Bill Text: HI HB328 | 2019 | Regular Session | Introduced
Bill Title: Relating To Transit-oriented Development Zones.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to TRN/HSG, WLH, FIN, referral sheet 3 [HB328 Detail]
Download: Hawaii-2019-HB328-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
328 |
|
THIRTIETH LEGISLATURE, 2019 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TRANSIT-ORIENTED DEVELOPMENT ZONES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the construction and installation of certain public facilities are necessary and desirable to facilitate the renewal and redevelopment of areas proximate to proposed fixed rail transit stations. Transit-oriented development is a powerful tool that can ultimately deliver a wide range of social, environmental, and economic benefits. Transit-oriented development promotes development patterns that support quality of life, preserve the natural environment, provide a range of housing choices for residents, and encourage walking, biking, and use of mass transit.
The State plays an important role in overcoming barriers to transit-oriented development, including encouraging needed investments in regional public facilities, such as roads, sewers, and drainage systems. This Act is intended to move current transit-oriented development planning efforts forward into structures that benefit the community.
The purpose of this Act is to establish a
transit-oriented development infrastructure improvement zone program to foster
community development by strategically investing in public facilities under the
Hawaii community development authority.
SECTION 2. Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§201H- Transit-oriented development
infrastructure improvement zone subaccounts. (a)
At the request of the Hawaii community development authority, the
corporation may establish and operate a transit-oriented development infrastructure
improvement zone subaccount within the dwelling unit revolving fund established
pursuant to section 201H-191 for the benefit of infrastructure improvement projects
within a transit-oriented development infrastructure improvement zone.
(b) Each transit-oriented development
infrastructure improvement zone subaccount shall consist of the following
sources of revenue:
(1) Moneys received
by the corporation from counties for the repayment of the loan principal and
the payment of simple interest from various assessments or fees from special
improvement districts, improvement districts, tax increment financing
districts, community facilities districts, and other areas where property value
increases are captured over periods of time for the purposes of transit-oriented
development infrastructure improvement zone financing;
(2) Appropriations
from the legislature;
(3) Federal grants
and subsidies to the State or counties;
(4) Private
investments; and
(5) Voluntary
contributions.
(c) The corporation shall expend revenues in the
subaccounts to make grants and loans to state agencies or counties and loans to
private developers for the costs, in whole or in part, of improvements in transit-oriented
development infrastructure improvement zones that would increase the capacity
of the infrastructure facilities, including regional sewer systems, water
systems, drainage systems, roads, and telecommunications and broadband.
Grants and loans may be made only
for capital improvement projects approved by the Hawaii community development
authority and the respective county council and mayor, or state agency, as
applicable, with a view toward the development or renewal and redevelopment of
areas proximate to proposed fixed rail transit stations.
(d) Eligible costs shall include those for
planning, design, feasibility studies, construction, and materials. No grant or loan shall be made:
(1) For maintenance
or repair costs unless the construction would simultaneously increase the
carrying capacity of the infrastructure facility; or
(2) Solely for mass
transit or electrical utilities.
The corporation may also expend
revenues in the subaccounts to repay private investors for their investment
plus any interest accrued on their investments made into the subaccounts to finance,
in whole or in part, improvements in transit-oriented development
infrastructure improvement zones that would facilitate the renewal and
redevelopment of areas proximate to proposed fixed rail transit stations.
(e) The corporation may accept improved land from
the Hawaii community development authority, counties, or private developers in
repayment of their loans.
(f) The corporation shall adopt rules in
accordance with chapter 91 for the purposes of this section.
(g) For purposes of this section, "transit-oriented
development infrastructure improvement zone" shall have the same meaning
as in section 206E-2."
