Bill Text: HI SB1423 | 2021 | Regular Session | Amended
Bill Title: Relating To The Stadium Development District.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-03-04 - Referred to WAL, CPC/JHA, FIN, referral sheet 19 [SB1423 Detail]
Download: Hawaii-2021-SB1423-Amended.html
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THE SENATE |
S.B. NO. |
1423 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE STADIUM DEVELOPMENT DISTRICT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Section 109-1, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) There shall be within the department of
accounting and general services for administrative purposes only, a stadium
authority whose responsibility shall be to maintain, operate, and manage the
stadium [and facilities attached thereto.] development district. The authority shall consist of [nine] eleven
members who shall be appointed by the governor in the manner prescribed by
section 26-34.
Of the eleven members:
(1) One member shall
be a resident of one of the following areas:
(A) Excluding
Ford Island, the area beginning at the intersection of the shoreline and
Admiral Clarey (Ford Island) Bridge and running:
(i) Easterly
along said bridge to Salt Lake boulevard;
(ii) Southeasterly
along said boulevard to Luapele drive;
(iii) Westerly
along said drive to Fleet place;
(iv) Westerly
along said place to Ulithi street;
(v) Southwesterly
along said street to Luapele road;
(vi) Westerly
along said road to Ulihi road;
(vii) Westerly
along said road to Makalapa drive;
(viii) Southwesterly
along said drive to Halawa drive;
(ix) Northwesterly
along said drive to Kamehameha highway;
(x) Northerly
along said highway to Halawa stream;
(xi) Westerly
along said stream to Makalapa drive;
(xii) Southwesterly
along said drive to Halawa drive;
(xiii) Northwesterly
along said drive to Kamehameha highway;
(xiv) Northerly
along said highway to Halawa stream;
(xv) Westerly
along said stream to the shoreline; and
(xvi) Northerly
along said shoreline to its intersection with Admiral Clarey (Ford Island)
Bridge;
(B) The
area beginning at the intersection of Kaonohi street and H-1 freeway and
running:
(i) Southeasterly
along said freeway to the Moanalua freeway - Kamehameha highway connector;
(ii) Northwesterly
along said highway connector to Kamehameha highway;
(iii) Northwesterly
along said highway to Aiea stream;
(iv) Southeasterly
along said stream to the Moanalua freeway - Kamehameha highway connector;
(v) Northwesterly
along said highway connector to Kamehameha highway;
(vi) Northwesterly
along said highway to Aiea stream;
(vii) Southerly
along said stream to the shoreline;
(viii) Northwesterly
along said shoreline to Kalauao stream;
(ix) Northeasterly
along said stream to Kamehameha highway;
(x) Northwesterly
along said highway to Kaonohi street; and
(xi) Northeasterly
along said street to its intersection with H-1 freeway; or
(C) The
area beginning at the intersection of Waimalu stream and Koolau ridge and running:
(i) Southeasterly
along said ridge to Ewa -Honolulu district boundary;
(ii) Southwesterly
along said boundary to Red Hill Naval Reservation boundary;
(iii) Southwesterly
along said boundary to Tampa drive;
(iv) Westerly
along said drive to the unnamed road;
(v) Northerly
along said road to Icarus way;
(vi) Westerly
along said way to the unnamed road;
(vii) Southwesterly
along said road to Moanalua freeway (H-201);
(viii) Westerly
along said freeway to H-1 freeway;
(ix) Northwesterly
along said freeway to Kaonohi street;
(x) Southwesterly
along said street to Moanalua road;
(xi) Westerly
along said road to Kaahumanu street;
(xii) Northerly
along said street to Komo Mai drive;
(xiii) Easterly
along said drive to Punanani gulch;
(xiv) Northeasterly
along said gulch to the powerline;
(xv) Southeasterly
along said powerline to Waimalu stream;
(xvi) Northeasterly
along said stream to Aiea stream;
(xvii) Easterly
along said stream to Waimalu stream; and
(xviii) Southeasterly
along said stream to its intersection with Koolau ridge; and
(2) One member
shall be from the area beginning at the intersection of H-1 freeway and
Moanalua freeway (H-201) and running:
(A) Southeasterly
along said freeway to Aliamanu Military Reservation southern boundary;
(B) Westerly
along said boundary to Wanaka street;
(C) Southwesterly
along said street to Likini street;
(D) Northwesterly
along said street to Ukana street;
(E) Southwesterly
along said street to Keaka drive;
(F) Northwesterly
along said drive to Manuwa drive;
(G) Southeasterly
along said drive to Pakini street;
(H) Southwesterly
along said street to Keaka drive;
(I) Southerly
along said drive to Puolo drive;
(J) Westerly
along said drive to Likini street;
(K) Southerly
along said street to Maluna street;
(L) Westerly
along said street to Salt Lake boulevard;
(M) Southeasterly
along said boulevard to the former street entrance to U.S. Naval Reservation;
(N) Southwesterly
along said feature to Reeves loop;
(O) Southwesterly
along said loop to Radford drive;
(P) Westerly
along said drive to H-1 freeway; and
(Q) Northerly
along said freeway to its intersection with Moanalua freeway (H-201).
