Affordable Housing Requirements Bill

At a glance

What: Bill 207 amends Chapters 2 and 11 of the County Code to set affordable housing requirements for various types of development.
Where it stands: Forwarded to Council with a favorable recommendation by the Policy Committee on Planning, Land Use and Economic Development on 2026-11-05, 6 ayes, 2 noes, 1 absent. Sponsors plan amendments for first reading.
Next: First reading at Council with amendments on the $15 million fund and by-right exemptions; other departments are expected to weigh in.

Introduced by Council Members Ashley Lehualani Kierkiewicz and Holeka Goro Inaba.
Prescribes income-based pricing, eligibility preferences and resale restrictions.
Requires at least $15 million annually for an affordable housing production fund.
Offers incentives such as density bonuses, relaxed construction standards and expedited permitting for certain developments.
Act 211 (2026) will require a needs and feasibility study from July 1, 2029 for counties with an affordable housing requirement above 10 percent; Deputy Corporation Counsel Sylvia White said this applies whether or not Bill 207 passes.
Existing excess credits would expire 10 years after the ordinance takes effect; Christina Plummer said a little over 1,000 credits are on the books and not all are certified.
Concerns raised in committee: the production fund rising from $5 million to $15 million a year, waivers of standards such as hot water pipe insulation, curbs and sidewalks, a 60-day building permit limit, family subdivisions, and the in-lieu fee level.

Posted agenda for 2026-11-05 (2026-11-05 - Policy Committee on Planning Land Use and Economic Development): https://records.hawaiicounty.gov/WebLink/DocView.aspx?id=1138397&dbid=0&repo=ClerkCouncil

Bill 207 (Comm. 1130) taken up first at the Council Chair's request. Forwarded to Council with a favorable recommendation, 6-2 (noes: Matt Kaneali'i-Kleinfelder and Dennis Onishi; Rebecca Villegas absent).
Ashley Lehualani Kierkiewicz summarized the bill; Sylvia White covered Act 211; Christina Plummer covered credit inventory; members asked for a legal rationale for the credit sunset and a chart of the AMI credit shift.