SECTION 3. Section 201H-191, Hawaii Revised Statutes, is amended to read as follows:
"§201H-191 Dwelling unit revolving fund. (a)
There is created a dwelling unit revolving fund. The funds appropriated for the purpose of the
dwelling unit revolving fund and all moneys received or collected by the
corporation for the purpose of the revolving fund shall be deposited in the
revolving fund. The proceeds in the
revolving fund shall be used [to]:
(1) To
reimburse the general fund to pay the interest on general obligation bonds
issued for the purposes of the revolving fund, [for] as applicable;
(2) For the
necessary expenses in administering housing development programs [and],
regional state infrastructure programs, and [for] the transit-oriented
development infrastructure improvement zone program under section 206E-6;
(3) For
carrying out the purposes of housing development programs [and regional
state infrastructure programs, including but not limited to the expansion of
community facilities and regional state infrastructure constructed in
conjunction with housing and mixed-use transit-oriented development projects],
including permanent primary or secondary financing, and supplementing
building costs, federal guarantees required for operational losses, and all
things required by any federal agency in the construction and receipt of
federal funds or low-income housing tax credits for housing project[.];
(4) For carrying out the purposes of regional state infrastructure programs, including the expansion of community facilities and regional state infrastructure constructed in conjunction with housing and mixed-use transit-oriented development projects; and
(5) For carrying
out the purposes of transit-oriented development infrastructure improvement
zone program projects in a transit-oriented development zone.
(b)
Subject to the requirements of subsection (a), proceeds in the revolving
fund may be used to establish and operate regional state infrastructure subaccounts
pursuant to section 201H-191.5[.] and transit-oriented development
infrastructure improvement zone subaccounts pursuant to section
201H- .
(c) For purposes of this section, "transit-oriented development infrastructure improvement zone" shall have the same meaning as in section 206E-2."
SECTION 4. Section 206E-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Transit-oriented
development infrastructure improvement zone" means the parcels of land:
(1) Containing infrastructure;
(2) Located in a county's transit-oriented
development zone within a one-half mile radius around a proposed or existing
fixed transit station; and
(3) Determined by the authority by taking into
account proximity, walkability, adopted county plans, and other relevant
factors, including surrounding regional infrastructure."
SECTION 5. Section 206E-3, Hawaii Revised Statutes, is amended to read as follows:
"§206E-3 Hawaii community development authority; established. (a) There is established the Hawaii community development authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The authority shall be placed within the department of business, economic development, and tourism for administrative purposes.
(b) The authority shall consist of the following members:
(1) The director
of finance or the director's designee; [the]
(2) The director
of transportation or the director's designee; [a]
(3) A cultural
specialist; [an]
(4) An at-large
member; [an]
(5) An at-large
member nominated by the senate president; [an]
(6) An at-large
member nominated by the speaker of the house; [three]
(7) Three
representatives of the Heeia community development district, [comprising two]
which shall consist of the following:
(A) Two
residents of that district or the Koolaupoko district, which consists of
sections 1 through 9 of zone 4 of the first tax map key division[,];
and [one]
(B) One owner of a small business or one officer or director of a nonprofit organization in the Heeia community development district or Koolaupoko district,
nominated by the county council
of the county in which the Heeia community development district is located; [three]
(8) Three representatives
of the Kalaeloa community development district, [comprising two] which
shall consist of the following:
(A) Two
residents of the Ewa zone (zone 9, sections 1 through 2) or the Waianae zone
(zone 8, sections 1 through 9) of the first tax map key division[,];
and [one]
(B) One owner of a small business or one officer or director of a nonprofit organization in the Ewa or Waianae zone,
nominated by the county council
of the county in which the Kalaeloa community development district is located; [three]
(9) Three
representatives of the Kakaako community development district, [comprising
two] which shall consist of the following:
(A) Two
residents of the district; and [one]
(B) One owner of a small business or one officer or director of a nonprofit organization in the district,
nominated by the county council
of the county in which the Kakaako community development district is located;
[the]
(10) The
director of planning and permitting of each county in which a community
development district is located or the director's designee, who shall serve in
an ex officio, nonvoting capacity[;] on all matters except matters
affecting transit-oriented development infrastructure improvement zones
pursuant to subsection (c)(4); and [the]
(11) The chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity.
All members, except the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their designees, shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the senate president and speaker of the house and the nine representatives of the respective community development districts shall each be appointed by the governor from a list of three nominees submitted for each position by the nominating authority specified in this subsection.