Each member of the authority shall have been a citizen of the United States and a resident of the State for at least five years next preceding the member's appointment. The eleven members shall include the president of the University of Hawaii and the superintendent of education, who shall be ex officio members of the authority but shall not vote.
(b)
The chairperson of the authority shall be elected by the majority of the
members of the authority. The
term of each member shall be four years[,]; provided that [of]:
(1) Of the
members initially appointed, three members shall serve for four years,
three members shall serve for three years, and the remaining three members
shall serve for two years[.]; and
(2) The terms of the
members added by Act , Session Laws of Hawaii 2021,
shall commence on July 1, 2021.
No person shall be appointed consecutively to more than two terms as a member of the authority. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments."
SECTION 2. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:
"§109-2 Stadium authority; powers and duties. The powers and duties of the stadium authority shall be as follows:
(1) To repair,
maintain, and operate[, and manage the stadium and related facilities;]
stadium facilities and the stadium development district, including:
(A) Repairs,
maintenance, operations, and demolition of existing stadium facilities;
(B) Operations
and maintenance of a new stadium; and
(C) Contractual
payments to developers, contractors, or management contractors engaged by the stadium
authority;
(2) To engage in coordination,
planning, design, and construction activities, including on-site repairs, within
the stadium development district;
(3) To acquire and hold
title to real property;
[(2)] (4)
To prescribe and collect rents,
fees, and charges for the use or enjoyment of the stadium [or any of its],
facilities[;] related to the stadium, and real property held by the stadium
authority, including entering into leases, contracts, sponsorship and
advertising agreements, food and beverage agreements, concession agreements,
parking agreements, or other development and use agreements that may apply;
provided that leases shall not exceed a term of ninety-nine years;
[(3)] (5) To make and execute contracts and other
instruments necessary or convenient to exercise its powers under this chapter
and subject to any limitations in this chapter, to exercise all powers necessary,
incidental, or convenient to carry out and effectuate the purposes and
provisions of this chapter;
[(4)] (6) To adopt, amend, and repeal in
accordance with chapter 91 rules it may deem necessary to effectuate this
chapter and in connection with its projects, operations, and facilities;
[(5)] (7) To appoint [a manager and a deputy
manager who shall have qualifications as the authority deems necessary and who
shall hold their respective offices at the pleasure of the authority. The manager and deputy manager shall be
exempt from the requirements of chapters 76 and 89. Effective July 1, 2005, the manager shall be
paid a salary not to exceed eighty-seven per cent of the salary of the director
of human resources development.
Effective July 1, 2005, the deputy manager shall be paid a salary not to
exceed eighty-five per cent of the manager's salary. The manager shall have full power to administer
the affairs of the stadium and related facilities, subject to the direction and
approval of the authority. The manager
shall, subject to the approval of the authority, have power to appoint,
suspend, and discharge a secretary who shall be exempt from the requirements of
chapters 76 and 89, and other employees, subordinates, and assistants as may be
necessary for the proper conduct of the business of the authority. Except for persons hired on contract or otherwise
as provided in section 109-3 and except for the manager, deputy manager, and
secretary, all appointments, suspensions, or discharges shall be made in conformity
with the applicable provisions of chapter 76;] officers, agents, and employees,
prescribe their duties and qualifications, and fix their salaries, without regard
to chapters 76 and 89, to manage the stadium, the stadium development district,
and its contractors; and
[(6)] (8) To plan, promote, and market the
stadium and related facilities."
