Bill Text: HI HB1249 | 2014 | Regular Session | Amended
Bill Title: Hawaii Community Development District; DLNR; Appropriation ($)
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB1249 Detail]
Download: Hawaii-2014-HB1249-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1249 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII COMMUNITY DEVELOPMENT DISTRICT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 206, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Hawaii COMMUNITY DEVELOPMENT DISTRICT
§206- Hawaii community development district; purpose. The legislature finds and declares that, as a matter of public policy, the enhancement, restoration, rehabilitation, perpetuation, and use of the buildings, structures, land, and shoreline within the Hawaii community development district are required to maintain the historical, commercial, cultural, and recreational significance of the Hawaii community development district, which provides economic, financial, and social benefits to the island of Hawaii and the State.
The legislature further finds that:
(1) The Banyan Drive area of the island of Hawaii contains about eighty-five per cent of the overnight visitor accommodations in east Hawaii;
(2) The State of Hawaii owns virtually the entire Banyan Drive area; and
(5) The State has a responsibility to ensure that the Banyan Drive area does not deteriorate and have a harmful impact on the economy of the community as a whole.
The purpose of this Act is to establish the Hawaii community development district where hotel, resort, commercial, residential, and public uses may coexist compatibly within the same area and the Hawaii community development board to advise the department of land and natural resources on the restoration and management of that area.
§206- Hawaii community development board. (a) There is established a Hawaii community development board, which shall be the designated agency of the State to implement this part, notwithstanding any other provision in this chapter to the contrary. The board shall be attached to the department of land and natural resources for administrative purposes.
(b) The board shall be a policy-making board for the Hawaii community development district and shall consist of nine members as follows:
(1) The chairperson of the board of directors of the Hawaii tourism authority, or the chairperson's designated representative, who shall be an ex-officio, voting member;
(2) The director of business, economic development, and tourism, or the director's designated representative, who shall be an ex officio, voting member;
(3) The chairperson of the board of land and natural resources, or the chairperson's designated representative, who shall be an ex officio, voting member;
(5) The director of planning of the county of Hawaii, or the director's designated representative, who shall be an ex officio, voting member; and
(6) Five public, voting members appointed by the governor pursuant to section 26-34 from a list of ten names submitted for appointment by the mayor of the county of Hawaii; provided that after the initial appointment, if a vacancy occurs in any public, voting position for which the member was selected from a list of recommendations submitted by the mayor, the governor shall fill the vacancy from a list of three recommendations made by the mayor of the county of Hawaii. The five public, voting members shall be residents of east Hawaii and shall be selected on the basis of their knowledge, experience, and expertise in visitor industry management, small and large businesses, economics, banking, real estate, finance, marketing, and management; provided further that at least one member shall be an owner or active manager of a business located within the physical boundaries of the Hawaii community development district.
(c) The board shall elect its chairperson from among its public, voting members.
(d) The members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.
(e) The department of land and natural resources shall appoint staff as necessary to support the functions of the board. All staff shall be exempt from chapter 76.
(f) The board shall be responsible for the development of recommendations regarding community development policies, the district improvement program, and the development guidelines for the Hawaii community development district.
(g) As used in this part, "east Hawaii" means the districts of Puna, south Hilo, north Hilo, and Hamakua, as described by the tax key zones for the island of Hawaii.
§206- Powers and duties of the board; generally. Notwithstanding any provision of this chapter to the contrary, the Hawaii community development board may:
(1) Recommend to the appropriate authorities cost-effective mechanisms, legislation, and policies to prevent deterioration of existing facilities and provide leadership for the development and enhancement of the district;
(2) Provide estimates of fiscal impact and financing options for different development opportunities;
(3) Determine underutilization patterns for the current district and identify potential opportunities for redevelopment;
(4) Participate and cooperate in planning processes or infrastructure projects undertaken by the county that impact adjacent or associated lands within the district;
(5) Participate in the planning of a district-wide improvement program for necessary district-wide public facilities within the district;
(6) Identify public lands that may be suitable for development, including through market analysis to determine the best revenue generating programs for the public lands identified within the district; and
(7) Prepare or cause to be prepared a community development plan for the district.
§206- Hawaii community development district; boundaries. The Hawaii community development district is established. The district shall include the area bounded by the shoreline from the intersection of Lihiwai street and Kamehameha avenue; Kamehameha avenue to its intersection with Kalanianaole avenue; Kalanianaole avenue to Huipu street; Huipu street to its intersection with Ocean View drive; the north end of Ocean View drive right to the end of Ocean View drive; the end of Ocean View drive to the shoreline; and the shoreline to the intersection of Lihiwai street and Kamehameha avenue.
§206- Development guidance policies; plan. (a) The following shall be the development guidance policies generally governing the Hawaii community development board's action in the Hawaii community development district:
(1) Development shall result in a community which permits an appropriate land mixture of hotel and resort, commercial, residential, and public uses;
(2) The board may engage in planning and establishing design guidelines relating to infrastructure development and other activities the board determines is necessary to carry out the redevelopment of the district;
(3) The board may conduct studies in conjunction with county and state agencies necessary to determine the appropriate activities for development in the district;
(4) Land use and redevelopment activities within the district shall be coordinated with and, to the extent possible, complement existing county and state policies, plans, and programs affecting the district; and
(5) Public facilities within the district shall be planned, located, and developed to support the redevelopment policies established by this part for the district.
(b) The board shall develop and adopt a community development plan, which shall supersede all other inconsistent ordinances and rules relating to the use, planning, development, and construction on the land in the Hawaii community development district. The community development plan shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards of good design, pleasant amenities, health, safety, and coordinated development.
§206- Annual report to the legislature. The Hawaii community development board shall submit an annual report of its activities and proposals for recommended legislation to the legislature no later than twenty days prior to the convening of each regular session."
SECTION 2. 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 2013-2014 to carry out the purposes of this Act.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 3. This Act shall take effect on July 1, 2013.
Report Title:
Hawaii Community Development District; DLNR; Appropriation
Description:
Establishes Hawaii Community Development Board to advise the DLNR on matters related to the restoration and management of the Hawaii Community Development District in East Hawaii. Makes an appropriation to be expended by DLNR. Effective July 1, 2013. (HB1249 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
