Bill Text: HI SB176 | 2021 | Regular Session | Amended

Hawaii Senate Bill 176 (Prior Session Legislation)

Bill Title: Relating To Public Lands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2021-03-11 - Referred to WAL, CPC, JHA, FIN, referral sheet 22 [SB176 Detail]

Download: Hawaii-2021-SB176-Amended.html

THE SENATE	S.B. NO.	176
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to public lands.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. Section 171-136, Hawaii Revised Statutes, is amended to read as follows:

"§171-136 Disposition of public lands within industrial park. The board shall dispose of economic units within an industrial park only by lease to eligible lessees or lessees engaged in commercial uses as provided under paragraph (1)(B). The leases shall be issued by the board in accordance with this chapter, subject to the following:

(1) Only industrial uses shall be allowed on the public lands leased; provided that:

(A) The eligible lessee may be allowed to engage in nonindustrial uses and activities ancillary and necessary to the eligible lessee's industrial use; and

(B) The board may lease public lands within the industrial park for commercial uses if the uses are necessary or desirable to serve other lessees in the industrial park or their employees;

(2) Each eligible lessee shall be subject to a development plan formulated pursuant to section 171-41 and make the improvements to the leased public lands required under the development plan; [~~and~~]

(3) Each eligible lessee shall pay all assessments for improvements of infrastructure or other public or common facilities within the industrial park, if the board requires the improvements or assessments as conditions of the lease[.]; and

(4) Each industrial park lease shall include a rent escalation clause that specifies that increases in rental rates for a five-year period shall not exceed the lesser of:

(A) The percentage specified in the Consumer Price Index; or

(B) Ten per cent."

PART II

SECTION 2. The legislature finds that in 2020, state revenues declined dramatically due to the coronavirus disease 2019 pandemic. The governor acknowledged that state employees could face furloughs as efforts to balance the State's budget and manage a projected $1,400,000,000 shortfall over each of the next four years continued to evolve. It is timely, therefore, that the legislature consider revenue-generating proposals to help balance the state budget.

The purpose of this part is to generate state revenues by authorizing the board of land and natural resources to sell Sand Island industrial park parcels to a lessee under a master lease who has expressed a strong interest in purchasing the fee interest in those leasehold lots.

SECTION 3. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

"§171- Sale of public lands within industrial park to existing lessees. Notwithstanding the provisions of section 171-136, or any other provision to the contrary, the board may sell the fee simple interest in each parcel of industrial park land to the lessee of that parcel under an existing lease. Revenues generated by the sale of fee simple interests in industrial park lands shall be distributed in equal amounts to the general fund and the special land and development fund."

SECTION 4. The board of land and natural resources shall submit a report on its progress in selling industrial park lands to lessees under existing leases, to the legislature no later than twenty days prior to the convening of the regular session of 2022.

PART III

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

Report Title:

BLNR; Sand Island Industrial Park; Sale Under Master Lease; Rent Escalation

Description:

Provides that each industrial park lease shall include a rent escalation clause that specifies that increases in rental rates for a 5-year period shall not exceed the lower of the percentage specified in the Consumer Price Index or 10%. Authorizes the Board of Land and Natural Resources to sell parcels of Sand Island Industrial Park to a lessee under a master lease. Effective 7/1/2050. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.