Bill Text: HI SB2745 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Community Development.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-27 - Referred to EET/PSM/WTL, WAM/JDC. [SB2745 Detail]

Download: Hawaii-2020-SB2745-Introduced.html

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THE SENATE	S.B. NO.	2745
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to community development.

 

 

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

 

PART I

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

WEST OAHU COMMUNITY DEVELOPMENT AUTHORITY

PART i.  GENERAL PROVISIONS

     §   -1  Findings and purpose.  The legislature finds that many areas of the State, particularly in west Oahu, are substantially undeveloped, blighted, or economically depressed, and are or are potentially in need of renewal, renovation, or improvement to alleviate dilapidation, deterioration, age, and other factors or conditions that make these areas an economic or social liability.

     The legislature further finds that there exists within the State vast, unmet community development needs in west Oahu.  These include but are not limited to a lack of suitable affordable housing; insufficient commercial and industrial facilities for rent; residential areas that do not have facilities necessary for basic liveability, such as parks and open space; and areas that are planned for extensive land allocation to one use, rather than mixed uses.

     The legislature further determines that the lack of planning and coordination in such areas has given rise to these community development needs and that existing laws and public and private mechanisms have either proven incapable or inadequate to facilitate timely redevelopment and renewal.

     The legislature finds that a new and comprehensive authority for community development must be created to join the strengths of private enterprise, public development, and regulation into a new entity capable of long-range planning and implementation of improved community development.  The purpose of this chapter is to establish such a mechanism through the west Oahu community development authority, a public entity which shall determine community development programs and cooperate with private enterprise and the various components of federal, state, and county governments in bringing plans to fruition.  For areas designated as community development districts in west Oahu, the legislature believes that the planning and implementation program of the west Oahu community development authority will result in communities that serve the highest needs and aspirations of Hawaii's people.

     The legislature finds that the creation of the west Oahu community development authority, the establishment of community development districts in west Oahu, and the issuance of bonds pursuant to this chapter to finance public facilities serve the public interest and are matters of statewide concern.

     §   -2  Definitions.  As used in this chapter, the following terms have the following meanings, unless the context indicates a different meaning or intent:

     "Authority" means the west oahu community development authority established by section    -3.

     "Commercial project" means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units.

     "County" means any county of the State.

     "Local governing body" means the county council.

     "Multipurpose project" means a project consisting of any combination of a commercial project, redevelopment project, or residential project.

     "Project" means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, redevelopment project, residential project, or multipurpose project.

     "Project cost" means the total of all costs incurred by the authority in carrying out all undertakings that it deems reasonable and necessary for the development of a project, including but not limited to:  studies; surveys; plans; specifications; architectural, engineering, or any other development related services; acquisition of land and any improvement thereon; site preparation and development; construction; reconstruction; rehabilitation; the necessary expenses in administering the chapter; the cost of financing the project; and relocation costs.

     "Public agency" means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government.

     "Public facilities" includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities.  "Public facilities" also includes public highways, as defined in section 264-1, storm drainage systems, water systems, street lighting systems, off-street parking facilities, and sanitary sewerage systems.

     "Qualified nonprofit housing trust" means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs.

     "Qualified person" includes any individual, partnership, corporation, or any public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of the project and other qualifications as may be deemed desirable by the authority in administering this chapter.

     "Real property" means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term.  Real property also means any and all interests in the property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages, or otherwise.

     "Redevelopment project" means an undertaking for the acquisition, clearance, replanning, reconstruction, and rehabilitation, or a combination of these and other methods, of an area for a residential project, for an incidental commercial project, and for other facilities incidental or appurtenant thereto, pursuant to and in accordance with this chapter.  The terms "acquisition, clearance, replanning, reconstruction, and rehabilitation" include renewal, redevelopment, conservation, restoration, or improvement, or any combination thereof.

     "Reserved housing" means housing designated for residents in the low-income or moderate-income ranges who meet eligibility requirements as the authority may adopt by rule.

     "Residential project" means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto.

     "Workforce housing" means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule and that do not require financial assistance for design and construction from federal, state, or county government agencies.

     §   -3  West Oahu community development authority; established.  (a)  There is established the west Oahu 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:

     (1)  The director of finance or the director's designee;

     (2)  The director of transportation or the director's designee;

     (3)  The chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity;

     (4)  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;

     (5)  A cultural specialist;

     (6)  An at-large member; and

     (7)  Three representatives of the Kalaeloa community development district, consisting of 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 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.

     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.

     For purposes of this subsection, "small business" means a business which is independently owned and which is not dominant in its field of operation.

     (c)  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:

     (1)  The director of finance or the director's designee;

     (2)  The director of transportation or the director's designee;

     (3)  The cultural specialist;

     (4)  The one at-large member; and

     (5)  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.

     (d)  In the event of a vacancy, 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.

     (e)  The terms of the director of finance, director of transportation, 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    , Session Laws of Hawaii 2020, shall commence on March 1, 2021.  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.

     (f)  The governor may remove or suspend for cause any member after due notice and public hearing.

     (g)  Notwithstanding section 92-15, a majority of all eligible voting members as specified in this subsection shall constitute a quorum to do business, and the concurrence of a majority of all eligible voting members as specified in this subsection 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 shall be an officer or employee of the State or its political subdivisions.

     (h)  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.

