Bill Text: HI SB2940 | 2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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
THIRTIETH LEGISLATURE, 2020		S.D. 2
STATE OF HAWAII		H.D. 1

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 four new sections to be appropriately designated and to read as follows:

     "§109-     Definition.  As used in this chapter, "district" or "stadium development district" means real property held by the stadium authority or land under the jurisdiction of the stadium authority.

     §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 the development and operations of the stadium property.

     §109-     Development guidance policies; established.  (a)  The following shall be the general development guidance policies governing the stadium 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 chapter;

     (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; and

     (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.  No less than twenty days prior to the convening of each regular session of the legislature, the stadium 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[.]; provided further that should the lands under paragraph (14) no longer be needed for stadium and 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."

     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.  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.  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 Oahu shoreline and Admiral Carey (Ford Island) Bridge and running:

              (i)  Easterly along said bridge to Salt Lake boulevard;

             (ii)  Southeasterly along said boulevard to H-1 freeway;

            (iii)  Southwesterly along said freeway to Luapele drive;

             (iv)  Westerly along said drive to Fleet place;

              (v)  Southwesterly along said place to Ulithi street;

             (vi)  Southwesterly along said street to unnamed road;

            (vii)  Southwesterly along said road(s) to Luapele road;

           (viii)  Westerly along said road to Ulihi road;

             (ix)  Northwesterly along said road to Makalapa drive;

              (x)  Southwesterly along said drive to Ulihi road;

             (xi)  Westerly along said road to Halawa drive;

            (xii)  Northwesterly along said drive to Arizona street;

           (xiii)  Westerly along said street to Kamehameha highway;

            (xiv)  Northerly along said highway to Halawa stream;

             (xv)  Westerly along said stream to Oahu shoreline; and

            (xvi)  Northerly along said shoreline to point of beginning;

          (B)  The area beginning at the intersection of Kaonohi street and H-1 freeway and running:

              (i)  Southeasterly along said freeway to Moanalua freeway - Kamehameha highway connector;

             (ii)  Northwesterly along said highway connector to Kamehameha highway;

            (iii)  Northwesterly along said highway to Aiea stream;

             (iv)  Southerly along said stream to Oahu shoreline;

              (v)  Northwesterly along said shoreline to Kalauao stream;

             (vi)  Northeasterly along said stream to Kamehameha highway;

            (vii)  Northwesterly along said highway to Kaonohi street; and

           (viii)  Northeasterly along said street to point of beginning; 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 unnamed road;

              (v)  Northerly along said road to Icarus way;

             (vi)  Westerly along said way to unnamed road;

            (vii)  Southwesterly along said road(s) 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 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 point of beginning; 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 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 unnamed feature;

          (N)  Southwesterly along said feature to Reeves loop;

          (O)  Southwesterly along said loop to Radford drive;

          (P)  Westerly along said drive to Fuqua street;

          (Q)  Northeasterly along said street to Radford drive;

          (R)  Northwesterly along said drive to H-1 freeway; and

          (S)  Northerly along said freeway to point of beginning.

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 president of the University of Hawaii and the superintendent of education 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 2020, shall commence July 1, 2020.

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."

PART III

     SECTION 9.  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 10.  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 the 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 the 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 IV

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           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 V

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

HCDA; Stadium Development District; Stadium Authority; Membership; Appropriation

 

Description:

Establishes the stadium development special fund.  Establishes general development guidance policies for the stadium authority's actions in the stadium development district.  Requires the stadium authority to submit annual comprehensive status reports to the legislature.  Authorizes 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".  Transfers authority to issue leases of lands within the stadium development district from the Hawaii community development authority to the stadium authority, including expenditure of general funds and issuance of revenue and general revenue bonds proceeds provided by Act 268, SLH 2019.  Authorizes the stadium authority, with approval from the governor, to delegate to other state agencies implementation of capital improvement projects, under certain conditions.  Repeals part IX of chapter 206E, HRS, relating to the stadium development district.  Broadens the representation of the stadium authority by adding two members to its membership.  Appropriates funds.  Effective 7/1/2050.  (HD1)

 

 

 

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