Bill Text: HI SB2925 | 2012 | Regular Session | Introduced
Bill Title: Public Land Development Corporation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to WLH/HWN/JDL, WAM. [SB2925 Detail]
Download: Hawaii-2012-SB2925-Introduced.html
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THE SENATE |
S.B. NO. |
2925 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to labor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171C-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established the public land development corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The corporation shall be headed by the board. The corporation shall be placed within the department for administrative purposes.
The corporation shall [coordinate]:
(1) Coordinate and administer programs
to make optimal use of public land, while ensuring that the public land is
maintained for the people of Hawaii[.];
(2) Preserve to the extent possible historically significant objects, structures, and areas and respect the host culture;
(3) Protect the public health, safety, and welfare of the people of this State and promote the sustainability of the State's resources without unduly delaying or frustrating the purposes and goals of this chapter;
(4) Ensure that any proposed development shall consider any possible adverse health or environmental consequences that may arise from the proposed development and provide for preventative and remedial measures;
(5) [The corporation shall identify] Identify
the public lands that are suitable for development under this chapter[,];
(6) [carry] Carry on marketing
analysis to determine the best revenue-generating programs for the public lands
identified[,];
(7) [enter] Enter into
public-private agreements to appropriately develop the public lands identified[,
and provide]; provided that:
(A) At least one partner in every project shall have maintained a physical presence in this State for at least three years prior to entering into the agreement and shall be incorporated in the State; and
(B) Any statewide labor agreement to which the corporation is a party shall apply to all of the corporation's projects involving public or private land; and
(8) Provide the leadership for the
development, financing, improvement, or enhancement of the selected development
opportunities[.], which shall include taking responsibility for
identifying and addressing zoning issues raised.
Permissible uses of public land pursuant to this chapter shall include but not be limited to office space; vehicular parking; commercial uses; hotel, residential, and time share uses; fueling facilities; storage and repair facilities; and seawater air conditioning plants."
SECTION 2. Section 171C-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding subsection (a) to
the contrary, the corporation shall not [acquire,]:
(1) Acquire, contract to acquire by
grant or purchase, own, hold, sell, assign, exchange, transfer, convey, lease,
or otherwise dispose of, or encumber any real, personal, or mixed property that
is owned by the department as of July 1, 2011, except as expressly provided in
this chapter[.]; or
(2) Exchange any public lands:
(A) That were:
(i) Ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, (30 Stat. 750), or acquired in exchange for lands so ceded; and
(ii) Conveyed to the State of Hawaii pursuant to section 5(b) of the Admission Act, but excluding lands and all proceeds and income from the sale, lease, or disposition of available lands under section 203 of the Hawaiian Homes Commission Act, 1920, as amended;
(B) Retained by the United States under sections 5(c) and 5(d) and later conveyed to the State under section 5(e) of the Admission Act; and
(C) That were ceded to and retained by the United States under section 5(c) and 5(d) of the Admission Act and later conveyed to the State pursuant to Public Law 88-233,
without first complying with section 171-50."
SECTION 3. Section 171C-19, Hawaii Revised Statutes, is amended to read as follows:
"[[]§171C-19[]]
Exemption from requirements. (a) Notwithstanding section
171-42 and except as otherwise noted in this chapter, projects pursuant to this
chapter shall be exempt from all statutes, ordinances, charter provisions, and
rules of any government agency relating to special improvement district
assessments or requirements; land use, zoning, and construction standards for
subdivisions, development, and improvement of land; and the construction,
improvement, and sale of homes thereon; provided that [the]:
(1) The public land planning activities
of the corporation shall be coordinated with the county planning departments
and the county land use plans, policies, and ordinances[.]; and
(2) If the corporation is an equity partner in a project, the corporation, in conjunction with its development partners, shall create a sustainable development plan for the project that describes how the project intends to address environmental issues, community concerns, respect the host culture, and preserve historically significant sites, objects, and structures.
(b) Notwithstanding any law to the contrary, the corporation shall comply with the requirements of section 171‑64.7 if it determines that the sale or gift of public lands is necessary to carry out the purposes of this chapter."
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:
Public Land Development Corporation
Description:
Requires the public land development corporation to address specific issues in its projects, such as protecting the public health and safety of the people of the State; promoting environmental sustainability; and respecting the host culture and protecting historically significant sites and structures.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