SECTION 3. Section 109-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any law enforcement officer who has police powers
to arrest offenders and issue citations, including any police officer of the counties,
shall have the authority to enforce any rule [promulgated] adopted
pursuant to section [109-2(4).]
109-2(6)."
SECTION 4. Section 171-2, Hawaii Revised Statutes, is amended to read as follows:
"§171-2 Definition of
public lands.
"Public lands" means all lands or interest therein in the
State classed as government or crown lands previous to August 15, 1895, or
acquired or reserved by the government upon or subsequent to that date by
purchase, exchange, escheat, or the exercise of the right of eminent domain, or
in any other manner; including lands accreted after May 20, 2003, and not
otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable
for reclamation, together with reclaimed lands that have been given the status
of public lands under this chapter, except:
(1) Lands designated in section 203 of the
Hawaiian Homes Commission Act, 1920, as amended;
(2) Lands set aside pursuant to law for the use of
the United States;
(3) Lands being used for roads and streets;
(4) Lands to which the United States relinquished
the absolute fee and ownership under section 91 of the Hawaiian Organic Act
prior to the admission of Hawaii as a state of the United States unless
subsequently placed under the control of the board of land and natural
resources and given the status of public lands in accordance with the state
constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other
laws;
(5) Lands to which the University of Hawaii holds
title;
(6) Lands to which the Hawaii housing finance and
development corporation in its corporate capacity holds title;
(7) Lands to which the Hawaii community
development authority in its corporate capacity holds title;
(8) Lands set aside by the governor to the Hawaii
public housing authority or lands to which the Hawaii public housing authority
in its corporate capacity holds title;
(9) Lands to which the department of agriculture
holds title by way of foreclosure, voluntary surrender, or otherwise, to
recover moneys loaned or to recover debts otherwise owed the department under
chapter 167;
(10) Lands that are set aside by the governor to
the Aloha Tower development corporation[;], lands leased to the
Aloha Tower development corporation by any department or agency of the State[;],
or lands to which the Aloha Tower development corporation holds title in its
corporate capacity;
(11) Lands that are set aside by the governor to
the agribusiness development corporation[;], lands leased to the
agribusiness development corporation by any department or agency of the State[;],
or lands to which the agribusiness development corporation in its corporate
capacity holds title;
(12) Lands to which the Hawaii technology development
corporation in its corporate capacity holds title; [and]
(13) Lands to which the department of education holds
title; and
(14) Land to which the stadium authority holds title;
provided that, except as otherwise limited under
federal law and except for state land used as an airport as defined in section
262-1, public lands shall include the air rights over any portion of state land
upon which a county mass transit project is developed after July 11, 2005[.];
provided further that if the lands pursuant to paragraph (14) are no longer needed
for the stadium development district or related purposes, the lands shall be returned
to the public land trust administered by the department."
SECTION 5. Section 171-64.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This section applies to all lands or interest therein owned or under the control of state departments and agencies classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or any other manner, including accreted lands not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, including:
(1) Land set aside pursuant to law for the use of the United States;
(2) Land to which the United States relinquished the absolute fee and ownership under section 91 of the Organic Act prior to the admission of Hawaii as a state of the United States;
(3) Land to which the University of Hawaii holds title;
(4) Land to which the Hawaii housing finance and development corporation in its corporate capacity holds title;
(5) Land to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;
(6) Land that is set aside by the governor to the Aloha Tower development corporation; or land to which the Aloha Tower development corporation holds title in its corporate capacity;
(7) Land that is set aside by the governor to the agribusiness development corporation; or land to which the agribusiness development corporation in its corporate capacity holds title;
(8) Land to which the Hawaii technology development corporation in its corporate capacity holds title;
(9) Land to which the
department of education holds title; [and]
(10) Land to which the
Hawaii public housing authority in its corporate capacity holds title[.];
and
(11) Lands to which the stadium authority holds title."
PART II
SECTION 6. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:
"§206E- Stadium
development special fund; established. (a) There is established in the state treasury the
stadium development special fund, into which shall be deposited:
(1) All revenues
from the stadium development district, including but not limited to agreements
or actions generating revenue related to stadium operations, lease or rental of
facilities or land, concessions, food and beverage, parking, sponsorship and
advertising, utilities and infrastructure, and development;
(2) All gifts or grants
awarded in any form from any public agency or any other source for purposes of the
stadium development district;
(3) All proceeds from
revenue bonds issued by the authority; and
(4) Appropriations
made by the legislature to the fund.