     (i)  The authority shall annually elect the chairperson and vice chairperson from among its members.

     (j)  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.

     §   -4  Powers; generally.  Except as otherwise limited by this chapter, the authority may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at pleasure;

     (3)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (4)  Make and alter bylaws for its organization and internal management;

     (5)  Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;

     (6)  Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

     (7)  Prepare or cause to be prepared a community development plan for all designated community development districts;

     (8)  Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;

     (9)  Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;

    (10)  By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project that the authority has theretofore sold or otherwise conveyed, transferred, or disposed of;

    (11)  Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;

    (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on terms and conditions as it deems advisable;

    (13)  Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify the plans, specifications, designs, or estimates;

    (14)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

    (15)  Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

    (16)  Contract for and accept gifts or grants in any form from any public agency or from any other source;

    (17)  Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; and

    (18)  Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction; provided that the authority may permit cash payments in lieu of providing reserved housing.  The substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site.  The authority shall establish the following priority in the development of reserved housing:

          (A)  Within the community development district;

          (B)  Within areas immediately surrounding the community development district; and

          (C)  In outlying areas within the same island as the development project.

     The authority shall adopt rules relating to the approval of reserved housing that are developed outside of a community development district.  The rules shall include but are not limited to the establishment of guidelines to ensure compliance with the priorities stated in paragraph (18).

     §   -5  Assignment of powers and duties prohibited.  Notwithstanding anything contained in this chapter to the contrary, the authority shall not assign to any person or agency, including the executive director of the authority, any of its powers and duties related to the approval of any variance, exemption, or modification of any provision of a community development plan or community development rules.

     §   -6  Reserved and workforce housing units; transfer to qualified nonprofit housing trust.  (a)  Notwithstanding any law to the contrary, the authority may authorize a designated qualified nonprofit housing trust to administer the covenants and rules related to the reserved housing and workforce housing programs.  Additionally, the authority may waive its right to repurchase a reserved or workforce housing unit during the restriction period and may transfer that right of repurchase to a qualified nonprofit housing trust for the purpose of maintaining the reserved or workforce housing unit as an affordable housing unit.  If the repurchase rights are transferred to a qualified nonprofit housing trust, the restrictions prescribed in this chapter or in rules adopted by the authority shall be automatically extinguished and shall not attach in subsequent transfers of title; provided further that the qualified nonprofit housing trust shall establish new buyback restrictions for the purpose of maintaining the unit as affordable for as long as practicable, or as otherwise required by the authority.

     (b)  A qualified nonprofit housing trust shall report the status and use of its housing units to the authority by November 30 of each calendar year.

     §   -7  Urban gardening programs.  Notwithstanding any other provision of law, the authority may develop programs that provide incentives for the development of housing projects that incorporate urban gardening programs; provided that the college of tropical agriculture and human resources of the University of Hawaii at Manoa shall be consulted regarding best practices in urban gardening, including vertical gardening, aquaponics, and community gardening.

     §   -8  Designation of community development districts; community development plans.  (a)  The legislature, by statute, may designate an area as a community development district in west Oahu if it determines that there is need for replanning, renewal, or redevelopment of that area.  The designation shall describe the boundaries of the district.

     (b)  After designation, the authority shall develop a community development plan for the designated district.  The plan shall include but not be limited to community development guidance policies and district-wide improvement program and community development rules.

     (c)  The authority may enter into cooperative agreements with qualified persons or public agencies, where the powers, services, and capabilities of such persons or agencies are deemed necessary and appropriate for the development of the community development plan.

     (d)  Whenever possible, planning activities of the authority shall be coordinated with federal, state, and county plans.  Consideration shall be given to state goals and policies, adopted state plan or land use guidance policies, county general plans, development plans, and ordinances.

     (e)  The authority shall hold a public hearing on a proposed community development plan pursuant to chapter 91 and, after consideration of comments received and appropriate revision, shall submit the community development plan to the governor for the governor's approval.

     After approval, the governor shall submit to the legislature requests for appropriations, authorization to issue bonds, or both, to implement the community development plan in an orderly, affordable, and feasible manner.  The governor shall submit the requests to the legislature as part of the executive budget or supplemental budget, as appropriate.  In addition to the information, data, and materials required under chapter 37, the requests shall be accompanied by:

     (1)  Plans, maps, narrative descriptions, and other appropriate materials on the:

          (A)  Locations and design of projects or public facilities proposed to be funded; and

          (B)  Phase of the community development plans proposed to be implemented with the requested funds; and

     (2)  Other information deemed by the governor of significance to the legislature regarding the projects or public facilities proposed to be funded, including a discussion of the public benefits intended by, and adverse effects that may result from, implementation of the projects or public facilities.

     (f)  The authority may amend the community development plan as may be necessary.  Amendments shall be made in accordance with chapter 91.

