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REPORT OF THE POLICY <br /> COMMITTEE ON PLANNING, <br /> LAND USE, AND DEVELOPMENT <br /> DATE: February 7, 2024 Re: Comm. No. 695/Bill No. 128 <br /> PLACE: Council Chambers <br /> Hilo, Hawai`i <br /> TIME: 10:39 a.m. <br /> Council Chair and Members <br /> Hawai`i County Council <br /> Hilo, Hawai`i 96720 <br /> Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill <br /> No. 128, reports as follows: <br /> Bill 128, transmitted by Committee Members Holeka Inaba and Heather Kimball via <br /> Communication No. 695, dated January 16, 2024, amends Chapter 11, Article 1, Section 11-15, <br /> of the Hawai`i County Code 1983 (2016 Edition, as Amended), Relating to Transfer of Excess <br /> Affordable Housing Credits. <br /> The measure requires developers of affordable housing projects to obtain approval from the <br /> Housing Administrator prior to initiating the transfer of excess of affordable housing credits and <br /> that the Housing Administrator validate any such transfer upon its completion. <br /> Community Development Division Head Anne Bailey participated in Kona Chambers on behalf <br /> of the Office of Housing and Community Development(OHCD). County Auditor Tyler Benner <br /> was available to respond to questions in the Hilo Chambers. <br /> Mr. Inaba stated the bill mandates transparency, necessitating the tracking and verification of all <br /> housing credit transfers within the County by the OHCD. Additionally, Ms. Kimball noted that <br /> this process generates a paper trail. <br /> An amendment was introduced by Mr. Inaba via Communication 695.1. The amendment passed, <br /> adding a provision to Section 11-15, subsection (d) which stipulates that excess credits transferred <br /> in violation of the section may be voided at the discretion of the County. <br /> Corporation Counsel Elizabeth Strance clarified that the amendment provides an additional layer <br /> of scrutiny and protection for the County and housing developers. Mr. Benner explained that the <br /> bill regulates both sides of the transaction process, preventing parties from divesting their <br /> interests without completing the transaction. He further noted that the proposed Code amendment <br /> aligns with recommendations from an audit report on the County's housing credits. <br /> Committee Member Susan Lee Loy expressed her support for the bill and requested more <br /> information from Mr. Benner and Ms. Strance on how it may impact Department of Hawaiian <br /> Home Lands credits. <br /> PCPLUD Report No. 8 <br />