(b) Moneys in the stadium development special fund
shall be used by the authority for the payment of expenses arising from any and
all use, operation, repair, maintenance, alteration, improvement, development, or
any unforeseen or unplanned repairs of the stadium development district, including
without limitation:
(1) The development,
operation, and maintenance of a new stadium;
(2) Food and beverage
service and parking service provided at the stadium facility; the sale of
souvenirs, logo items, or other items; any future major repair, maintenance,
and improvement of the stadium facility as a commercial enterprise or as a
world class facility for athletic events, entertainment, or public events; and
for marketing the facility pursuant to sections 109-2(4) and 109-2(8); and
(3) Contractual
payments to developers or contractors engaged by the stadium authority for the
purpose of redeveloping the site and related on- and off-site infrastructure
that benefits the stadium district and its development guidance policies.
(c) In establishing or amending fees or charges that generate receipts for deposit into the stadium development special fund, the authority shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The fees and charges may be established at an open meeting subject to the requirements of chapter 92. The fees and charges may include rental rates for events, facilities, equipment, parking, and services provided to other government agencies and to the public."
SECTION 7. Section 206E-222, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Authority" or "stadium authority" means the stadium authority established pursuant to section 109-1."
SECTION 8. Section 206E-223, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
SECTION 9. Section 206E-224, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-224[]] Development guidance policies. The following shall be the development
guidance policies generally governing the authority's actions in the district:
(1) Development shall
be in accordance with [any county] stadium district development plans
or transit-oriented development [plan, unless modified by the authority
pursuant to paragraph (2);] plans adopted by the stadium authority for the
development of the district; provided that the plan or plans shall consider any
county transit-oriented development plan and allow for public input in the plan's
preparation and updates;
(2) [With the
approval of the governor, the] The authority, upon the concurrence
of a majority of its voting members, may modify and make changes to a
transit-oriented development plan with respect to the district to respond to
changing conditions; provided that before amending a transit-oriented
development plan, the authority shall conduct a public hearing to inform the
public of the proposed changes and receive public input;
(3) The authority shall seek to promote economic development and employment opportunities by fostering diverse land uses and encouraging private sector investments that use the opportunities presented by the high-capacity transit corridor project consistent with the needs of the public, including mixed use housing and housing in transit-oriented developments;
(4) 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;
(5) [Hawaiian
archaeological,] Archaeological, historic, and cultural sites shall
be preserved and protected[;] in accordance with chapter 6E;
(6) Endangered species
of flora and fauna shall be preserved to the extent [feasible;] required
by law;
(7) 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
(8) Public facilities within the district shall be planned, located, and developed to support the development policies established by this chapter for the district and rules adopted pursuant to this chapter."
SECTION 10. Section 206E-225, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-225[]] Stadium development district governance; memorandum
of agreement. Notwithstanding
[section] sections 206E-3[, for] and 206E-4.1, the stadium
authority established pursuant to section 109-1 shall have sole jurisdiction
regarding matters affecting the stadium development district[, the];
provided that the executive director of the Hawaii community development authority
shall serve directly under the stadium authority for those matters. The executive director of the Hawaii community
development authority, state comptroller, and the stadium authority shall
execute a memorandum of agreement with the appropriate state agencies."