     §   -9  Community and public notice requirements; posting on the authority's website; required.  (a)  The authority shall adopt community and public notice procedures pursuant to chapter 91 that shall include at a minimum:

     (1)  A means to effectively engage the community in which the authority is planning a development project to ensure that community concerns are received and considered by the authority;

     (2)  The posting of the authority's proposed plans for development of community development districts, public hearing notices, and minutes of its proceedings on the authority's website;

     (3)  The posting of every application for a development permit for any project within a community development district on the authority's website when the application is deemed complete;

     (4)  Notification by the applicant of any application for a development permit for a project valued at $250,000 or more by first class United States mail, postage prepaid to owners and lessees of record of real property located within a three hundred foot radius of the perimeter of the proposed project identified from the most current list available from the agency responsible for real property assessment within the county in which the proposed project is located when the application is deemed complete; provided that notice mailed pursuant to this paragraph shall include but not be limited to notice of:

(A)  Project specifications;

(B)  Requests for variance, exemption, or modification of a community development plan or the authority's community development rules; and

(C)  Procedures for intervention and a contested case hearing; and

     (5)  Any other information that the public may find useful so that it may meaningfully participate in the authority's decision-making processes.

     (b)  The authority shall notify the president of the senate and speaker of the house of representatives:

     (1)  Of any public hearing upon posting of the hearing notice; and

     (2)  With a report detailing the public's reaction at the public hearing, within one week after the hearing.

     §   -10  Public hearing for decision-making; separate hearings required; contested case hearing; judicial review.  (a)  When rendering a decision regarding:

     (1)  An amendment to any of the authority's community development rules established pursuant to chapter 91 and section    -12; or

     (2)  The acceptance of a developer's proposal to develop lands under the authority's control,

the authority shall render its decision at a public hearing separate from the hearing at which the proposal under paragraph (1) or (2) was presented.

     (b)  The authority shall issue a public notice in accordance with section 1‑28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted.  Public notice issued pursuant to this subsection for public hearings on the acceptance of a developer's proposal to develop lands under the authority's control shall state that any written motion to intervene as a formal party to the proceeding shall be received within twenty days after the publication date of the public notice.

     (c)  Prior to rendering a decision, the authority shall provide the general public with the opportunity to testify at its decision-making hearing; provided that members of the public who are not intervenors in the proceeding shall not be considered formal parties to the proceeding.

     (d)  The authority shall notify the president of the senate and speaker of the house of representatives:

     (1)  Of any public hearing upon posting of the hearing notice; and

     (2)  With a report detailing the public's reaction at the public hearing, within one week after the hearing.

     (e)  When considering any developer's proposal to develop lands under the authority's control that includes any request for a variance, exemption, or modification of a community development plan or of the authority's community development rules, the authority shall consider the request for variance, exemption, or modification at a public hearing, noticed in accordance with section 1-28.5, separate from and subsequent to the hearing at which the developer's proposal was presented; provided that the authority may consider all requests applicable to a single proposal at the same public hearing.  The authority's decision on requests subject to this subsection shall be rendered at the decision-making hearing on the developer's proposal.

     (f)  No final decision of the authority on a developer's proposal shall be issued until after all proceedings required by this section are finally concluded.

     (g)  Proceedings regarding the acceptance of a developer's proposal to develop lands under the authority's control shall be considered a contested case hearing.

     (h)  Any party aggrieved by a final decision of the authority regarding the acceptance of a developer's proposal to develop lands under the authority's control may seek judicial review of the decision within thirty days.  Chapter 91 shall apply to the judicial review except where chapter 91 conflicts with this chapter, in which case this chapter shall apply.  Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision.  Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling.  For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.

     (i)  The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible.

     (j)  The authority shall not approve any developer's proposal to develop lands under the authority's control unless the authority finds that the proposed development project is reasonable and is consistent with the development rules and policies of the relevant development district.  In making its finding pursuant to this subsection, the authority shall consider:

     (1)  The extent to which the proposed project:

          (A)  Advances the goals, policies, and objectives of the applicable district plan;

          (B)  Protects, preserves, or enhances desirable neighborhood characteristics through compliance with the standards and guidelines of the applicable district rules;

          (C)  Avoids a substantially adverse effect on surrounding land uses through compatibility with the existing and planned land use character of the surrounding area; and

          (D)  Provides housing opportunities for all income groups, particularly low, moderate, and other qualified income groups;

     (2)  The impact of the proposed project on the following areas of urban design, as applicable:

          (A)  Pedestrian oriented development, including complete streets design;

          (B)  Transit oriented development, including rail, bus, and other modes of rapid transit; and

          (C)  Community amenities such as gathering places, community centers, culture and arts facilities, and the full array of public facilities normally provided by the public sector;

     (3)  The impact of the proposed project on the following areas of state concern:

          (A)  Preservation of important natural systems or habitats;

          (B)  Maintenance of valued cultural, historical, or natural resources;

          (C)  Maintenance of other resources relevant to the State's economy;

          (D)  Commitment of state funds and resources;

          (E)  Employment opportunities and economic development; and

          (F)  Maintenance and improvement of the quality of educational programs and services provided by schools; and

     (4)  The representations and commitments made by the developer in the permit application process.

     §   -11  District-wide improvement program.  (a)  The authority shall develop a district-wide improvement program to identify necessary district-wide public facilities within a community development district.

     (b)  Whenever the authority shall determine to undertake, or cause to be undertaken, any public facility as part of the district-wide improvement program, the cost of providing the public facilities shall be assessed against the real property in the community development district specially benefiting from such public facilities.  The authority shall determine the areas of the community development district that will benefit from the public facilities to be undertaken and, if less than the entire community development district benefits, the authority may establish assessment areas within the community development district.  The authority may issue and sell bonds in such amounts as may be authorized by the legislature to provide funds to finance such 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 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.

