THE SENATE	S.B. NO.	2744
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

 

 

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

 

     SECTION 1.  Pursuant to chapter 206E, Hawaii Revised Statutes, the Hawaii community development authority is tasked with the redevelopment responsibilities for legislatively created community development districts.  The legislature has designated three community development districts:  Kakaako, Kalaeloa, and Heeia.

     Currently, section 206E-14, Hawaii Revised Statutes, allows the authority to sell or lease for a term not exceeding sixty-five years, all or any portion of its real or personal property constituting a redevelopment project if the authority finds that the sale or lease is in conformity with the community development plan.  As defined in section 206E-2, Hawaii Revised Statutes, a redevelopment project may only be incidental in its commercial nature.  The authority has found that this limitation adversely impacts its ability to attract long-term investors and tenants who seek to develop or redevelop primarily commercial projects within the community development districts.  This conflicts with the authority's commitment to implement longer lasting change in its community development districts.  The authority therefore seeks to extend the application of section 206E-14 to all projects as the term is defined in section 206E-2, Hawaii Revised Statutes, and not just redevelopment projects.

     In addition, although section 206E-14 provides that a sale may be made without recourse to public auction, the section is silent as to whether a lease may be made without recourse to public notice for sealed bids.  The authority therefore seeks to clarify that a lease under section 206E-14 may be made without recourse to public notice for sealed bids.

     This amendment will allow the authority greater flexibility in implementing its master plan for its community development districts.  Safeguards remain in place because all long-term leases require prior approval by the authority at a publicly noticed meeting and after opportunity for public comment.

     SECTION 2.  Section 206E-14, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

     "§206E-14  Sale or lease of [redevelopment] projects.  (a)  [The] Notwithstanding any other law, except as prohibited by section 206E-31.5, the authority may, without recourse to public auction[,] or public notice for sealed bids, sell[,] or lease for a term not exceeding sixty-five years[,] all or any portion of the real or personal property constituting a [redevelopment] project to any person, upon such terms and conditions as may be approved by the authority, if the authority finds that the sale or lease is in conformity with the community development plan."

     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:	_____________________________
	BY REQUEST

 

 

Report Title:

Hawaii Community Development Authority; Projects

 

Description:

Extends the Hawaii Community Development Authority's authority to sell or lease all or a portion of the real or personal property constituting a redevelopment project to all projects.

 

 

 

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