Hawaii-2016-HB333-Introduced

SECTION 1. Act 61, Session Laws of Hawaii 2014, was enacted to reform the notice, hearing, approval, and vesting rights for development permits. Act 61 also amended the membership of, and appointment process for, the Hawaii community development authority.

The legislature intended for the terms of office of each existing member of the Hawaii community development authority in office as of the day before the effective date of Act 61 to terminate on March 1, 2015. However, because new members must be appointed from lists submitted by the speaker of the house of representatives, the president of the senate, and the Honolulu city council, and also confirmed by the senate, it is unclear whether the authority will be fully constituted to act on proceedings that had commenced in 2013. Pursuant to section 91-13.5(c), Hawaii Revised Statutes, "issuing agencies shall take action to grant or deny any application for a business or development-related permit, license, or approval within the established maximum period of time, or the application shall be deemed approved; provided that a delay in granting or denying an application caused by the lack of quorum at a regular meeting of the issuing agency shall not result in approval under this subsection; provided further that any subsequent lack of quorum at a regular meeting of the issuing agency that delays the same matter shall not give cause for further extension, unless an extension is agreed to by all parties."

According to the Hawaii community development authority, the following six projects, which have applications before the authority, could be automatically approved pursuant to section 91-13.5(c), Hawaii Revised Statutes, if any delay in the appointment and confirmation of members repeatedly prevents the Hawaii community development authority from conducting business due to a lack of quorum:

(1) Ward Village land block 2, project 2: Referred to as the "gateway development" with two iconic residential towers and a total of two hundred thirty-six new housing units at the Ward Warehouse site, including a water feature and green space/public plaza connecting the nearby Kakaako rail station to the ocean at Kewalo Basin Harbor. The permit application was received and deemed complete on August 6, 2014;

(2) Ward Village land block 1, project 2: Proposed by Whole Foods Market, the project comprises a residential tower at the former Nordstrom Rack/Office Depot parking lot site behind the Ward theaters. The permit application was received and deemed complete on September 15, 2014;

(3) Vida (Kobayashi/MacNaughton): Luxury residential tower proposed at 888 Ala Moana Boulevard (Kamehameha Schools Land Block 1), where the Cutter auto dealership is currently located. It is part of the Kamehameha Schools Master Plan, which is vested under the 2005 rules that were applicable to the Howard Hughes/Ward Village Master Plan;

(4) Artspace: Eighty-four affordable rental units for artists earning at or below thirty per cent of the average median income, built on the Hawaii community development authority's lot behind the Pacifica on Waimanu Street;

(5) Cooke Street Micro-units: Fifty to seventy affordable micro-units to be built on the Hawaii community development authority's parking lot near Karen's Kitchen; and

(6) B.I.G. Ward Village: This residential tower would be built behind Marukai, where the warehouses are currently located next to the Ward Village theater parking structure.

The legislature finds that Act 61 was not intended to allow applications pending before the Hawaii community development authority to be automatically approved due to the transition of its membership.

Accordingly, the purpose of this Act is to extend the termination date of authority members in office at the time Act 61 was enacted from March 1, 2015, to the adjournment sine die of the 2015 regular session of the legislature. This will ensure that the Hawaii community development authority will be able to act on applications and conduct business while the authority transitions in accordance with Act 61.

SECTION 2. Act 61, Session Laws of Hawaii 2014, is amended by amending section 13 to read as follows:

"SECTION 13. The term of office of each existing member of the Hawaii community development authority in office as of the day before the effective date of this Act shall terminate [~~on March 1, 2015.~~] upon the adjournment sine die of the 2015 regular session of the legislature. The nomination and appointment of successor members of the authority pursuant to section 3 of this Act shall not cause the term of office of any existing member to terminate before that date, regardless of the date of the successor member's appointment by and with the advice and consent of the senate.

No existing member of the authority as it is constituted on the day prior to the effective date of this Act shall serve as a holdover member due to a vacancy as of [~~March 1, 2015,~~] the adjournment sine die of the 2015 regular session of the legislature, in the membership of the authority as it is constituted by section 3 of this Act; provided that a new term of office for the director of transportation, director of finance, county directors of planning and permitting, and chairperson of the Hawaiian homes commission, or their respective designees, shall automatically commence on [~~March 1, 2015,~~] the adjournment sine die of the 2015 regular session of the legislature, pursuant to section 3 of this Act.

The nomination and appointment by and with the advice and consent of the senate of members of the Hawaii community development authority pursuant to section 3 of this Act shall take place as expeditiously as possible so that, to the extent possible, there are no vacancies in the membership of the authority as of [~~March 1, 2015.~~] the adjournment sine die of the 2015 regular session of the legislature. The speaker of the house of representatives, president of the senate, and applicable county council shall each submit lists of three nominees for each appointment subject to their respective nominating authority, as required by section 3 of this Act, no later than December 30, 2014. The governor shall make all appointments of members of the authority, including from each of the lists submitted, no later than January 29, 2015."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	333
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII