Bill Text: HI SB2940 | 2020 | Regular Session | Introduced
Bill Title: Relating To The Stadium Development District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-10 - This measure has been deferred. [SB2940 Detail]
Download: Hawaii-2020-SB2940-Introduced.html
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THE SENATE |
S.B. NO. |
2940 |
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THIRTIETH LEGISLATURE, 2020 |
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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:
SECTION 1. 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 maintain,
operate, and manage the stadium [and related], facilities[;]
related to the stadium, and real property held by the stadium authority;
(2) To acquire and hold title to real property;
[(2)] (3) 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; provided that the terms of any lease
shall not conflict with the requirements of section 206E-14(a);
[(3)] (4) 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)] (5) 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)] (6) 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; and
[(6)] (7) To plan, promote, and market the stadium and
related facilities."
SECTION 2. 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 pursuant
to section [109-2(4).] 109-2(5)."
SECTION 3. 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) Lands 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."
SECTION 4. Section 206E-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The authority may, without recourse to public
auction, sell, or lease for a term not exceeding sixty-five years, all or any
portion of the real or personal property constituting a redevelopment project
to any person, upon such terms and conditions as may be approved by the authority,
if the authority finds that the sale or lease is in conformity with the
community development plan[.
For]; provided that the lease
of any real or personal property within the stadium development district[,
leases] shall be entered into by the stadium authority, shall
not exceed a term of ninety-nine years[.], and may contain terms that
do not conform with the community development plan."
SECTION 5. Section 206E-223, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The authority shall facilitate the development of all property belonging to the State within the district; provided that development is carried out in accordance with any county transit-oriented development plans for lands surrounding the district. In addition to any other duties that the authority may have pursuant to this chapter, the authority's duties shall include:
(1) Coordinating with the federal government regarding the ownership and use of, or restrictions on, properties within the district that were previously owned or are currently owned by the federal government;
(2) Coordinating with other state entities during the conveyance of properties and conducting remediation activities for the property belonging to the State within the district; and
(3) Developing
the infrastructure necessary to support the development of all property
belonging to the State within the district[; and
(4) Providing,
to the extent feasible, maximum opportunity for the reuse of property belonging
to the State within the district by private enterprise or state and county
government]."
SECTION 6. 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 exempt from all community development plan requirement; provided that the development shall be in accordance with any county transit-oriented development plan, unless modified by the authority pursuant to paragraph (2);
(2) With the approval of the governor, 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, historic, and cultural sites shall be preserved and protected;
(6) Endangered species of flora and fauna shall be preserved to the extent feasible;
(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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
HCDA; Stadium Development District; Stadium Authority
Description:
Authorizes the Stadium Authority to acquire and hold title to real property. Transfers authority to issue leases of the lands within the Stadium Development District from the Hawaii Community Development Authority to the Stadium Authority. Exempts development of the Stadium Development District from community development plan requirements, except requirements of the county transit-oriented development plan.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