     (c)  Bonds issued to provide funds to finance public facilities shall be secured solely by the real properties benefited or improved, the assessments thereon, or by the revenues derived from the program for which the bonds are issued, including reserve accounts and earnings thereon, insurance proceeds, and other revenues, or any combination thereof.  The bonds may be additionally secured by the pledge or assignment of loans and other agreements or any note or other undertaking, obligation, or property held by the authority.  Bonds issued pursuant to this section and the income therefrom shall be exempt from all state and county taxation, except transfer and estate taxes.  The bonds shall be issued according and subject to the provisions of the rules adopted pursuant to this section.

     (d)  Any other law to the contrary notwithstanding, in assessing real property for public facilities, the authority shall assess the real property within an assessment area according to the special benefits conferred upon the real property by the public facilities.  These methods may include assessment on a frontage basis or according to the area of real property within an assessment area or any other assessment method which assesses the real property according to the special benefit conferred, or any combination thereof.  No such assessment levied against real property specially benefited as provided by this chapter shall constitute a tax on real property within the meanings of any constitutional or statutory provisions.

     (e)  The authority shall adopt rules pursuant to chapter 91, and may amend the rules from time to time, providing for the method of undertaking and financing public facilities in an assessment area or an entire community development district.  The rules adopted pursuant to this section shall include but are not limited to the following:  methods by which the authority shall establish assessment areas; the method of assessment of real properties specially benefited; the costs to be borne by the authority, the county in which the public facilities are situated, and the property owners; the procedures before the authority relating to the creation of the assessment areas by the owners of real property therein, including provisions for petitions, bids, contracts, bonds, and notices; provisions relating to assessments; provisions relating to financing, such as bonds, revolving funds, advances from available funds, special funds for payment of bonds, payment of principal and interest, and sale and use of bonds; provisions relating to funds and refunding of outstanding debts; and provisions relating to limitations on time to sue, and other related provisions.

     (f)  Any provisions to the contrary notwithstanding, the authority may, in its discretion, enter into any agreement with the county in which the public facilities are located, to implement all or part of the purposes of this section.

     (g)  All sums collected under this section shall be deposited in the west Oahu community development revolving fund established by section    -23; except that notwithstanding section    -23, all moneys collected on account of assessments and interest thereon for any specific public facilities financed by the issuance of bonds shall be set apart in a separate special fund and applied solely to the payment of the principal and interest on these bonds, the cost of administering, operating, and maintaining the program, the establishment of reserves, and other purposes as may be authorized in the proceedings providing for the issuance of the bonds.  If any surplus remains in any special fund after the payment of the bonds chargeable against such fund, it shall be credited to and become a part of the west Oahu community development revolving fund.  Moneys in the west Oahu community development revolving fund may be used to make up any deficiencies in the special fund.

     (h)  If the public facilities to be financed through bonds issued by the authority may be dedicated to the county in which the public facilities are to be located, the authority shall ensure that the public facilities are designed and constructed to meet county requirements.

     (i)  Notwithstanding any law to the contrary, whenever as part of a district-wide improvement 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 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.

     §   -12  Community development rules.  (a)  The authority shall establish community development rules under chapter 91 on health, safety, building, planning, zoning, and land use which, upon final adoption of a community development plan, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon.  Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.  The authority may, in the community development plan or by a community development rule, provide that lands within a community development district shall not be developed beyond existing uses or that improvements thereon shall not be demolished or substantially reconstructed, or provide other restrictions on the use of the lands.

     (b)  Development rights under a master plan permit and master plan development agreement issued and approved by the authority are vested under the community development district rules in effect at the time of initial approval by the authority and shall govern development on lands subject to such permit and agreement.

     §   -13  Use of public lands; acquisition of state lands.  (a)  If state lands under the control and management of other public agencies are required by the authority for its purposes, the agency having the control and management of those required lands may, upon request by the authority and with the approval of the governor, convey or lease such lands to the authority upon such terms and conditions as may be agreed to by the parties.

     (b)  Notwithstanding the foregoing, no public lands shall be conveyed or leased to the authority as provided in this section if such conveyance or lease would impair any covenant between the State or any county or any department or board thereof and the holders of bonds issued by the State or such county, department, or board.

     §   -14  Developments within special management areas and shoreline setback.  (a)  Notwithstanding chapter 205A, all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district, for which a community development plan has been developed and approved in accordance with section    -8, shall be submitted to and reviewed by the lead agency as defined in chapter 205A.  In community development districts for which a community development plan has not been developed and approved in accordance with section    ‑8, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan for the district takes effect.

     (b)  In the review of such requests, the lead agency shall conform to the following, as deemed appropriate:

     (1)  Applicable county rules adopted in accordance with section 205A-26 for the review of developments within a special management area, except that paragraph (2)(C) of section 205A-26 shall not apply; and

     (2)  Part III of chapter 205A and applicable county rules for the review of developments within the shoreline setback.

     (c)  With the approval of the lead agency, the developments may be allowed without a special management area permit or shoreline setback variance as required by chapter 205A.

     §   -15  Acquisition of real property from a county.  Notwithstanding the provision of any law or charter, any county, by resolution of its local governing body, may, without public auction, sealed bids, or public notice, sell, lease for a term not exceeding sixty-five years, grant or convey to the authority any real property owned by it which the authority certifies to be necessary for its purposes.  The sale, lease, grant, or conveyance shall be made with or without consideration and upon such terms and conditions as may be agreed upon by the county and the authority.  Certification shall be evidenced by a formal request from the authority.  Before the sale, lease, grant, or conveyance may be made to the authority, a public hearing shall be held by the local governing body to consider the same.  Notice of the hearing shall be published at least ten days before the date set for the hearing in such publication and in such manner as may be designated by such local governing body.

