HomeMy WebLinkAboutREP PCPLUD 008 2024/02/07 (2022-2024) REPORT OF THE POLICY
COMMITTEE ON PLANNING,
LAND USE, AND DEVELOPMENT
DATE: February 7, 2024 Re: Comm. No. 695/Bill No. 128
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 10:39 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill
No. 128, reports as follows:
Bill 128, transmitted by Committee Members Holeka Inaba and Heather Kimball via
Communication No. 695, dated January 16, 2024, amends Chapter 11, Article 1, Section 11-15,
of the Hawai`i County Code 1983 (2016 Edition, as Amended), Relating to Transfer of Excess
Affordable Housing Credits.
The measure requires developers of affordable housing projects to obtain approval from the
Housing Administrator prior to initiating the transfer of excess of affordable housing credits and
that the Housing Administrator validate any such transfer upon its completion.
Community Development Division Head Anne Bailey participated in Kona Chambers on behalf
of the Office of Housing and Community Development(OHCD). County Auditor Tyler Benner
was available to respond to questions in the Hilo Chambers.
Mr. Inaba stated the bill mandates transparency, necessitating the tracking and verification of all
housing credit transfers within the County by the OHCD. Additionally, Ms. Kimball noted that
this process generates a paper trail.
An amendment was introduced by Mr. Inaba via Communication 695.1. The amendment passed,
adding a provision to Section 11-15, subsection (d) which stipulates that excess credits transferred
in violation of the section may be voided at the discretion of the County.
Corporation Counsel Elizabeth Strance clarified that the amendment provides an additional layer
of scrutiny and protection for the County and housing developers. Mr. Benner explained that the
bill regulates both sides of the transaction process, preventing parties from divesting their
interests without completing the transaction. He further noted that the proposed Code amendment
aligns with recommendations from an audit report on the County's housing credits.
Committee Member Susan Lee Loy expressed her support for the bill and requested more
information from Mr. Benner and Ms. Strance on how it may impact Department of Hawaiian
Home Lands credits.
PCPLUD Report No. 8
PCPLUD-8 Page 2 February 7,2024
Committee Chair Ashley Kierkiewicz and Committee Member Rebecca Villegas both voiced
their support for the bill, emphasizing that it provides a clear and transparent process that ensures
proper resource utilization and establishes clear parameters of transparency throughout the
transfer process.
Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose
and intent of Bill 128, as amended to Draft 2, and recommends its passage on first reading.
kj
AYES NOES ABS EX Respectfully submitted,
EVANS x POLICY COMMITTEE ON
GALIMBA x PLANNING, LAND USE,
INABA x AND DEVEL PMENT
KAGIWADA X
KANEALII-KLEINFELDER X
KIERKIEWICZ X
KIMBALL x ASHLEY L. KIERKIEWICZ, CHAIR
LEE LOY X PCPLUD REPORT NO.: 8
VILLEGAS X ADOPTED: FER 2 1 2024