Hawaii-2018-HB1469-Amended

PART I

SECTION 1. The legislature finds that among the classes of public lands managed by the department of land and natural resources are commercial, industrial, hotel, and resort lands. The legislature further finds that because of restrictions imposed by various land management policies, there is little incentive for lessees of various parcels to make improvements to the leased parcels. This has resulted in dilapidation, deterioration, and obsolescence of the properties, which reduces the revenue-generating potential of the parcels.

The purpose of this part is to facilitate revitalization of public lands that include commercial, industrial, resort, and hotel infrastructure that have fallen into disrepair or obsolescence by:

(1) Providing a means to identify public lands in need of revitalization and establish procedures for redevelopment of those lands; and

(2) Amending generally-applicable lease requirements for public lands to remove barriers to redevelopment and to continued improvement and maintenance of infrastructure on those lands.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . PUBLIC LANDS REDEVELOPMENT

§171-A Findings; purpose. (a) The legislature finds that:

(1) Because of the policies guiding the management of public lands with commercial, industrial, hotel, and resort uses, there has been little incentive for the lessees of those properties to make major investments in improvements to their infrastructure, resulting in the deterioration of infrastructure and facilities;

(2) The lack of improvement to property in many of these areas has resulted in dilapidation, deterioration, age, or obsolescence of the buildings and structures in those areas; and

(3) The department has the responsibility of planning for the disposition of commercial, industrial, hotel, and resort classes of public lands to determine:

(A) Specific use or uses;

(B) Minimum size of parcels;

(D) Lease terms and requirements.

(b) The purpose of this part is to authorize the designation of areas or regions of public lands classified as commercial, industrial, hotel, and resort and the establishment and implementation of guidelines for the redevelopment of the areas or regions that will:

(1) Define policies for the management of public lands in the designated area or region;

(2) Establish a plan for the designated area or region, including district-wide improvements, that is coordinated with state and county land use and planning policies; and

(3) Implement asset and property management concepts that can optimize income from the properties and evolve in response to changing principles of property administration.

(c) The legislature finds that the rejuvenation of areas of public lands that have become dilapidated, obsolete, or have deteriorated over time is in the public interest and constitutes a valid public purpose.

§171-B Definitions. As used in this part:

"Planning committee" or "committee" means the policy-making committee established for a redevelopment district pursuant to section 171-D.

"Public facilities" includes streets and highways, storm drainage systems, water systems, street lighting systems, off-street parking facilities, and sanitary sewerage systems.

"Redevelopment district" or "designated district" means an area of public lands designated for redevelopment pursuant to section 171-C.

§171-C Designation of redevelopment district; boundaries. (a) The legislature shall designate redevelopment districts by statute for any area of public lands designated as an industrial park pursuant to section 171-132 or classified as commercial, industrial, hotel, or resort use pursuant to section 171-10 if the legislature determines that there is a need for planning, development, or redevelopment because the buildings and infra-structures in the area are dilapidated or have deteriorated due to age or obsolescence.

(b) The designation shall describe the boundaries of the redevelopment district.

§171-D Planning committee; district administrator; repeal. (a) Upon the designation of a redevelopment district pursuant to section 171-C, a planning committee for the designated district shall be established and placed in the department for administrative purposes.

(b) The committee shall be a policy-making committee for the designated district and shall consist of nine members. The members shall consist of:

(1) The chairperson of the board of land and natural resources and the director of planning of the county in which the designated district is located, or their designated representatives, who shall be ex officio, voting members of the committee; and

(2) Seven public, voting members appointed by the governor pursuant to section 26-34; provided that of the members appointed pursuant to this paragraph:

(A) Three members shall be selected from a list of six names submitted by the president of the senate and speaker of the house of representatives in collaboration with the legislators from the county in which the designated district is located;

(B) Seven members shall be selected on the basis of their knowledge, experience, and expertise in:

(i) Management of small or large businesses;

(ii) Economics, banking, investment, or finance;

(iii) Real estate development;

(iv) Real estate management;

(v) Marketing; or

(vi) Hotel and resort management; and

(C) Four members shall be residents of the county in which the designated district is located, and three members shall be residents of the State.