     §   -16  Condemnation of real property.  The authority, upon making a finding that it is necessary to acquire any real property for its immediate or future use for the purposes of this chapter, may acquire the property by condemnation pursuant to chapter 101, including property already devoted to a public use.  Such property shall not thereafter be taken for any other public use without the consent of the authority.  No award of compensation shall be increased by reason of any increase in the value of real property caused by the designation of a community development district or plan adopted pursuant to a designation, or the actual or proposed acquisition, use, or disposition of any other real property by the authority.

     §   -17  Relocation.  (a)  Any provision of law to the contrary notwithstanding, the authority shall adopt rules pursuant to chapter 91 to insure the appropriate relocation within or outside the district of persons, families, and businesses displaced by governmental action within the district.  The rules may include but are not limited to the establishment and operation of a central relocation office; relocation payments for actual moving costs; fixed payments for losses suffered; payments for replacement housing or business locations; relocation payments and loans to displaced businesses for certain costs related to the reestablishment of their business operations; and other similar relocation matters.

     (b)  The authority shall provide relocation assistance to persons, families, and businesses within the district that are displaced by private action; provided that such assistance shall not include any form of direct monetary payments except that the authority may make relocation loans to displaced businesses in accordance with rules adopted by the authority for the purposes of this section.  Temporary relocation facilities within or outside the district may be made available to displacees; provided that those displaced by government action shall be afforded priority to the facilities.

     §   -18  Construction contracts.  The authority shall award construction contracts in conformity with the applicable provisions of chapter 103D.

     §   -19  Dedication for public facilities as condition to development.  The authority shall establish rules requiring dedication for public facilities of land or facilities, or cash payments in lieu thereof, by developers as a condition of developing real property pursuant to the community development plan.  Where state and county public facilities dedication laws, ordinances, or rules differ, the provision for greater dedication shall prevail.

     §   -20  Public projects.  Any project or activity of any county or agency of the State in a designated district shall be constructed, renovated, or improved in consultation with the authority.

     §   -21  Sale or lease of redevelopment projects.  (a)  The authority may, without recourse to public auction, 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.

     (b)  In the case of residential projects or redevelopment projects, the terms of the sale shall provide for the repurchase of the property by the authority at its option, in the event that the purchaser, if other than a state agency, desires to sell the property within ten years; provided that this requirement may be waived by the authority if the authority determines that a waiver will not be contrary to the community development plan.  The authority shall establish at the time of original sale a formula setting forth a basis for a repurchase price based on market considerations including but not being limited to interest rates, land values, construction costs, and federal tax laws.

     If the purchaser in a residential project is a state agency, the authority may include as a term of the sale a provision for the repurchase of the property in conformance with this section.

     §   -22  Residential projects; cooperative agreements.  (a)  If the authority deems it desirable to develop a residential project, it may enter into an agreement with qualified persons to construct, maintain, operate, or otherwise dispose of the residential project.  Sale, lease, or rental of dwelling units in the project shall be as provided by the rules established by the authority.  The authority may enter into cooperative agreements with the Hawaii housing finance and development corporation for the financing, development, construction, sale, lease, or rental of dwelling units and projects.

     (b)  The authority may transfer the housing fees collected from private residential developments for the provision of housing for residents of low- or moderate-income to the Hawaii housing finance and development corporation for the financing, development, construction, sale, lease, or rental of such housing within or without the community development districts.  The fees shall be used only for projects owned by the State or owned or developed by a qualified nonprofit organization.

     (c)  For the purposes of this section, "nonprofit organization" means a corporation, association, or other duly chartered organization registered with the State, which organization has received charitable status under the Internal Revenue Code of 1986, as amended.

     §   -23  West Oahu community development revolving fund.  There is created the west Oahu community development revolving fund into which all receipts and revenues of the authority shall be deposited.  Proceeds from the fund shall be used for the purposes of this chapter.

     §   -24  Expenditures of revolving funds under the authority exempt from appropriation and allotment.  Except as to administrative expenditures, and except as otherwise provided by law, expenditures from any revolving fund administered by the authority may be made by the authority without appropriation or allotment of the legislature; provided that no expenditure shall be made from and no obligation shall be incurred against any revolving fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended.  Nothing in sections 37-31 to 37-41 shall require the proceeds of any revolving fund administered by the authority to be reappropriated annually.

     §   -25  Exemption from taxation.  The authority shall not be required to pay assessments levied by any county, nor shall the authority be required to pay state taxes of any kind.

     §   -26  Assistance by state and county agencies.  Any state or county agency may render services upon request of the authority.

     §   -27  Annual report.  The authority shall submit to the governor and the legislature, at least twenty days prior to the start of each regular session, a complete and detailed report of its activities.

     §   -28  Court proceedings; preferences; venue.  (a)  Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter, shall be brought in the circuit court of the circuit where the case or controversy arises, and shall be heard and determined in preference to all other civil cases pending therein except election cases, irrespective of position on the calendar.

