Bill Text: HI SB2972 | 2018 | Regular Session | Introduced
Bill Title: Relating To Land Development.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2018-04-26 - Received notice of discharge of conferees (Hse. Com. No. 681). [SB2972 Detail]
Download: Hawaii-2018-SB2972-Introduced.html
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THE SENATE |
S.B. NO. |
2972 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to land development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in January 2016, the Hawai‘i county planning director and chair of the board of land and natural resources signed a statement of understanding to enter into a collaborative process for the redevelopment of the Banyan Drive peninsula because it consisted of real property that was underutilized or in disrepair. Pursuant to chapter 53, Hawaii Revised Statutes, the county of Hawai‘i created a local redevelopment agency, the Banyan Drive Hawai‘i redevelopment agency, to work toward improving the Banyan Drive redevelopment area, as defined by the Hawai‘i county council, through a coordinated revitalization effort via the adoption and implementation of a master urban redevelopment plan. A conceptual master plan for redevelopment of the Banyan Drive redevelopment area was developed between May and October of 2016, which established a starting place for the formation of the redevelopment plan. However, in order for the redevelopment plan to be further developed, funding is needed to conduct the necessary environmental impact studies and other studies required pursuant to chapter 343, Hawai‘i Revised Statutes.
The purpose of this Act is to:
(1) Require the department of land and natural resources to allocate twenty-five per cent of revenues collected from commercial properties within the Banyan Drive redevelopment area to the Banyan Drive Hawai‘i redevelopment agency; and
(2) Appropriate funds from the special land and development fund to assist the county of Hawai‘i in conducting the necessary environmental impact statements necessary to complete its redevelopment plan for the Banyan Drive redevelopment area.
SECTION 2. Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is created in the department a special fund to be designated as the "special land and development fund". Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds of sale of public lands, including interest on deferred payments; all moneys collected under section 171-58 for mineral and water rights; all rents from leases, licenses, and permits derived from public lands; all moneys collected from lessees of public lands within industrial parks; all fees, fines, and other administrative charges collected under this chapter and chapter 183C; a portion of the highway fuel tax collected under chapter 243; all moneys collected by the department for the commercial use of public trails and trail accesses under the jurisdiction of the department; transient accommodations tax revenues collected pursuant to section 237D-6.5(b)(5); and private contributions for the management, maintenance, and development of trails and accesses shall be set apart in the fund and shall be used only as authorized by the legislature for the following purposes:
(1) To reimburse the general fund of the State for advances made that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands;
(2) For the planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board pursuant to title 12, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76; provided that transient accommodations tax revenues allocated to the fund shall be expended as provided in section 237D-6.5(b)(5);
(3) To repurchase any land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law;
(4) For the payment of all appraisal fees; provided that all fees reimbursed to the board shall be deposited in the fund;
(5) For the payment of publication notices as required under this chapter; provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules adopted by the board;
(6) For the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department;
(7) For the payment to private land developers who have contracted with the board for development of public lands under section 171-60;
(8) For the payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board;
(9) To reimburse the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund;
(10) For the
protection, planning, management, and regulation of water resources under
chapter 174C; [and]
(11) To a
redevelopment agency of a county established pursuant to chapter 53 for conducting
environmental impact studies or other studies as part of its redevelopment plan;
provided that the redevelopment district contains state lands; and
[(11)] (12) For other purposes of this chapter."
SECTION 3. Notwithstanding any law to the contrary, the department of land and natural resources shall allocate twenty-five per cent of the revenues collected each year from any commercial property within the Banyan Drive redevelopment area, as defined by the Hawai‘i county council, for all rents for leases, licenses, and permits to the Banyan Drive Hawai‘i redevelopment agency within the county of Hawai‘i.
SECTION 4. There is appropriated out of the special land and development fund established pursuant to section 171-19, Hawaii Revised Statutes, the sum of $250,000 or so much thereof as may be necessary for fiscal year 2018-2019 to the Banyan Drive Hawai‘i redevelopment agency within the county of Hawai‘i for conducting environmental impact studies or other studies as required for its redevelopment plan for the Banyan Drive redevelopment area; provided that the environmental impact studies shall include but not be limited to the following:
(1) A cultural impact assessment;
(2) An archaeological inventory survey;
(3) An infrastructure capacity study;
(4) A socioeconomic study;
(5) Water, soil, floral, and faunal studies;
(6) Exploration of alternative scenarios; and
(7) Stakeholder consultation and engagement;
provided further that no funds shall be expended unless matched on a dollar-for-dollar basis by funds from Hawai‘i county.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2018.
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INTRODUCED BY: |
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Report Title:
Banyan Drive Hawai‘i Redevelopment Agency; Environmental Impact Studies; Department of Land and Natural Resources; Appropriation
Description:
Requires the department of land and natural resources to allocate twenty-five per cent of revenues collected from commercial properties within the Banyan Drive redevelopment area to the Banyan Drive Hawai‘i redevelopment agency. Appropriates funds from the special land and development fund to assist the county of Hawai‘i in conducting the necessary environmental impact studies necessary to complete its redevelopment plan for the Banyan Drive redevelopment area. Requires matching funds from the county of Hawai‘i.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