PART III
SECTION 11. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except
as provided in this section, and notwithstanding any other law to the contrary,
from time to time, the director of finance, for the purpose of defraying the
prorated estimate of central service expenses of government in relation to all
special funds, except the:
(1) Special
out-of-school time instructional program fund under section 302A-1310;
(2) School
cafeteria special funds of the department of education;
(3) Special
funds of the University of Hawaii;
(4) State
educational facilities improvement special fund;
(5) Convention
center enterprise special fund under section 201B-8;
(6) Special
funds established by section 206E-6;
(7) Aloha
Tower fund created by section 206J-17;
(8) Funds
of the employees' retirement system created by section 88-109;
(9) Hawaii
hurricane relief fund established under chapter 431P;
(10) Hawaii
health systems corporation special funds and the subaccounts of its regional
system boards;
(11) Tourism
special fund established under section 201B-11;
(12) Universal
service fund established under section 269-42;
(13) Emergency
and budget reserve fund under section 328L-3;
(14) Public
schools special fees and charges fund under section 302A-1130;
(15) Sport
fish special fund under section 187A-9.5;
[[](16)[]]Neurotrauma
special fund under section 321H-4;
[[](17)[]]Glass
advance disposal fee established by section 342G-82;
[[](18)[]]Center
for nursing special fund under section 304A-2163;
[[](19)[]]Passenger
facility charge special fund established by section 261-5.5;
[[](20)[]]Solicitation
of funds for charitable purposes special fund established by section 467B-15;
[[](21)[]]Land
conservation fund established by section 173A‑5;
[[](22)[]]Court
interpreting services revolving fund under section 607-1.5;
[[](23)[]]Trauma
system special fund under section 321-22.5;
[[](24)[]]Hawaii
cancer research special fund;
[[](25)[]]Community
health centers special fund;
[[](26)[]]Emergency
medical services special fund;
[[](27)[]]Rental
motor vehicle customer facility charge special fund established under section
261-5.6;
[[](28)[]]Shared
services technology special fund under section 27-43;
[[](29)[]]Automated
victim information and notification system special fund established under
section 353-136;
[[](30)[]]Deposit
beverage container deposit special fund under section 342G-104;
[[](31)[]]Hospital
sustainability program special fund under [[]section 346G-4[]];
[[](32)[]]Nursing facility sustainability
program special fund under [[]section 346F-4[]];
[[](33)[]]Hawaii 3R's school improvement fund under section 302A-1502.4;
[[](34)[]]After-school plus program revolving fund under section
302A-1149.5; [and]
[[](35)[]]Civil
monetary penalty special fund under section 321-30.2[,]; and
(36) Stadium
development special fund under section 206E‑ ,
shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
SECTION 12. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Special funds established by section 206E-6;
(6) Aloha Tower fund created by section 206J-17;
(7) Funds of the employees' retirement system created by section 88-109;
(8) Hawaii hurricane relief fund established under chapter 431P;
(9) Convention center enterprise special fund established under section 201B-8;
(10) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section 201B-11;
(12) Universal service fund established under section 269-42;
(13) Emergency and budget reserve fund under section 328L-3;
(14) Public schools special fees and charges fund under section 302A-1130;
(15) Sport fish special fund under section 187A-9.5;
[[](16)[]]Neurotrauma
special fund under section 321H-4;
[[](17)[]]Center
for nursing special fund under section 304A-2163;
[[](18)[]]Passenger
facility charge special fund established by section 261-5.5;
[[](19)[]]Court
interpreting services revolving fund under section 607-1.5;
[[](20)[]]Trauma system special fund under section
321-22.5;
[[](21)[]]Hawaii
cancer research special fund;
[[](22)[]]Community
health centers special fund;
[[](23)[]]Emergency
medical services special fund;
[[](24)[]]Rental
motor vehicle customer facility charge special fund established under section
261-5.6;
[[](25)[]]Shared
services technology special fund under section 27-43;
[[](26)[]]Nursing
facility sustainability program special fund established pursuant to [[]section 346F-4[]];
[[](27)[]]Automated victim information and
notification system special fund established under section 353-136;
[[](28)[]]Hospital
sustainability program special fund under [[]section
346G-4[]]; [and]
[[](29)[]]Civil
monetary penalty special fund under section 321-30.2[,]; and
(30) Stadium
development special fund under section
206E- ,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
PART IV
SECTION 13. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:
(1) The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;
(2) The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;
(3) The administrative director of the State;
(4) The president, the vice presidents, the assistant vice presidents, the chancellors, members of the board of regents, and the provosts of the University of Hawaii;
(5) The members of the board of education and the superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;
(6) The administrative director and the deputy director of the courts;
(7) The administrator and the assistant administrator of the office of Hawaiian affairs; and
(8) The members of the following state boards, commissions, and agencies:
(A) The board of directors of the agribusiness development corporation established under section 163D-3;
(B) The board of agriculture established under section 26-16;
(C) The state ethics commission established under section 84-21;
(D) The Hawaii community development authority established under section 206E-3;
(E) The Hawaiian homes commission established under the Hawaiian Homes Commission Act of 1920, as amended, and section 26-17;
(F) The board of directors of the Hawaii housing finance and development corporation established under section 201H-3;
(G) The board of land and natural resources established under section 171-4;
(H) The state land use commission established under section 205-1;
(I) The legacy land conservation commission established under section 173A-2.4;
(J) The natural area reserves system commission established under section 195-6;
(K) The board of directors of the natural energy laboratory of Hawaii authority established under section 227D-2;
(L) The board of directors of the Hawaii public housing authority established under section 356D‑3;
(M) The public
utilities commission established under section 269-2; [and]
(N) The commission on
water resource management established under section 174C-7[.]; and
(O) The stadium authority established under section 109-1."