     (b)  Upon application of counsel to the authority, the same preference shall be granted in any action or proceeding questioning the validity of this chapter in which the authority may be allowed to intervene.

     (c)  Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter or any portion of this chapter, may be filed in the circuit court of the circuit where the case or controversy arises, which court is hereby vested with original jurisdiction over the action.

     (d)  Notwithstanding any provision of law to the contrary, declaratory relief may be obtained for the action.

     (e)  Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641, and the appeal shall be given priority.

     §   -29  Issuance of bonds.  The director of finance may, from time to time, issue general obligation bonds pursuant to chapter 39 in such amounts as may be authorized by the legislature, for the purposes of this chapter.

     §   -30  Violations and penalty.  (a)  The authority may set, charge, and collect reasonable fines for violation of this chapter or any rule adopted pursuant to chapter 91.  Any person violating any of the provisions of this chapter or any rule adopted pursuant to chapter 91, for which violation a penalty is not otherwise provided, shall be fined not more than $500 a day and shall be liable for administrative costs incurred by the authority.

     (b)  The authority may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation.

     (c)  Any person violating any provision of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment not exceeding thirty days, or both.  The continuance of a violation after conviction shall be deemed a new offense for each day of such continuance.

PART II.  KALAELOA COMMUNITY DEVELOPMENT DISTRICT

     §   -41  Barbers Point Naval Air Station redevelopment; power to redevelop established.  (a)  The west Oahu community development authority shall be the designated agency of the State to implement this part.

     (b)  The authority shall act as the local redevelopment authority to facilitate the redevelopment of Barbers Point Naval Air Station in accordance with the Barbers Point Naval Air Station community reuse plan.  In addition to any other duties that the authority may have pursuant to this chapter, the authority's duties shall include but not be limited to:

     (1)  Coordinating with the Navy and other entities during the conveyance of properties and conducting remediation activities for the Barbers Point Naval Air Station community reuse plan;

     (2)  Assisting landholders designated by the plan to market their properties and process conveyance requests;

     (3)  Working with the Navy and others to ensure that infrastructure support is provided to the existing developed area, referred to as the "downtown area", and other federally retained areas;

     (4)  Developing the infrastructure necessary to support the implementation of the Barbers Point Naval Air Station community reuse plan; and

     (5)  Providing, to the extent feasible, maximum opportunity for the reuse of surplus property by private enterprise or state and county government.

     §   -42  Designation of the Kalaeloa community development district.  (a)  The federal Department of Defense declared approximately two thousand one hundred fifty acres of land at the Barbers Point Naval Air Station to be surplus to its needs and under a base realignment is conveying these surplus lands to the various end users identified by the community reuse plan.  The governor has approved and forwarded to the Navy the community reuse plan for these surplus lands.

     (b)  The legislature hereby designates these surplus lands as the "Kalaeloa community development district".

     §   -43  District established; boundaries.  The Kalaeloa community development district is established.  The district shall include that area within the boundaries described as follows:  the eastern boundary begins at Geiger Gate and runs along East Hansen Road to the intersection with Essex Road until its termination at White Plains Beach Park, where it follows the eastern boundary of parcel 9-1-13:74 to the shoreline at the mean high water mark; the northern boundary begins at the eastern corner at the Geiger Road entry gate where it becomes Roosevelt Road and continues westward until its intersection with West Perimeter Road; the western boundary follows the West Perimeter Road until its termination and then follows the western border of parcel 9-1-13:30 to the shoreline at the mean high water mark; two parcels (9-1-13:01 and 9-1-13:09) lying west of West Perimeter Road toward its mauka end, and two parcels (9-1-31:28 and 9-1-31:47) lying west of West Perimeter Road on its makai end, all of which are physically separated from the western boundary by a storm water drainage canal, are also included; the southern boundary follows the shoreline at the mean high water mark from the western boundary of parcel 9-1-13:30 to the eastern boundary of White Plains Beach Park (9-1-13:74).  All references to parcel numbers contained herein indicate the areas identified by such tax map key numbers as of March 18, 2002.

     §   -44  Kalaeloa community development district; development guidance policies.  The following development guidance policies shall generally govern the authority's actions in the Kalaeloa community development district:

     (1)  Development shall be in accordance with the community reuse plan, except as it conflicts with the Hawaii State Constitution and the Hawaii Revised Statutes, as they relate to the department of Hawaiian home lands;

     (2)  With the approval of the governor and concurrence of the Navy, and in accordance with state law governing lands owned by the department of Hawaiian home lands, the authority, upon the concurrence of a majority of its voting members, may modify and make changes to the reuse plan to respond to changing conditions; provided that prior to amending the reuse plan the authority shall conduct a public hearing to inform the public of the proposed changes and receive public input;

     (3)  Development shall seek to promote economic development and employment opportunities by fostering diverse land uses and encouraging private sector investments that utilize the opportunities presented by the receipt of property from the base closure consistent with the needs of the public;

     (4)  The authority may engage in planning, design, and construction activities within and outside of the district; provided that activities outside of the district shall relate to infrastructure development, area-wide drainage improvements, roadways realignments and improvements, business and industrial relocation, and other activities the authority deems necessary to carry out redevelopment of the district and implement this chapter.  Studies or coordinating activities may be undertaken by the authority in conjunction with the county and appropriate state agencies and may address facility systems, industrial relocation, and other activities;

     (5)  Planning, replanning, rehabilitation, development, redevelopment, and other preparation for reuse of Barbers Point Naval Air Station under this chapter are public uses and purposes for which public money may be spent and private property acquired;

     (6)  Hawaiian archaeological, historic, and cultural sites shall be preserved and protected.  Endangered species of flora and fauna and significant military facilities shall be preserved to the extent feasible;

     (7)  Land use and redevelopment activities within the district shall be coordinated with and to the extent possible complement existing county and state policies, plans, and programs affecting the district; and

     (8)  Public facilities within the district shall be planned, located, and developed to support the redevelopment policies established by this chapter for the district, the reuse plan approved by the governor, and rules adopted pursuant to this chapter.

