Bill Text: HI SB2940 | 2020 | Regular Session | Amended
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-Amended.html
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THE SENATE |
S.B. NO. |
2940 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 2 |
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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. Chapter 109, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§109- 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 operations of the stadium development;
(2) All proceeds
from revenue bonds issued by the stadium authority; and
(3) Appropriations
made by the legislature to the fund.
(b) Moneys in the stadium development special fund shall be used for the expenses of development and operations of the stadium property.
§109- Development guidance policies; established. (a)
The following shall be the development guidance
policies generally governing the authority's actions in the stadium development
district:
(1) 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 rail transit corridor project consistent with the needs of the
public, including the development of mixed-use housing and affordable housing;
(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 that the authority deems necessary
to carry out development of the district and implement this part;
(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 required by law;
(7) Land use and development
activities within the district shall be coordinated with and, to the extent possible,
complement and support existing county and state policies, plans, and programs affecting
the district;
(8) Public facilities
within the district shall be planned, located, and developed to support the development
guidance policies established by this chapter for the district and any rules adopted
pursuant to chapter 91 to implement this chapter.
§109- Annual comprehensive report. Not less than twenty days prior to the convening of each regular session of the legislature, the authority shall submit to the legislature an annual comprehensive status report on the progress of development within the stadium development district."
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 maintain, operate,[and]
manage, and develop 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 leases shall not exceed
a term of ninety-nine years;
[(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]
managers 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] managers
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] a 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 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(5)."
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) 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 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."
SECTION 6. 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 the stadium development
district, leases shall not exceed a term of ninety-nine years.]"
SECTION 7. Chapter 206E, part IX, Hawaii Revised Statutes, is repealed.
PART II
SECTION 8. Act 268, Session Laws of Hawaii 2019, is amended by adding a new section to read as follows:
"SECTION 7A. With the approval of the governor, the stadium 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 stadium authority as the original expending agency and the agency to which expending authority is to be delegated."
SECTION 9. Act 268, Session Laws of Hawaii 2019, is amended by amending sections 4 to 6 to read as follows:
"SECTION 4. There is appropriated out of the general
revenues of the State of Hawaii the sum of $20,000,000 or so much thereof as may
be necessary for fiscal year 2019-2020 for the [establishment and]
development of the stadium [development district] authority property
for public use.
The sum appropriated shall be expended by the [Hawaii community
development] stadium authority for the purposes of this Act; provided
that the appropriation shall not lapse at the end of the fiscal year for which
the appropriation is made; provided further that all moneys unencumbered as of
June 30, 2022, shall lapse as of that date.
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]
stadium 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] stadium authority to implement
[the stadium development district as provided for in part , chapter 206E, Hawaii Revised Statutes.] the
development of stadium authority property for public use.
The proceeds of the revenue bonds
shall be deposited into the [Hawaii community development revolving] stadium
development special fund created in section [206E-16,] 109- ,
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.
SECTION 6. The director of finance is authorized to
issue general obligation bonds in the sum of $150,000,000 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]
stadium authority for the [stadium development district.] development
of stadium authority property for public use; provided that the appropriation shall
not lapse at the end of the fiscal year for which the appropriation is made; provided
further that all moneys unencumbered as of June 30, 2022, shall lapse as of that
date."
PART III
SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2020-2021 to carry out the purposes of this Act.
The sum appropriated shall be expended by the stadium authority for the purposes of this Act; provided that the appropriation shall not lapse at the end of the fiscal year for which the appropriation is made; provided further that all moneys unencumbered as of June 30, 2022, shall lapse as of that date.
PART IV
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on July 1, 2020.
Report Title:
HCDA; Stadium Development District; Stadium Authority; Appropriation
Description:
Establishes the stadium development special fund. Establishes development guidance policies for the Stadium Authority's actions in the Stadium Development District. Requires the Stadium Authority to submit annual comprehensive reports to the Legislature. 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. Authorizes the Stadium Authority, with approval from the Governor, to delegate to other state agencies the implementation of capital improvement projects, under certain conditions. Repeals part IX of chapter 206E, Hawaii Revised Statutes, relating to the Stadium Development District. Appropriates funds. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
