HB 1799

HOUSE OF REPRESENTATIVES
H.B. NO.
1799
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Section 46-15,
Hawaii Revised Statutes, is amended to read as follows:
���� "�46-15� Experimental and
demonstration housing projects[[.]] or commercial projects.� (a)�
The mayor of each county, after holding a public hearing on the matter
and receiving the approval of the respective council, shall be empowered to
designate areas of land for experimental and demonstration housing projects[[,]]
or commercial projects, the purposes of which are to research and
develop ideas that would reduce the cost of housing or support commercial
development in the State.� Except as
[[hereinafter]] provided[[,]] in this section, the
experimental and demonstration housing projects or commercial projects
shall be exempt from all statutes, ordinances, charter provisions, and rules or
regulations of any governmental agency or public utility relating to planning,
zoning, construction standards for subdivisions, development and improvement of
land, and the construction and sale of homes thereon; provided that the
experimental and demonstration housing projects or commercial projects
shall not affect the [[safety]]:
���� (1)� Safety
standards or tariffs approved by the public [[utility commissions]]
utilities commission for such public utility[[.]]; or
���� (2)� Safety
standards, tariffs, rates, and fees of the various boards of water supply
authorized under chapter 54.
���� (b)� The mayor of each county, with the
approval of the respective council, may designate a county agency or
official who shall have the power to review all plans and specifications for
the subdivisions, development and improvement of the land involved, and the
construction and sale of homes thereon.�
The county agency or official shall have the power to approve or
disapprove or to make modifications to all or any portion of the plans and
specifications.
���� (c)� The county agency or official shall submit
preliminary plans and specifications to the legislative body of the respective
county for its approval or disapproval.�
The final plans and specifications for the project shall be deemed
approved by the legislative body if the final plans and specifications do not
substantially deviate from the approved preliminary plans and
specifications.� The final plans and
specifications shall constitute the standards for the particular project.
���� (d)� No action shall be prosecuted or maintained
against any county, its officials, or its employees, on account
of actions taken in reviewing, approving, or disapproving such plans and
specifications.
���� (e)� Any experimental or demonstration housing
project [[for the purposes hereinabove mentioned]] or commercial
project may be sponsored by any state or county agency or any person as
defined in section 1-19[[.]] for the purposes of this section.
���� (f)� The county agency or official shall apply to
the state land use commission for an appropriate land use district
classification change, except where a proposed project is located on land
within an urban district established by the state land use commission.� Notwithstanding any law, rule, or regulation
to the contrary, the state land use commission may approve the application at
any time after a public hearing held in the county where the land is located,
upon notice of the time and place of the hearing being published in the same
manner as the notice required for a public hearing by the planning commission
of the appropriate county.
���� [[(b)� The experimental]] (g)� Experimental and demonstration homes or
commercial projects may be sold to the public under terms and conditions
approved by the county agency or official who has been designated to review the
plans and specifications.
���� [[(c)]] (h)� The county agency or official may adopt [[and
promulgate]] rules and regulations [[which are]] necessary or desirable
to carry out the purposes of this section."
���� SECTION 2.� Section
46-15.01, Hawaii Revised Statutes, is amended to read as follows:
���� "[[[]]�46-15.01[[]]]� Limitation of application.�
This chapter shall not be construed to exempt counties from the
application of chapter 104 to experimental and demonstration housing projects or
commercial projects pursuant to section 46-15."
���� SECTION 3.� Section 104-1,
Hawaii Revised Statutes, is amended by amending the definition of "public
work" to read as follows:
���� ""Public work" means
any project, including development of any housing or commercial project
pursuant to section 46-15 or housing project pursuant to chapter 201H
and development, construction, renovation, and maintenance related to
refurbishment of any real or personal property, where the funds or resources
required or used to undertake the project are to any extent derived, either
directly or indirectly, from public revenues of the State or any county, or
from the sale of securities or bonds whose interest or dividends are exempt
from state or federal taxes."
���� SECTION 4.� Section 104-2,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:
���� "(a)� This chapter shall apply to every contract in
excess of $2,000 for construction of a public work project to which a
governmental contracting agency is a party; provided that this chapter shall
not apply to experimental and demonstration housing or commercial project
developed pursuant to section 46-15 or housing developed pursuant to chapter
201H if the cost of the project is less than $500,000 and the eligible bidder
or eligible developer is a private nonprofit corporation.
���� For the purposes of this subsection:
���� "Contract" includes but is
not limited to any agreement, purchase order, or voucher in excess of $2,000
for construction of a public work project.
���� "Governmental contracting
agency" includes:
���� (1)� Any person or
entity that causes either directly or indirectly the building or development of
a public work; and
���� (2)� Any public-private
partnership.
���� "Party" includes eligible
bidders for and eligible developers of any public work and any housing under
chapter 201H; provided that this subsection shall not apply to any housing or
commercial project developed under section 46-15 or housing project
developed under chapter 201H if the entire cost of the project is less than
$500,000 and the eligible bidder or eligible developer is a private nonprofit
corporation."
���� SECTION 5.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 6.� This Act shall take effect on July 1, 3000,
and shall be repealed on  ;
provided that the amendments made to section 104-2(a), Hawaii Revised Statutes,
by section 4 of this Act shall not be repealed when that section is reenacted
on June 30, 2030, pursuant to section 5 of Act 54, Session Laws of Hawaii 2017,
as amended by section 4 of Act 39, Session Laws of Hawaii 2018.
Report Title:
Counties;
Experimental and Demonstration Housing Projects; Commercial Projects
Description:
Expands
on a county's experimental and demonstration housing project authority to
include the development of commercial projects.�
Sunsets on an unspecified date.� 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.