Bill Text: HI SB663 | 2013 | Regular Session | Introduced
Bill Title: Public Land Development Corporation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to WTL, WAM. [SB663 Detail]
Download: Hawaii-2013-SB663-Introduced.html
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THE SENATE |
S.B. NO. |
663 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC LAND DEVELOPMENT CORPORATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 55, Session Laws of Hawaii 2011 (Act 55), codified as chapter 171C, Hawaii Revised Statutes, created the public land development corporation. Section 171C‑1, Hawaii Revised Statutes, states in pertinent part:
"The purpose of this chapter is to create a vehicle and process to make optimal use of public land for the economic, environmental, and social benefit of the people of Hawaii. This chapter establishes a public corporation to administer an appropriate and culturally-sensitive public land development program. The corporation shall coordinate and administer programs to make optimal use of public land, while ensuring that the public land is maintained for the people of Hawaii."
The legislature finds that Act 55 has engendered significant public concern and scrutiny due in part to the fact that projects undertaken pursuant to Act 55 are exempt from state and county laws regarding land use, zoning, and construction standards for subdivisions, development, and improvement of land. In addition, concerns have been raised regarding inadequate notice given to the public to testify on the exemption provisions. The exemptions, coupled with the manner in which Act 55 was passed, have led to distrust and uncertainty of the corporation's intentions and development plans. Despite efforts to allay concerns, many individuals and organizations, particularly environmental and Native Hawaiian organizations, have expressed support for legislation to repeal Act 55.
The legislature further finds that the implementation of Act 55 falls short of "ensuring that the public land is maintained for the people of Hawaii." The intent of the legislature is to ensure that the public lands of Hawaii are used and administered in an equitable and transparent manner that should not necessarily be relegated to administrative decision-making or rule making on an ad hoc basis. While the optimization of the use of public lands is a meritorious goal with the potential to significantly benefit the people of Hawaii, the means of achieving this goal requires a greater respect for existing laws and procedures and greater assurance that the corporation is the vehicle that will produce economic, environmental, and social benefit for the people of Hawaii.
The purpose of this Act is to repeal chapter 171C, Hawaii Revised Statutes, the public land development corporation.
SECTION 2. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows:
"§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority may:
(1) Sue and be sued;
(2) Have a seal and alter the same at pleasure;
(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
(4) Make and alter bylaws for its organization and internal management;
(5) Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;
(6) Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;
(7) Prepare or cause to be prepared a community development plan for all designated community development districts;
(8) Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;
(9) Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;
(10) By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project which the authority has theretofore sold or otherwise conveyed, transferred, or disposed of;
(11) Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;
(12) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on such terms and conditions as it deems advisable;
(13) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;
(14) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
(15) Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;
(16) Contract for and accept gifts or grants in any form from any public agency or from any other source;
(17) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; and
(18) Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction; provided that the authority shall not permit any person to make cash payments in lieu of providing reserved housing, except to account for any fractional unit that results after calculating the percentage requirement against residential floor space or total number of units developed. The substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site. The authority shall establish the following priority in the development of reserved housing:
(A) Within the community development district;
(B) Within areas immediately surrounding the community development district;
(C) Areas within the central urban core;
(D) In outlying areas within the same island as the development project.
The Hawaii community development authority
shall adopt rules relating to the approval of reserved housing that are
developed outside of a community development district. The rules shall
include, but are not limited to, the establishment of guidelines to ensure
compliance with the above priorities[; and
(19) Assist the public land development
corporation established by section 171C-3 in identifying public lands that may
be suitable for development, carrying on marketing analysis to determine the
best revenue-generating programs for the public lands identified, entering into
public-private agreements to appropriately develop the public lands identified,
and providing the leadership for the development, financing, improvement, or
enhancement of the selected development opportunities; provided that no
assistance shall be provided unless the authority authorizes the assistance]."
SECTION 3. Chapter 171C, Hawaii Revised Statutes, is repealed.
SECTION 4. (a) Any funds appropriated to the department of land and natural resources pursuant to Act 55, Session Laws of Hawaii 2011, that are unexpended and unencumbered as of the effective date of this Act shall be deposited into the land conservation fund established pursuant to section 173A-5, Hawaii Revised Statutes, on the effective date of this Act.
(b) The planner and project-related development specialist hired for purposes of Act 55, Session Laws of Hawaii 2011, shall be transferred to the department of land and natural resources without loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. 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:
Repeals chapter 171C, HRS, relating to the public land development corporation. Repeals requirement that Hawaii community development authority assist the public land development corporation in certain specified areas.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