(d) The members of the committee shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the performance of their duties.

(e) The committee shall appoint a district administrator, who shall be the chief executive officer for the designated district. The district administrator shall have experience and expertise in engineering, planning, architecture, real estate, or law. The committee shall set the district administrator's duties, responsibilities, holidays, vacations, leaves, hours of work, and working conditions. The committee shall set the salary of the district administrator, who shall serve at the pleasure of the committee and shall be exempt from chapter 76.

(f) The committee shall be dissolved on June 30 of the tenth year following the effective date of the Act establishing the designated district.

§171-E Planning committee; powers and duties; generally. The committee shall have the powers and duties related to its functions in the designated district that are delegated to the committee by the board. In addition to the powers and duties delegated to the committee by the board, the committee may:

(1) Through its district administrator, appoint staff and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(2) Through its district administrator, allocate space or spaces that are to be occupied by the committee and appropriate staff, and purchase necessary supplies, equipment, or furniture;

(3) Prepare a redevelopment plan for the designated district;

(4) Notwithstanding any other law to the contrary, renew or renegotiate any lease in connection with any project contained in the redevelopment plan for the designated district, on terms and conditions as the committee deems advisable;

(5) Prepare or cause to be prepared plans, design criteria, landscaping, and estimates of costs for the construction, rehabilitation, or repair of any project contained in the redevelopment plan for the designated district, and from time to time modify the plans or estimates;

(6) Conduct studies in conjunction with county and state agencies necessary to determine the appropriate activities for redevelopment in the designated district;

(7) Reduce or waive the lease rental on any lease of public land for any project in the designated district that requires substantial improvements; provided that the reduction or waiver shall not exceed one year in duration;

(8) Make and execute all contracts and instruments that are necessary for the exercise of the committee's powers and functions relating to the designated district, including the engaging of the services of consultants for the rendering of professional and technical assistance and advice;

(9) Enter into a redevelopment agreement with a developer or developers for any project contained in the redevelopment plan; provided that the redevelopment agreement shall contain:

(A) The location, area, and size of the parcel to be redeveloped;

(B) The use or uses of the parcel in conformance with the redevelopment plan and applicable state and county laws and ordinances;

(D) Other terms and conditions that the committee deems necessary;

(10) Work closely and communicate with the county government to coordinate the execution of the designated district's planning, incremental projects, work schedules, public works, and budget; and

(11) Do any and all things necessary to carry out the committee's purposes and exercise the powers established pursuant to this part.

§171-F District redevelopment plan. (a) The committee shall prepare a redevelopment plan for the designated district, including district development policies, the district improvement program, necessary public facilities, and the development guidelines and rules for the designated district. In carrying out its planning activities, the committee shall comply with applicable state and county statutes, ordinances, and rules.

(b) The committee shall prepare a redevelopment plan for the designated district that:

(1) Establishes, if applicable, areas principally for:

(A) Commercial activities;

(B) Processing, construction, manufacturing, transportation, wholesaling, storage and similar industrial activities;

(D) Public facilities and recreational facilities; with detailed standards for height, bulk, size, and location of buildings;

(2) Includes a district-wide improvement program for necessary district-wide public facilities within the designated district;

(3) Includes plans, specifications, and estimates of the costs for the development, construction, reconstruction, or improvement of any project in the designated district; provided that the committee may from time to time modify the plans, specifications, or estimates;

(4) If possible, identifies specific uses for areas in the designated district and the required parceling of land into minimum size areas related to the specific uses;

(5) Determines the lease rental that should be established for the specific uses and the terms and conditions of the leases; and

(6) Establishes interim development controls to be implemented during the transition to the execution of the provisions of the redevelopment plan, such as recommending the holdover of a lessee pursuant to section 171-40 or issuance of permits pursuant to section 171-55 to existing lessees upon the expiration of their lease terms.

(c) The district redevelopment plan may provide for the withdrawal or taking for public purposes of the public land or portion of the public land under a lease. The rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive the proportionate value of the permanent improvements legally made to or constructed upon the land by the lessee taken in the proportion that it bears to the unexpired term of the lease.