(c) The authority shall be organized and shall exercise jurisdiction as follows:
(1) For matters affecting the Heeia community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:
(A) The director of finance or the director's designee;
(B) The director of transportation or the director's designee;
(C) The cultural specialist;
(D) The three at-large members; and
(E) The three representatives of the Heeia community development district;
provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority;
(2) For matters affecting the Kalaeloa community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:
(A) The director of finance or the director's designee;
(B) The director of transportation or the director's designee;
(C) The cultural specialist;
(D) The three at-large members; and
(E) The three representatives of the Kalaeloa community development district;
provided that the director of planning and permitting of the relevant county and the chairperson of the Hawaiian homes commission, or their respective designees, shall participate in these matters as ex officio, nonvoting members and shall not be considered in determining quorum and majority;
(3) For matters affecting the Kakaako community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:
(A) The director of finance or the director's designee;
(B) The director of transportation or the director's designee;
(C) The cultural specialist;
(D) The three at-large members; and
(E) The three representatives of the Kakaako community development district;
provided that the director of
planning and permitting of the relevant county or the director's designee shall
participate in these matters as an ex officio, nonvoting member and shall not
be considered in determining quorum and majority[.]; and
(4) For matters
affecting transit-oriented development infrastructure improvement zones,
including the creation of transit-oriented development infrastructure
improvement zones, the following members or individuals shall be considered in
determining quorum and majority and shall be eligible to vote:
(A) The
director of finance or the director's designee;
(B) The
director of transportation or the director's designee;
(C) The
director of planning and permitting of the relevant county or the
director's designee;
(D) The
cultural specialist;
(E) The
three at-large members serving pursuant to subsection (b)(4) through (6);
(F) The
director of the office of planning or the director's designee, who shall serve
in an ex officio capacity; and
(G) The
executive director of the Hawaii housing finance and development corporation or
the executive director's designee, who shall serve in an ex officio capacity.
(d) [In the event of] If
a vacancy[,] occurs, a member shall be appointed to fill the
vacancy in the same manner as the original appointment within thirty days of the
vacancy or within ten days of the senate's rejection of a previous appointment,
as applicable.
The terms of the director of finance, director of
transportation, director of the office of planning, executive director of
the Hawaii housing finance and development corporation, county directors of
planning and permitting, and chairperson of the Hawaiian homes commission or
their respective designees shall run concurrently with each official's term of
office. The terms of the appointed
voting members shall be for four years, commencing on July 1 and expiring
on June 30; provided that the initial terms of all voting members
initially appointed pursuant to Act 61, Session Laws of Hawaii 2014, shall
commence on March 1, 2015. The
governor shall provide for staggered terms of the initially appointed voting
members so that the initial terms of four members selected by lot shall be for
two years, the initial terms of four members selected by lot shall be for three
years, and the initial terms of the remaining five members shall be for four
years.
The governor may remove or suspend for cause any member after due notice and public hearing.
(e) Notwithstanding
section 92-15, a majority of all eligible voting members as specified in this [subsection]
section shall constitute a quorum to do business, and the concurrence of
a majority of all eligible voting members as specified in this [subsection]
section shall be necessary to make any action of the authority
valid. All members shall continue in
office until their respective successors have been appointed and
qualified. Except as herein provided, no
member appointed under this [subsection] section shall be an
officer or employee of the State or its political subdivisions.
(f) For purposes of this section, "small business"
means a business [which] that is independently owned and [which]
is not dominant in its field of operation.
[(c)] (g) The authority shall appoint the executive
director who shall be the chief executive officer. The authority shall set the salary of the
executive director, who shall serve at the pleasure of the authority and shall
be exempt from chapter 76.
[(d)] (h) The authority shall annually elect the
chairperson and vice chairperson from among its members.
[(e)] (i) The members of the authority appointed under
subsection (b) shall serve without compensation, but each shall be reimbursed
for expenses, including travel expenses, incurred in the performance of their
duties."
SECTION 6. Section 206E-6, Hawaii Revised Statutes, is amended as follows:
1. By amending its title and subsections (a) and (b) to read:
"§206E-6 District-wide improvement program[.];
transit-oriented development infrastructure improvement zone program. (a)
The authority shall develop a district-wide improvement program and a
transit-oriented development infrastructure improvement zone program to
identify necessary district-wide and transit-oriented development
infrastructure improvement zone public facilities within a community
development district[.] or transit-oriented development
infrastructure improvement zone.
