Bill Text: HI HB2819 | 2012 | Regular Session | Amended

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Bill Title: Hawaii Community Development Authority; Kakaako Community Development District; Residential Development Exemption

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Enrolled - Dead) 2012-04-27 - (H) Received notice of change in Senate conferees (Sen. Com. No. 826). [HB2819 Detail]

Download: Hawaii-2012-HB2819-Amended.html

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STAND. COM. REP. NO. 3324

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2819

       H.D. 1

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committees on Judiciary and Labor and Ways and Means, to which was referred H.B. No. 2819, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Limit the prohibition on the sale or assigning of the fee simple interest of certain lands in the Kakaako Community Development District to the makai lands in the Kakaako Community Development District;

 

     (2)  Require the Hawaii Community Development Authority to determine the costs and benefits of selling and purchasing certain properties, excluding makai lands, within the Kakaako Community Development District; and

 

     (3)  Require the Hawaii Community Development Authority to submit a report to the Legislature no later than ninety days after the effective date of this measure.

 

     Your Committees received testimony in opposition to this measure from one private individual.  The Hawaii Community Development Authority submitted comments.

 

     Your Committees find that the Hawaii Community Development Authority is able to purchase and hold title to lands subject to availability of funding without any legislative action.  However, legislative approval is required prior to any sale of land owned by or under the control of the State.  Situations within the Kakaako Community Development District have arisen where it may have been profitable or beneficial to the Authority to expedite real property transactions.  Thus, your Committees find it necessary to be informed of the costs and benefits of the selling and purchasing of various properties within the district.

 

     Your Committees further find that S.B. No. 2783, Regular Session of 2012, recently passed the Legislature. S.B. No. 2783 resolves all claims the Office of Hawaiian Affairs has asserted or raised, or could assert or raise, relating to the Office of Hawaiian Affairs' portion of income and proceeds from public land trust lands from November 7, 1978, up to and including June 30, 2012, and fulfills constitutional obligations to native Hawaiians by providing fee simple title to certain parcels of land situated in Kakaako makai to the Office of Hawaiian Affairs.  These identified lands within Kakaako makai will provide a revenue stream to fund the Office of Hawaiian Affairs' services to its beneficiaries.  As a result, your Committees believe that additional mechanisms are necessary to ensure that sufficient revenue may be derived from these lands.

 

     Accordingly, your Committees have amended this measure by:

 

     (1)  Amending section 206E-31.5(2), Hawaii Revised Statutes, which prohibits the Hawaii Community Development Authority from approving any plan or proposal for any residential development in that portion of the Kakaako Community Development District makai of Ala Moana Boulevard and between Kewalo Basin and the foreign trade zone, to exempt certain parcels from the prohibition; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2819, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 2819, H.D. 1, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Ways and Means,

 

____________________________ DAVID Y. IGE, Chair		____________________________ CLAYTON HEE, Chair