(d) The committee shall hold a public hearing on a proposed redevelopment plan for the designated district, and shall consider the comments received and incorporate any revisions to the plan that may be necessary.

(e) Two years after the date the committee is established, it shall submit a report to the board with the redevelopment plan recommended by the committee along with recommendations for appropriations by the legislature, the authorization of bonds, or both, to implement the redevelopment plan in a timely manner. The board shall submit the report to the governor and the legislature, not later than twenty days prior to the convening of the 2020 regular session, with a request for the required appropriations, bond authorization, or both.

(f) The designated district redevelopment plan shall supersede all other inconsistent ordinances and rules relating to the use, planning, development, and construction on public land in the designated district.

§171-G Designated redevelopment district revolving fund. (a) A separate revolving fund shall be established for each redevelopment district designated pursuant to section 171-C, into which shall be deposited:

(1) Fifty per cent of the revenues, income, and receipts of the department from the public lands in the designated district, notwithstanding section 171-19;

(2) Moneys appropriated by the legislature to the revolving fund; and

(3) Any gifts, grants, and other funds accepted by the department.

Each revolving fund shall bear the name used by the legislature in designating the redevelopment district.

(b) Moneys in the designated redevelopment district revolving fund shall be used in the designated district for the purposes of this part; provided that no expenditure shall be made from the fund and no obligation shall be incurred against the fund in excess of the amount standing to the credit of the fund."

SECTION 3. Section 171-1, Hawaii Revised Statutes, is amended by amending the definition of "public purpose" to read as follows:

""Public purpose", as used in this chapter, unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, [~~and~~] industrial parks[.], and the redevelopment of public lands pursuant to part ."

SECTION 4. Section 171-35, Hawaii Revised Statutes, is amended to read as follows:

"§171-35 Lease provisions; generally. Every lease issued by the board of land and natural resources shall contain:

(1) The specific use or uses to which the land is to be employed;

(2) The exact commencement and termination dates for the lease, and the term and type of notice required to exercise any renewal option, if applicable;

[~~(2)~~] (3) The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;

[~~(3)~~] (4) Restrictions against alienation as set forth in section 171-36;

[~~(4)~~] (5) The rent, as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;

[~~(5)~~] (6) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste; and

[~~(6)~~] (7) [~~Such~~] Any other terms and conditions as the board deems advisable to more nearly effectuate the purposes of the state constitution and of this chapter."

SECTION 5. Section 171-36, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) and (b) to read:

"(a) Except as otherwise provided, the following restrictions shall apply to all leases:

[~~(1)~~ ~~Options for renewal of terms are prohibited;~~

~~(2)~~] (1) No lease shall be for a longer term than sixty-five years, except in the case of a residential leasehold which may provide for an initial term of fifty-five years with the privilege of extension to meet the requirements of the Federal Housing Administration, Federal National Mortgage Association, Federal Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for Cooperatives, or Veterans Administration requirements; [~~provided that the aggregate of the initial term and extension shall in no event exceed seventy-five years;~~

~~(3)~~ ~~No lease shall be made for any land under a lease which has more than two years to run;~~

~~(4)~~] (2) No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or any county;

[~~(5)~~] (3) No lease shall be transferable or assignable, except by devise, bequest, or intestate succession; provided that with the approval of the board of land and natural resources, the assignment and transfer of a lease or unit thereof may be made in accordance with current industry standards, as determined by the board; provided further that prior to the approval of any assignment of lease, the board [~~shall have the right to~~] may review and approve the consideration to be paid by the assignee and may condition its consent to the assignment of the lease on payment by the lessee of a premium based on the amount by which the consideration for the assignment, whether by cash, credit, or otherwise, exceeds the depreciated cost of improvements and trade fixtures being transferred to the assignee; provided further that with respect to state agricultural leases, [~~in the event of~~] if a foreclosure or sale[,] occurs, the premium, if any, shall be assessed only after the encumbrances of record and any other advances made by the holder of a security interest are paid;