     §   -45  Kalaeloa community development revolving fund.  (a)  There is established in the state treasury the Kalaeloa community development revolving fund, into which shall be deposited:

     (1)  All revenues, income, and receipts of the authority for the Kalaeloa community development district, notwithstanding any other law to the contrary, including section    -23;

     (2)  Moneys directed, allocated, or disbursed to the Kalaeloa community development district from government agencies or private individuals or organizations, including grants, gifts, awards, donations, and assessments of landowners for costs to administer and operate the Kalaeloa community development district; and

     (3)  Moneys appropriated to the fund by the legislature.

     (b)  Moneys in the Kalaeloa community development revolving fund shall be used for the purposes of this part.

     (c)  Investment earnings credited to the assets of the fund shall become part of the assets of the fund.

     §   -46  Assessment for operating costs.  (a)  The authority shall have the power to assess all land users, except the federal government, for their fair share of the costs required to administer and operate the Kalaeloa community development district, which may include costs associated with staffing.  Assessments shall be based on each landowner's proportionate share of the total acreage of the Kalaeloa community development district.

     (b)  The assessment shall be set by the authority annually, based upon the operating budget for the district, and adjusted for any actual expenditures made in the prior year in excess of the prior approved budget.  The assessments shall be paid to the authority in semiannual payments commencing thirty days after the beginning of the fiscal year.

     (c)  The authority may charge interest or other fees on assessment amounts not paid on a timely basis, and may withhold services or approval of governmental permits for land users delinquent in payments.

     (d)  For the purposes of this section, "land user" includes the owner of land; provided that the landowner may assign the responsibility for payment of assessments to the lessee or licensee of the land.

     §   -47  Complaints.  The authority may establish procedures for receiving and processing district-related complaints, conducting research, monitoring matters that arise within the district, and reporting its findings.

     §   -48  Remedies.  (a)  The authority may research any complaint relating to the district that it determines to be an appropriate subject for investigation, including:

     (1)  Unkempt appearance of property;

     (2)  Brushfires on property;

     (3)  Rubbish disposed of inappropriately; or

     (4)  Conditions on property otherwise incongruous with generally accepted standards of maintenance.

     (b)  The authority may investigate, conduct research, or monitor any matter that arises within the district, in accordance with this part.

     (c)  If the authority decides not to research a complaint filed with the authority, it shall inform the complainant of its decision and shall state its reasons.

     If the authority decides to research the complaint, it shall notify the complainant of its decision and shall also notify the landowner of its intention to investigate.

     (d)  Before giving any opinion or recommendation that is critical of a landowner or person who is the subject of the complaint, the authority shall consult with the landowner or person on the best means to remedy the situation.

     (e)  After a reasonable time has elapsed, the authority shall notify the complainant of the actions taken by it and by the landowner.

     §   -49  Reports.  (a)  After a reasonable time has elapsed, the authority may present its opinion and recommendations to the governor, the legislature, the public, or any of these.  The authority shall include with this opinion any reply made by the landowner.

     (b)  The authority shall submit to the various landowners in the district a quarterly report discussing the authority's activities under this part.  The report shall be made available to the public upon request."

PART II

     SECTION 2.  Section 26-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The following are placed in the department of business, economic development, and tourism for administrative purposes as defined by section 26-35:  Hawaii community development authority, Hawaii housing finance and development corporation, Hawaii technology development corporation, land use commission, natural energy laboratory of Hawaii authority, west Oahu community development authority, and any other boards and commissions as shall be provided by law."

     SECTION 3.  Section 46-102, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "community development plan" to read:

     ""Community development plan" means a plan established pursuant to section 206E-5[.] or    -8."

     2.  By amending the definition of "redevelopment agency" or "agency" to read:

     ""Redevelopment agency" or "agency" means an agency defined in section 53-1 [or], the Hawaii community development authority as established pursuant to chapter 206E[.], or the west Oahu community development authority as established pursuant to chapter    ."

