exclusively providing residential housing for agricultural workforce housing, long-term rental, or workforce fee simple ownership in an agricultural district, under certain conditions.  Repeals 6/30/2035.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to housing.

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

     SECTION 1.  Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201H-     Long-term rental or workforce fee simple housing development; county planning commissions.  Land uses exclusively providing residential housing for long-term rental or workforce fee simple ownership may be permitted by a county planning commission under this section; provided that the project area is:

     (1)  No larger than one hundred acres;

     (2)  Immediately adjacent to the urban district and not including the conservation district;

     (3)  On lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U if within the agricultural district; and

     (4)  Identified on maps for only residential use in a county comprehensive general plan adopted by the respective county council pursuant to section 46-4 within twenty years of the application filing.

All applications to the county planning commission shall include written concurrence from the executive director attesting to the executive director's review of the project and agreement that the proposal is solely inclusive of residential housing for long-term rental or workforce fee simple ownership.  Applications shall be reviewed pursuant to the process set forth in section 205-6; provided that section 91-9 shall only apply at the point of county planning commission review.  All agencies may charge a reasonable fee for their respective application reviews and charge all costs necessary for transcription."

     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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025, and shall be repealed on June 30, 2035.

Report Title:

Housing; Land Use; County Planning Commission; Agricultural Districts; Special Permit

Description:

Authorizes a county planning commission, by special permit, to permit land uses exclusively providing residential housing for long-term rental or affordable fee simple ownership in an agricultural district, under certain conditions.  Repeals 6/30/2035.

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

STAND. COM. REP. NO.  1163

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 826

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 826, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HOUSING,"

begs leave to report as follows:

     The purpose of this measure is to authorize a county planning commission, until June 30, 2035, by special permit, to permit land uses exclusively providing residential housing for purposes of agricultural workforce housing, long-term rental, or workforce fee simple ownership in an agricultural district, under certain conditions.

     Your Committee received testimony in support of this measure from the Hawaii Housing Finance and Development Corporation; Grassroot Institute of Hawaii; and one individual.  Your Committee received testimony in opposition to this measure from LIMBY Hawaiʻi and Sierra Club of Hawaiʻi.  Your Committee received comments on this measure from the Department of Agriculture; Land Use Commission; and Office of Planning and Sustainable Development.

     Your Committee finds that the unprecedented housing crisis requires creative solutions.  The existing permitting and entitlement process is burdensome, adding years to development timelines and driving up costs, making it nearly impossible to deliver truly affordable homes.  This measure provides the counties authority and flexibility to streamline the entitlement process for workforce and long-term rental housing in designated areas.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 826, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 826, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  760

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 826

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 826 entitled:

"A BILL FOR AN ACT RELATING TO HOUSING,"

begs leave to report as follows:

     The purpose of this measure is to authorize, until June 30, 2035, a county planning commission, by special permit, to allow land uses exclusively providing residential housing for long-term rental or workforce fee simple ownership in an agricultural district, under certain conditions.

     Your Committee received testimony in support of this measure from the Hawaii Housing Finance and Development Corporation; Land Use Commission; one member of the Hawai‘i County Council; one member of the Maui County Council; one member of the Kauaʻi County Council; Grassroot Institute of Hawaii; and one individual.  Your Committee received testimony in opposition to this measure from LIMBY Hawaiʻi and two individuals.  Your Committee received comments on this measure from the Office of Planning and Sustainable Development and Sierra Club of Hawaiʻi.

     Your Committee finds that Hawaii faces a severe housing shortage, particularly in long-term rentals and workforce fee simple housing.  Existing land use and development processes present significant barriers, contributing to delays in much-needed housing projects.  This measure allows county planning commissions to approve affordable housing projects on lands already designated for residential use, which will eliminate unnecessary state-level hurdles while maintaining environmental protections and local control over land use decisions.

     Your Committee notes its intent to have the Hawaii Housing Finance and Development Corporation define "affordable", "long-term rental", and "agricultural workforce housing" through their rulemaking authority, rather than statutorily defining those terms.

     Your Committee has amended this measure by:

     (1)  Expanding the land uses that may be permitted by a county planning commission under this measure to include agricultural workforce housing;

     (2)  Clarifying that project areas needed to have been identified in a county's comprehensive general plan adopted no earlier than 2005, rather than within twenty years of the application filing;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 826, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 826, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Housing,