Bill Text: HI HB1070 | 2021 | Regular Session | Amended
Bill Title: Relating To University Districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-16 - The committee(s) on WAL recommend(s) that the measure be deferred. [HB1070 Detail]
Download: Hawaii-2021-HB1070-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1070 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNIVERSITY DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
In addition to the University of Hawaiiꞌs educational functions, its campuses include a variety and mix of other uses that serve the university or college community and enhance the overall educational experience provided by a university or college. The legislature finds that these jurisdictional variations lead to inconsistent regulatory processes across campuses, which make it difficult to strategically consider the University of Hawaii system as a whole for the benefit of the people it serves.
The purpose of this Act is to provide a framework that supports consistent land use planning and development across the University of Hawaii system and allows project partnerships with qualified persons.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new subpart to part I to be appropriately designated and to read as follows:
" . UNIVERSITY DISTRICTS
§304A-A Definitions. As used in this subpart:
"Campus" means contiguous parcels of real property held by the university or in partnership with a qualified person and comprise the university campuses at Manoa, Hilo, and West Oahu, and each of the seven community colleges. Contiguous parcels include parcels separated by a public or private highway or trail.
"Conservation district" has the same meaning as provided in section 205-2.
"County" means any county of the State.
"Project" means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the university or in partnership with a qualified person.
"Public agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government.
"Qualified person" includes any individual, partnership, corporation, or any public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of a project and other qualifications as may be deemed desirable by the university in administering this subpart.
"Real property" means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights, and any and all other things and rights usually included within the term. Real property also means any and all interests in the property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages, or otherwise.
§304A-B Designation of university districts; campus development plans. (a) The president may propose to the board of regents that a campus be designated as a university district. The proposal shall describe the boundaries of the district. Upon receipt of a proposal, the board of regents may designate the proposed campus a university district.
(b) A university district shall not include real property that is:
(1) Not held by the university or in partnership with a qualified person; or
(2) Located within a conservation district.
(c) After designation as provided in subsection (a), the president shall develop a campus development plan for the designated university district. The campus development plan shall include but not be limited to campus development guidance policies and a campus capital improvement program. The development plan shall support the purposes of this chapter. The president shall present the proposed campus development plan to the board of regents for its consideration and adoption.
(d) Whenever possible, planning activities of the university shall be coordinated with affected public agencies, and consideration shall be given to state and county plans adopted under chapter 226.
(e) Chapter 91 shall not be applicable to the designation of a university district or the adoption of a campus development plan.
§304A-C Campus development rules. (a) After adoption of a campus development plan as provided under subsection 304A-B(c), the board of regents shall establish campus development rules under chapter 91, related to health, safety, building, planning, zoning, and land use. Rules adopted under this section shall follow existing county rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.
(b) At least one public hearing shall be held on the island where the proposed university district is located.
(c) Upon its effective date, campus development rules shall supersede all other county ordinances and rules relating to the use, zoning, planning, and development of land and construction that are inconsistent with this chapter and the campus development rules. Campus development rules shall not supersede or replace state laws or rules.
§304A-D Developments within special management areas and shoreline setback. (a) Notwithstanding chapter 205A, all requests for developments within a special management area and shoreline setback variances for developments on any lands within a university district for which a campus development plan has been adopted, shall be submitted to and reviewed by the lead agency as defined in section 205A-1. In university districts for which a campus development plan has not been adopted, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a campus development plan for the university district takes effect.
(b) In the review of such requests, the lead agency shall conform to the following, as deemed appropriate:
(1) Applicable county rules adopted in accordance with section 205A-26 for the review of developments within a special management area, except that section 205A-26(2)(C) shall not apply; and
(2) Part III of chapter 205A and applicable county rules for the review of developments within the shoreline setback."
SECTION 3. In codifying the new sections added by section 2 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 4. This Act shall take effect on July 1, 2060.
Report Title:
University of Hawaii; University Districts; Campus Development
Description:
Provides a framework that supports consistent land use planning and development across the University of Hawaii system through designation of university districts and allows project partnerships with qualified persons. Effective 7/1/2060. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