[~~(6)~~] (4) The lessee shall not sublet the whole or any part of the demised premises except with the approval of the board; provided that prior to the approval, the board [~~shall have the right to~~] may review and approve the rent to be charged to the sublessee; provided further that in the case where the lessee is required to pay rent based on a percentage of its gross receipts, the receipts of the sublessee shall be included as part of the lessee's gross receipts; provided further that the board [~~shall have the right to~~] may review and, if necessary, revise the rent of the demised premises based upon the rental rate charged to the sublessee including the percentage rent, if applicable, and provided that the rent may not be revised downward;

[~~(7)~~] (5) The lease shall be for a specific use or uses and shall not include waste lands, unless it is impractical to provide otherwise;

[~~(8)~~] (6) Mineral and metallic rights and surface and ground water shall be reserved to the State; and

[~~(9)~~] (7) No lease of public lands, including submerged lands, nor any extension of any [~~such~~] lease, shall be issued by the State to any person to construct, use, or maintain a sunbathing or swimming pier or to use the lands for [~~such~~] these purposes, unless [~~such~~] the lease, or any extension thereof, contains provisions permitting the general public to use the pier facilities on the public lands and requiring that a sign or signs be placed on the pier, clearly visible to the public, which indicates the public's right to the use of the pier. The board, at the earliest practicable date, and where legally possible, shall cause all existing leases to be amended to conform to this paragraph. The term "lease", for the purposes of this paragraph, includes month-to-month rental agreements and similar tenancies.

(b) The board, from time to time, upon the issuance or during the term of any intensive agricultural, aquaculture, commercial, mariculture, special livestock, pasture, hotel, resort, school or government entity pursuant to section 171-95, eleemosynary organization pursuant to section 171-43.1, or industrial lease, may:

(1) Modify or eliminate any of the restrictions specified in subsection (a);

(2) Extend or modify the fixed rental period of the lease[~~; provided that the aggregate of the initial term and any extension granted shall not exceed sixty-five years;~~] upon approval by the board of a development agreement proposed by the lessee to make substantial improvements to the existing improvements or to construct new improvements; or

(3) Extend the term of the lease,

to the extent necessary to qualify the lease for mortgage lending or guaranty purposes with any federal mortgage lending agency, to qualify the lessee for any state or private lending institution loan, private loan guaranteed by the State, or any loan in which the State and any private lender participates, or to amortize the cost of substantial improvements to the demised premises that are paid for by the lessee without institutional financing, [~~such~~] the extension being based on the economic life of the improvements as determined by the board or an independent appraiser; provided that the approval of any extension shall be subject to the following:

(1) The demised premises have been used substantially for the purpose for which they were originally leased;

[~~(2)~~ ~~The aggregate of the initial term and any extension granted shall not be for more than sixty-five years;~~

~~(3)~~] (2) [~~In the event of~~] If a reopening[,] occurs, the rental for any ensuing period shall be the fair market rental at the time of reopening;

[~~(4)~~] (3) Any federal or private lending institution shall be qualified to do business in the State;

[~~(5)~~] (4) Proceeds of any mortgage or loan shall be used solely for the operations or improvements on the demised premises;

[~~(6)~~] (5) Where improvements are financed by the lessee, the lessee shall submit receipts of expenditures within a time period specified by the board, otherwise the lease extension shall be canceled; and

[~~(7)~~] (6) The rules of the board, setting forth any additional terms and conditions, which shall ensure and promote the purposes of the demised lands."

2. By amending subsections (d) and (e) to read:

"(d) The board, from time to time, during the term of any agriculture, intensive agriculture, aquaculture, commercial, mariculture, special livestock, pasture, hotel, resort, school or government entity pursuant to section 171-95, eleemosynary organization pursuant to section 171-43.1, or industrial lease, may modify or eliminate any of the [[]restrictions[]] specified in subsection (a), extend or modify the fixed rental period of the lease, or extend the term of the lease upon a showing of significant economic hardship directly caused by:

(1) State disaster, pursuant to chapter 209, including seismic or tidal wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, flood, or severe drought; or

(2) A taking of a portion of the area of the lease by government action by eminent domain, withdrawal, or conservation easement; provided that the portion taken shall not be less than ten per cent of the entire leased area unless otherwise approved by the board; and provided that the board determines that the lessee will not be adequately compensated pursuant to the lease provisions.

