Bill Text: HI SB97 | 2012 | Regular Session | Introduced
Bill Title: DHHL; Neighborhood Boards; Development; Presentation
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB97 Detail]
Download: Hawaii-2012-SB97-Introduced.html
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THE SENATE |
S.B. NO. |
97 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAIIAN HOMES COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 204.5, Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:
"§204.5. Additional powers. In addition and supplemental to the powers granted to the department by law, and notwithstanding any law to the contrary, the department may:
(1) With the approval of the governor[,] and
following a presentation to the appropriate neighborhood board established
pursuant to article XIV, revised charter of the city and county of Honolulu,
or, in counties with no neighborhood boards, to any community association that
would be directly affected, undertake and carry out [the development]
developments or projects other than homes [of] on any
Hawaiian home lands available for lease under and pursuant to section 207 of
this Act by assembling these lands in residential developments and providing
for the construction, reconstruction, improvement, alteration, or repair of
public facilities therein, including, without limitation, streets, storm
drainage systems, pedestrian ways, water facilities and systems, sidewalks,
street lighting, sanitary sewerage facilities and systems, utility and service
corridors, and utility lines, where applicable, sufficient to adequately
service developable improvements therein, sites for schools, parks, off-street
parking facilities, and other community facilities;
(2) With the approval of the governor[,] and
following a presentation to the appropriate neighborhood board established
pursuant to article XIV, revised charter of the city and county of Honolulu,
or, in counties with no neighborhood boards, to any community association that
would be directly affected, undertake and carry out [the development]
developments or projects other than homes [of] on available
lands for homestead, commercial, and multipurpose projects as provided in
section 220.5 of this Act, as a developer under this section or in association
with a developer agreement entered into pursuant to this section by providing
for the construction, reconstruction, improvement, alteration, or repair of
public facilities for development, including, without limitation, streets,
storm drainage systems, pedestrian ways, water facilities and systems,
sidewalks, street lighting, sanitary sewerage facilities and systems, utility
and service corridors, and utility lines, where applicable, sufficient to
adequately service developable improvements therein, sites for schools, parks,
off-street parking facilities, and other community facilities;
(3) With the approval of the governor, designate by resolution of the commission all or any portion of a development or multiple developments undertaken pursuant to this section an "undertaking" under part III of chapter 39, Hawaii Revised Statutes; and
(4) Exercise the powers granted under section 39-53, Hawaii Revised Statutes, including the power to issue revenue bonds from time to time as authorized by the legislature.
All provisions of part III of chapter 39, Hawaii Revised Statutes, shall apply to the department and all revenue bonds issued by the department shall be issued pursuant to the provisions of that part, except these revenue bonds shall be issued in the name of the department, and not in the name of the State.
As applied to the department, the term "undertaking" as used in part III of chapter 39 shall include a residential development or a development of homestead, commercial, or multipurpose projects under this Act. The term "revenue" as used in part III of chapter 39, shall include all or any portion of the rentals derived from the leasing of Hawaiian home lands or available lands, whether or not the property is a part of the development being financed."
SECTION 2. Section 220.5 of the Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any law to the
contrary, the department is authorized to enter into and carry out contracts to
develop available lands for homestead, commercial, and multipurpose projects;
provided that the department shall not be subject to the requirements of
competitive bidding if no state funds are to be used in the development of the
project[.]; provided further that any proposed developments or
projects other than homes shall be presented to the appropriate neighborhood
board established pursuant to article XIV, revised charter of the city and county
of Honolulu, or, in counties with no neighborhood boards, to any community
association that would be directly affected."
SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DHHL; Neighborhood Boards; Development; Presentation
Description:
Requires that the department of Hawaiian homelands present to the appropriate neighborhood board or community association developments or projects other than homes prior to the department undertaking the development or project. Clarifies that the development of homes is not subject to the above condition.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