(b)
Whenever the authority shall determine to undertake, or cause to be
undertaken, any public facility as part of the district-wide improvement
program[,] or transit-oriented development infrastructure improvement
zone program, the cost of providing the public facilities shall be assessed
against the real property in the community development district specially
benefiting from [such] these public facilities. The authority shall determine the areas of the
community development district [which] or transit-oriented
development infrastructure improvement zone that will benefit from the
public facilities to be undertaken and, if less than the entire community
development district or transit-oriented development infrastructure
improvement zone benefits, the authority may establish assessment areas
within the community development district[.] or transit-oriented
development infrastructure improvement zone. The authority may issue and sell bonds in [such]
amounts as may be authorized by the legislature to provide funds to finance [such]
these public facilities. The
authority shall fix the assessments against real property specially
benefited. All assessments made pursuant
to this section shall be a statutory lien against each lot or parcel of land
assessed from the date of the notice declaring the assessment until paid and [such]
the lien shall have priority over all other liens except the lien of
property taxes. As between liens of
assessments, the earlier lien shall be superior to the later lien."
2. By amending subsection (i) to read:
"(i) Notwithstanding any law to the contrary,
whenever as part of a district-wide improvement program or transit-oriented
development infrastructure improvement zone program it becomes necessary to
remove, relocate, replace, or reconstruct public utility facilities, the
authority shall establish by rule the allocation of cost between the authority,
the affected public utilities, and properties that may specially benefit from [such]
the improvement, if any. In
determining the allocation of cost, the authority shall consider the cost
allocation policies for improvement districts established by the county in
which the removal, relocation, replacement, or reconstruction is to take
place."
SECTION 7. (a) The Hawaii community development authority
shall establish a transit-oriented development infrastructure improvement zone
that includes the Aloha Stadium transit station.
(b)
The executive director of the Hawaii housing finance and development
corporation, in collaboration with the executive director of the Hawaii
community development authority, and the Hawaii interagency council for
transit-oriented development, shall conduct a study examining the current
infrastructure of the transit-oriented development infrastructure improvement
zone established by the Hawaii community development authority pursuant to
subsection (a) and the requirements necessary to upgrade the infrastructure to
facilitate future transit-oriented development.
The study shall:
(1) Include recommendations and a general implementation plan for improving the infrastructure in the transit-oriented development infrastructure improvement zone; and
(2) Be conducted in coordination with and build upon:
(A) Any ongoing or recently completed study on behalf of the Hawaii interagency council for transit-oriented development or the state office of planning that is assessing or has assessed infrastructure needs in the state transient-oriented development priority areas; and
(B) The ongoing infrastructure planning of the city and county of Honolulu.
(c)
The executive director of the Hawaii housing finance and development
corporation, in collaboration with the executive director of the Hawaii
community development authority and the Hawaii interagency council for
transit-oriented development, shall submit a report of the findings and
recommendations of the infrastructure study, including any proposed
legislation, to the legislature no later than twenty days prior to the
convening of the regular session of 2020.
SECTION 8. 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 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the hiring of one temporary full-time equivalent (1.0 FTE) position in the Hawaii community development authority to maintain the staff necessary to develop and manage the transit-oriented development infrastructure improvement zone program.
The sums appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2019.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Transit-oriented
Development Infrastructure Improvement Zones; Public Facilities; HCDA; Dwelling
Unit Revolving Fund; HHFDC; Study; Appropriation
Description:
Authorizes the Hawaii Housing Finance and Development Corporation (HHFDC), at the request of the Hawaii Community Development Authority (HCDA), to establish and operate transit-oriented development infrastructure improvement zone subaccounts within the dwelling unit revolving fund for the benefit of infrastructure improvement projects within a transit-oriented development infrastructure improvement zone. Requires HCDA to develop a transit-oriented development infrastructure improvement zone program to foster infrastructure development by strategically investing in public facilities. Requires the executive director of HHFDC in collaboration with the executive director of HCDA and Hawaii interagency council for transit-oriented development to conduct a study examining the current infrastructure of a transit-oriented development infrastructure improvement zone and the requirements necessary to upgrade the infrastructure to facilitate future transit-oriented development. Appropriates funds to HCDA for staff necessary to develop and manage the transit-oriented development infrastructure improvement zone program.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