(e) The approval of any extension granted pursuant to subsection (d) shall be subject to the following:

(1) The demised premises has been used substantially for the purposes for which they were originally leased;

[~~(2)~~ ~~The aggregate of the initial term and any extension granted shall not be for more than fifty-five years;~~

~~(3)~~] (2) The rental shall not be less than the rental for the preceding term;

[~~(4)~~] (3) The rules of the board, setting forth any additional terms and conditions which shall ensure and promote the purposes of the demised lands; and

[~~(5)~~] (4) The length of the extension shall not exceed a reasonable length of time for the purpose of providing relief [~~and shall in no case exceed five years~~]."

PART II

SECTION 6. The legislature finds that:

(1) The Waiakea peninsula of the island of Hawaii contains approximately eighty-five per cent of the overnight visitor accommodations in east Hawaii county;

(2) The State owns a large part of the Waiakea peninsula area;

(3) There has been little incentive for the lessees of the properties in the area to make major investments in improvements to their infrastructure, resulting in the deterioration of the area's infrastructure and facilities; and

(4) The State has a responsibility to ensure that the Waiakea peninsula area does not deteriorate and have a harmful impact on the economy of the community as a whole.

The public lands in the area present an opportunity for the revitalization and redevelopment of a district where hotel and resort, commercial, and public uses may coexist compatibly within the same area.

SECTION 7. The legislature designates the public lands on the Waiakea peninsula on the island of Hawaii as the Waiakea peninsula redevelopment district.

SECTION 8. The Waiakea peninsula redevelopment district shall include the area bounded by the shoreline from the intersection of Lihiwai street and Kamehameha avenue; Kamehameha avenue to its intersection with Kalanianaole avenue; Kalanianaole avenue to its intersection with Banyan way; Banyan way from its intersection with Kalanianaole avenue to its intersection with Banyan drive; from the intersection of Banyan way and Banyan drive to the shoreline; the shoreline around the Waiakea peninsula, including Mokuola island, to the intersection of Lihiwai street and Kamehameha avenue.

SECTION 9. There is established a Waiakea peninsula redevelopment district planning committee. The committee shall be appointed as provided in section 171-D, Hawaii Revised Statutes, established by part I of this Act, and shall exercise the powers and duties in the designated district as authorized by chapter 171, part , Hawaii Revised Statutes, established by part I of this Act.

SECTION 10. There is established the Waiakea peninsula redevelopment district revolving fund, into which shall be deposited:

(1) Fifty per cent of the revenues, income, and receipts from the public lands in the Waiakea peninsula redevelopment district;

(2) Moneys appropriated by the legislature to the revolving fund; and

(3) Any gifts, grants, and other funds accepted by the Waiakea peninsula redevelopment district planning committee.

The moneys in the revolving fund shall be used in the Waiakea peninsula redevelopment district for the purposes described in chapter 171, part , Hawaii Revised Statutes, established by part I of this Act.

SECTION 11. Upon the repeal of this part, all leases, contracts, agreements, permits, or other documents executed or entered into, by or on behalf of the Waiakea peninsula redevelopment district planning committee shall remain in full force and effect and shall be administered by the department of land and natural resources.

SECTION 12. Upon the repeal of this part, all appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property held by the Waiakea peninsula redevelopment district planning committee shall be transferred to the department of land and natural resources, and moneys remaining in the Waiakea peninsula redevelopment district revolving fund shall be transferred to the special land and development fund established pursuant to section 171-19, Hawaii Revised Statutes.

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2017-2018 to be deposited into Waiakea peninsula redevelopment district revolving fund.

SECTION 14. There is appropriated out of the Waiakea peninsula redevelopment district revolving fund the sum of $300,000 or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the purposes of this part.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this part.

PART III

SECTION 15. In codifying the new part added by section 2 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 16. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect on July 1, 2017; provided that part II shall be repealed on June 30, 2027.

HOUSE OF REPRESENTATIVES	H.B. NO.	1469
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII		S.D. 2
		C.D. 1