Rules Relating to the Implementation of the
Fifth Proclamation Relating to Affordable Housing
§ 1 Purpose and Authority
§ 2 Definitions
§ 3 Applicability of Proclamation and Rules
§ 4 Application of Suspended Laws
A. Chapter 76, HRS, Officers and Employees
B. Chapter 103D, HRS, Hawaii Public Procurement Code
C. Section 201H-38(a)(3), HRS, Housing development; exemption from statutes, ordinances, charter provisions, and rules.
§ 1 Purpose and Authority
These rules are intended to expedite the construction, development, and redevelopment of housing under the Fifth Proclamation Relating to Affordable Housing (“Proclamation”).
These rules are adopted pursuant to sections 127A-11, 12, 13, and 25, Hawaii Revised Statutes (HRS), to respond to the affordable housing emergency declared by the Governor and have the force and effect of law.
§ 2 Definitions
“Agency” means any department, office, board, or commission of the state or county government that is part of the executive branch of that government.
§ 3 Applicability of Proclamation and Rules
Certified affordable housing projects not subject to the state or county regulations suspended under the Proclamation shall still meet minimum requirements for health and safety, including applicable floodplain management powers and duties necessary for National Flood Insurance Program participation.
§ 4 Application of Suspended Laws
A. Chapter 76, HRS, Officers and Employees
1. Recruitment and hiring of employees under the Proclamation shall follow, to the extent possible, the principles set forth in section 76-1, HRS. No person shall be discriminated against in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position when the work may be efficiently performed by the person without hazard or danger to the health and safety of the person or others;
2. All positions established under the Proclamation may be exempt from civil service and may be converted to civil service positions at the discretion of the appointing authority. Exempt positions and appointments converted to civil service shall comply with Department of Human Resources Development Policy and Procedure 1000.002 except that all employees converted shall be treated as if they had occupied the position for a minimum of one (1) year. It is the appointing authority’s discretion to use an existing established civil service or exempt position or to establish a new position to hire under the Proclamation.
3. Prior to hiring any employee under the Proclamation, the appointing agency shall determine that:
a. The employee would be directly involved in the construction, development, or redevelopment of housing, the filling of public housing vacancies, the processing of housing vouchers, or in the processing of development-related permits, licenses, or approvals; and
b. It would be impractical or untimely to hire the employee under the civil service system under chapter 76, HRS.
4. The appointing agency shall ensure that all employees hired under the Proclamation meet the following:
a. Persons seeking employment meet the requirements necessary for the safe and efficient performance of the duties of the position for which they are being hired;
b. Each employee is able to perform their duties satisfactorily; and
c. Each employee is qualified to perform the duties and functions of the position that they are being hired into.
B. Chapter 103D, HRS, Hawaii Public Procurement Code
Prior to utilizing the suspension of chapter 103D, HRS, the department has determined that it is not practicable or advantageous to procure the services required via traditional procurement methods. This suspension is for the solicitation process only. Pursuant to section 103D-310(c), HRS, and section 3-122-112, Hawaii Administrative Rules, the procuring officer shall verify compliance (i.e., vendor is required to provide proof of compliance and may use the Hawaii Compliance Express) for all contracts awarded. Copies of the compliance and the award posting are required to be documented in the procurement/contract file.
The award is required to be posted on the Hawaii Awards and Notices Data System (HANDS) pursuant to Procurement Circular PC2019-05 within seven days after award.
C. Section 201H-38(a)(3), HRS, Housing development; exemption from statutes, ordinances, charter provisions, and rules.
Section 201H-38(a)(3), HRS, is suspended to allow the county in which a State affordable housing project or county affordable housing project is to be situated to approve the project, with or without modifications, without requiring the county council to approve, approve with modification, or disapprove the project by resolution. Instead, the county may approve, approve with modification, or disapprove the project through action of the county planning director within forty-five days of the receipt of the HHFDC approval. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the county planning director.
(SA/TGI/HTH/WHT1446156 2/28/24)
