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 |
H.D. 2 |
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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 four new sections to be appropriately designated and to read as follows:
"§109-A 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-B 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, including its operations and land agreements;
(2) All proceeds
from revenue bonds issued by the stadium authority;
(3) Appropriations
made by the legislature to the fund; and
(4) All proceeds from general obligation bonds
and reimbursable general obligation bonds issued by the director of finance for
the benefit of the stadium authority.
(b) Moneys in the stadium development special fund shall be used for expenses of the stadium authority related to repairs to the existing stadium and the development and operations of the stadium property, including recurring contractual availability payments and other recurring 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.
§109-C 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 for
the purposes specified in section 109-B(b):
(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, including on-site
repairs, 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) 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 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-D 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 or redevelop the stadium [and
related], including repairs; facilities[;] related to the
stadium; and real property held by the stadium authority in the stadium
development district, either directly or through partnerships or contractual
agreements with private third parties or other entities;
(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, contracts, or other
development and use agreements that may apply; 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[.]
to manage the stadium development district. 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] deputy [manager] managers
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,] managers, 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 if the lands under paragraph (14) are no longer needed
for the stadium and stadium-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, may sell, or lease for a term not exceeding [sixty-five]
ninety-nine 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 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."
SECTION 9. 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 Clarey (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 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. 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 10. The terms of the initial two members added by this Act shall commence on July 1, 2020.
PART III
SECTION 11. 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 12. 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] 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-B,
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 13. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall take effect upon its approval.
Report Title:
HCDA; Stadium Development District; Stadium Authority; Membership; Appropriation
Description:
Establishes
the stadium development special fund. Defines
"stadium development district" and "district". 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. Broadens the
powers and duties of the stadium authority that includes 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". 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. Makes the financial
disclosures of members of the stadium authority public records pursuant to
section 84-17(d), HRS. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
