Bill Text: HI HB1928 | 2020 | Regular Session | Amended

Hawaii House Bill 1928 (Prior Session Legislation)

HI State Legislature page for HB1928

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating To Development Districts.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2020-07-08 - Received notice of disagreement (Hse. Com. No. 417). [HB1928 Detail]

Download: Hawaii-2020-HB1928-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1928
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DEVELOPMENT DISTRICTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 206E, Hawaii Revised Statutes, is amended by adding a new part to read as follows:

"Part . Pulehunui COMMUNITY DEVELOPMENT DISTRICT

§206E-A Pulehunui community development district; purpose; findings. The legislature finds that the lands of Pulehunui, Maui are underutilized. Redeveloping, renovating, or improving these public lands in a manner that will provide suitable recreational, residential, educational, and commercial areas where the public can live, congregate, recreate, attend schools, and shop, as part of a thoughtfully integrated experience, is in the best interests of the State and its people.

The legislature further finds that the establishment of an autonomous community development authority under the Hawaii community development authority is the best method of addressing the planning and development of the public lands in Pulehunui, Maui.

This part establishes the Pulehunui community development district and the Pulehunui community development authority to make optimal use of public land for the economic, residential, educational, and social benefit of the people of Hawaii.

The legislature finds that the jurisdiction of the authority shall include development within the Pulehunui community development district. Any development within the district shall require a permit from the authority.

§206E-B Definitions. As used in this part, unless the context otherwise requires:

"Authority" means the Pulehunui community development authority.

"District" means the Pulehunui community development district established by this part.

§206E-C Pulehunui community development authority; powers; members; voting and quorum. (a) There is established a Pulehunui community development authority, which shall be a body corporate and a public instrumentality of the State, for the purposes of implementing this part. The authority shall be considered as part of the Hawaii community development authority for administrative purposes.

(b) Except as otherwise provided by law, the authority may make and execute contracts and all other instruments necessary or convenient for the planning and development of the Pulehunui community development district.

(1) The director of finance or the director's designee;

(2) The director of transportation or the director's designee;

(3) The chairperson of the board of land and natural resources or the chairperson's designee;

(4) The comptroller or the comptroller's designee;

(5) The adjutant general or the adjutant general's designee;

(6) The director of public safety or the director's designee;

(7) The executive director of the Hawaii community development authority or the executive director's designee;

(8) The mayor of the county in which the Pulehunui community development district is located or the mayor's designee;

(9) The chair of the county council of the county in which the Pulehunui community development district is located or the chair's designee;

(10) The Hawaii community development authority cultural specialist;

(11) A resident of the island of Maui appointed by the president of the senate; and

(12) A resident of the island of Maui appointed by the speaker of the house of representatives.

All members except the director of finance or the director's designee and the adjutant general or the adjutant general's designee shall serve as voting members and shall be considered in determining quorum and majority. The director of finance or the director's designee and the adjutant general or the adjutant general's designee shall participate in these matters as ex officio, nonvoting members and shall not be considered in determining quorum and majority.

(c) Six voting members of the advisory council shall constitute a quorum to do business, and any action taken by the authority shall be validated by a majority of the quorum.

(d) The authority shall annually elect the chairperson and vice chairperson from among its members.

(e) The members of the authority appointed under subsection (b) shall serve without compensation, but each shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

§206E-D District; established; boundaries. The Pulehunui community development district is established and shall be composed of the following properties:

(1) TMK 2-3-8-008-001;

(2) TMK 2-3-8-008-007;

(3) TMK 2-3-8-008-037; and

(4) TMK 2-3-8-008-038.

§206E-E Development guidance policies. The following shall be the development guidance policies generally governing the authority's actions in the district:

(1) The authority may engage in planning, design, and construction activities within and outside the district; provided that activities outside the district shall relate to infrastructure development, area-wide drainage improvements, roadway realignments and improvements, business and industrial relocation, and other activities the authority deems necessary to carry out development of the district and implement this part. The authority may undertake studies or coordinating activities in conjunction with the county and appropriate state agencies and may address facility systems, industrial relocation, and other activities;

(2) Hawaiian archaeological, historic, and cultural sites shall be preserved and protected;

(3) Endangered species of flora and fauna shall be preserved to the extent feasible;

(4) Land use and development activities within the district shall be coordinated with and, to the extent possible, complement existing county and state policies, plans, and programs affecting the district; and

(5) Public facilities within the district shall be planned, located, and developed to support the development policies established by this part for the district and rules adopted pursuant to this chapter.

§206E-F Development district governance; memorandum of agreement. Notwithstanding section 206E-3, for matters affecting the district, the authority and the comptroller shall execute a memorandum of agreement with the appropriate state agencies; provided that for matters affecting TMK 2-3-8-008-037, the executive director of the Hawaii community development authority shall execute a memorandum of agreement with the appropriate state agencies.