PART V
SECTION 14. Act 268, Session Laws of Hawaii 2019, is amended by adding a new section to read as follows:
"SECTION 7A. The Hawaii community development authority, as the designated expending agency for capital improvement projects authorized in this Act, may delegate to other state agencies the implementation of projects when it is determined advantageous to do so by both the Hawaii community development authority as the original expending agency and the agency to which expending authority is to be delegated."
SECTION 15. Act 268, Session Laws of Hawaii 2019, is amended by amending section 5 to read as follows:
"SECTION 5. [The legislature finds and declares that
the issuance of revenue bonds under this Act is in the public interest and for
the public health, safety, and general welfare.
Pursuant to part III, chapter 39, Hawaii Revised Statutes. Accordingly, the Hawaii community development
authority, with the approval of the governor, may issue in one or more series
revenue bonds in a total amount not to exceed $180,000,000 for the Hawaii
community development authority to implement the stadium development district
as provided for in part , chapter
206E, Hawaii Revised Statutes.
The proceeds of the revenue bonds
shall be deposited into the Hawaii community development revolving fund created
in section 206E-16, Hawaii Revised Statutes.
The revenue bonds authorized
under this Act shall be issued pursuant to part III, chapter 39, Hawaii Revised
Statutes. The authorization to issue
revenue bonds under this Act shall lapse on June 30, 2024.] REPEALED."
SECTION 16. Act 268, Session Laws of Hawaii 2019, as amended
by Act 4, Session Laws of Hawaii 2020, is amended by amending section 6 to read
as follows:
"SECTION
6. (a) The director of finance is authorized to issue
general obligation bonds in the sum of $170,000,000 or so much thereof as may be
necessary and the same sum or so much thereof as may be necessary is
appropriated for fiscal year 2019-2020 to the Hawaii community development
authority for the stadium development district; provided that the appropriation
made for the capital improvement project authorized by this section shall not
lapse at the end of the fiscal year for which the appropriation is made; provided
further that all moneys from the appropriation unencumbered as of June 30, [2022,]
2024, shall lapse as of that date.
The sum appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.
(b) The director of finance is authorized to issue general obligation bonds in the sum of $180,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2021-2022 to the Hawaii community development authority for the stadium development district; provided that the appropriation made for the capital improvement project authorized by this section shall not lapse at the end of the fiscal year for which the appropriation is made; provided further that all moneys from the appropriation unencumbered as of June 30, 2024, shall lapse as of that date."
PART VI
SECTION 17. General obligation bonds appropriated by Act 268, Session Laws of Hawaii 2019, as amended by Act 4, Session Laws of Hawaii 2020, that have been allotted and encumbered prior to approval of this Act shall continue to be expended in accordance with the memorandum of agreement executed by and between the Hawaii community development authority, the stadium authority, and the department of accounting and general services.
PART VII
SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 19. This Act shall take effect upon its approval.
Report Title:
HCDA; Stadium Development District; Stadium Authority; Membership; Appropriation
Description:
Establishes the stadium development district special fund. Revises the general development guidance policies for the stadium development district and clarifies the respective roles the stadium authority and Hawaii community development authority in the development of the stadium development district. Broadens the powers and duties of the stadium authority, including authorizing the stadium authority to acquire and hold title to real property. Exempts land to which the stadium authority holds title from the definition of "public lands." Authorizes the Hawaii community development authority, with approval from the governor, to delegate to other state agencies implementation of capital improvement projects, under certain conditions. Broadens the representation of the stadium authority by adding two members to its membership. Amends the general bond authorization made by Act 268, Session Laws of Hawaii 2019. Makes the financial disclosures of members of the stadium authority public records pursuant to section 84-17(d), Hawaii Revised Statutes. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