§206E-G Annual comprehensive report. Not less than twenty days prior to the convening of each regular session of the legislature, the authority shall submit to the legislature an annual comprehensive status report on the progress of development within the district."

SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§206E- Contracts with the federal government. (a) The authority may:

(1) Borrow money or accept grants from the federal government for or in aid of any development project the authority is authorized to undertake pursuant to this chapter;

(2) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the authority;

(3) Comply with any conditions required by the federal government in any contract for financial assistance; and

(4) Execute contracts with the federal government.

(b) It is the purpose and intent of this section to authorize the authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any development within a district that the authority is empowered to undertake."

SECTION 3. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The authority shall consist of the director of finance or the director's designee; the director of transportation or the director's designee; a cultural specialist; an at-large member; an at-large member nominated by the senate president; an at-large member nominated by the speaker of the house; three representatives of the Heeia community development district, comprising two residents of that district or the Koolaupoko district, which consists of sections 1 through 9 of zone 4 of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Heeia community development district or Koolaupoko district, nominated by the county council of the county in which the Heeia community development district is located; three representatives of the Kalaeloa community development district, comprising two residents of the Ewa zone (zone 9, sections 1 through 2) or the Waianae zone (zone 8, sections 1 through 9) of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Ewa or Waianae zone, nominated by the county council of the county in which the Kalaeloa community development district is located; three representatives of the Kakaako community development district, comprising two residents of the district and one owner of a small business or one officer or director of a nonprofit organization in the district, nominated by the county council of the county in which the Kakaako community development district is located; the director of planning and permitting of each county in which a community development district is located or the director's designee, who shall serve in an ex officio, nonvoting capacity; and the chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity.

All members except the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their designees shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the senate president and speaker of the house and the nine representatives of the respective community development districts shall each be appointed by the governor from a list of three nominees submitted for each position by the nominating authority specified in this subsection.

The authority shall be organized and shall exercise jurisdiction as follows:

(1) For matters affecting the Heeia community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:

(A) The director of finance or the director's designee;

(B) The director of transportation or the director's designee;

(D) The three at-large members; and

(E) The three representatives of the Heeia community development district;

provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority;

(2) For matters affecting the Kalaeloa community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:

(A) The director of finance or the director's designee;

(B) The director of transportation or the director's designee;

(D) The three at-large members; and

(E) The three representatives of the Kalaeloa community development district;

provided that the director of planning and permitting of the relevant county and the chairperson of the Hawaiian homes commission, or their respective designees, shall participate in these matters as ex officio, nonvoting members and shall not be considered in determining quorum and majority;

(3) For matters affecting the Kakaako community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:

(A) The director of finance or the director's designee;

(B) The director of transportation or the director's designee;

(D) The three at-large members; and

(E) The three representatives of the Kakaako community development district;

(4) For matters affecting the Pulehunui community development district, membership for determining quorum, majority, and voting authority shall be as provided under section 206E-C.

In the event of a vacancy, a member shall be appointed to fill the vacancy in the same manner as the original appointment within thirty days of the vacancy or within ten days of the senate's rejection of a previous appointment, as applicable.

The terms of the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their respective designees shall run concurrently with each official's term of office. The terms of the appointed voting members shall be for four years, commencing on July 1 and expiring on June 30; provided that the initial terms of all voting members initially appointed pursuant to Act 61, Session Laws of Hawaii 2014, shall commence on March 1, 2015. The governor shall provide for staggered terms of the initially appointed voting members so that the initial terms of four members selected by lot shall be for two years, the initial terms of four members selected by lot shall be for three years, and the initial terms of the remaining five members shall be for four years.

The governor may remove or suspend for cause any member after due notice and public hearing.

Notwithstanding section 92-15, a majority of all eligible voting members as specified in this subsection shall constitute a quorum to do business, and the concurrence of a majority of all eligible voting members as specified in this subsection shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been appointed and qualified. Except as herein provided, no member appointed under this subsection shall be an officer or employee of the State or its political subdivisions.

For purposes of this section, "small business" means a business which is independently owned and which is not dominant in its field of operation."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for development of the Pulehunui community development district.

The sum appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for two full-time equivalent (2.00 FTE) positions to carry out the purposes of this Act.

The sum appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.

SECTION 6. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

Report Title:

HCDA; Pulehunui Community Development District; Federal Financial Aid; Appropriation

Description:

Establishes the Pulehunui community development authority on the island of Maui as an autonomous community development authority under the Hawaii Community Development Authority for the purposes of developing the Pulehunui community development district. Authorizes the Hawaii Community Development Authority to obtain various forms of financial aid from the federal government for projects of the authority. Appropriates funds for the development of the Pulehunui community development district and establishment of two full-time equivalent (2.00 FTE) positions. Effective 7/1/2050. (HD1)

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