     SECTION 4.  Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

     (1)  The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

     (2)  The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;

     (3)  The administrative director of the State;

     (4)  The president, the vice presidents, the assistant vice presidents, the chancellors, members of the board of regents, and the provosts of the University of Hawaii;

     (5)  The members of the board of education and the superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

     (6)  The administrative director and the deputy director of the courts;

     (7)  The administrator and the assistant administrator of the office of Hawaiian affairs; and

     (8)  The members of the following state boards, commissions, and agencies:

          (A)  The board of directors of the agribusiness development corporation established under section 163D-3;

          (B)  The board of agriculture established under section 26-16;

          (C)  The state ethics commission established under section 84-21;

          (D)  The Hawaii community development authority established under section 206E-3;

          (E)  The Hawaiian homes commission established under the Hawaiian Homes Commission Act of 1920, as amended, and section 26-17;

          (F)  The board of directors of the Hawaii housing finance and development corporation established under section 201H-3;

          (G)  The board of land and natural resources established under section 171-4;

          (H)  The state land use commission established under section 205-1;

          (I)  The legacy land conservation commission established under section 173A-2.4;

          (J)  The natural area reserves system commission established under section 195-6;

          (K)  The board of directors of the natural energy laboratory of Hawaii authority established under section 227D-2;

          (L)  The board of directors of the Hawaii public housing authority established under section 356D‑3;

          (M)  The public utilities commission established under section 269-2; [and]

          (N)  The commission on water resource management established under section 174C-7[.]; and

          (O)  The west Oahu community development authority established under section    -3."

     SECTION 5.  Section 171-2, Hawaii Revised Statutes, is amended to read as follows:

     "§171-2  Definition of public lands.  "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

     (1)  Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

     (2)  Lands set aside pursuant to law for the use of the United States;

     (3)  Lands being used for roads and streets;

     (4)  Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act prior to the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

     (5)  Lands to which the University of Hawaii holds title;

     (6)  Lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

     (7)  Lands to which the Hawaii community development authority in its corporate capacity holds title;

     (8)  Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title;

     (9)  Lands to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

    (10)  Lands that are set aside by the governor to the Aloha Tower development corporation; lands leased to the Aloha Tower development corporation by any department or agency of the State; or lands to which the Aloha Tower development corporation holds title in its corporate capacity;

    (11)  Lands that are set aside by the governor to the agribusiness development corporation; lands leased to the agribusiness development corporation by any department or agency of the State; or lands to which the agribusiness development corporation in its corporate capacity holds title;

    (12)  Lands to which the Hawaii technology development corporation in its corporate capacity holds title; [and]

    (13)  Lands to which the department of education holds title; and

    (14)  Lands to which the west Oahu community development authority in its corporate capacity holds title;

provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005."

     SECTION 6.  Section 171-64.7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  This section applies to all lands or interest therein owned or under the control of state departments and agencies classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or any other manner, including accreted lands not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, including:

     (1)  Land set aside pursuant to law for the use of the United States;

     (2)  Land to which the United States relinquished the absolute fee and ownership under section 91 of the Organic Act prior to the admission of Hawaii as a state of the United States;

     (3)  Land to which the University of Hawaii holds title;

     (4)  Land to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

     (5)  Land to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

     (6)  Land that is set aside by the governor to the Aloha Tower development corporation; or land to which the Aloha Tower development corporation holds title in its corporate capacity;

     (7)  Land that is set aside by the governor to the agribusiness development corporation; or land to which the agribusiness development corporation in its corporate capacity holds title;

     (8)  Land to which the Hawaii technology development corporation in its corporate capacity holds title;

     (9)  Land to which the department of education holds title; [and]

    (10)  Land to which the Hawaii public housing authority in its corporate capacity holds title[.]; and

    (11)  Lands to which the west Oahu community development authority in its corporate capacity holds title.

     (b)  Notwithstanding any law to the contrary, no sale of lands described in subsection (a) in fee simple including land sold for roads and streets, or gift of lands described in subsection (a) in fee simple to the extent such gift is otherwise permitted by law, shall occur without the prior approval of the sale or gift by the legislature by concurrent resolution to be adopted by each house by at least a two-thirds majority vote of the members to which each house is entitled in a regular or special session at which a concurrent resolution is submitted for approval of the sale; provided that the provisions of this section shall not apply to remnants, as that term is defined in section 171-52, or portions thereof; provided further that this section shall not apply to the issuance of licenses, permits, easements, and leases executed in conformance with the laws applicable to the lands listed in subsection (a); provided further that this section shall not apply to non-ceded lands conveyed to the University of Hawaii after December 31, 1989, to which the University of Hawaii holds title; provided further that this section shall not apply to reserved housing, as that term is defined in section 206E-101, conveyed by the Hawaii community development authority[.] or west Oahu community development authority."

     SECTION 7.  Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The authority shall consist of the director of finance or the director's designee; the director of transportation or the director's designee; a cultural specialist; an at-large member; an at-large member nominated by the senate president; an at-large member nominated by the speaker of the house; three representatives of the Heeia community development district, comprising 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 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 representatives of the Kalaeloa community development district, comprising 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 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 representatives of the Kakaako community development district, comprising two residents of the district and 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 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; and 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 of the senate and speaker of the house of representatives and the [nine] six 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.

     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; and

    [(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)] (2)  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.

     In the event of a vacancy, 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, 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.

     Notwithstanding section 92-15, a majority of all eligible voting members as specified in this subsection shall constitute a quorum to do business, and the concurrence of a majority of all eligible voting members as specified in this subsection 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 shall be an officer or employee of the State or its political subdivisions.

     For purposes of this section, "small business" means a business which is independently owned and which is not dominant in its field of operation."

     SECTION 8.  Section 226-64, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  The Hawaii interagency council for transit-oriented development shall be composed of the following members:

     (1)  Director of the office of planning, who shall serve as co-chair;

     (2)  Executive director of the Hawaii housing finance and development corporation, who shall serve as co-chair;

     (3)  Chief of staff, office of the governor;

     (4)  Chairperson of the board of land and natural resources;

     (5)  Director of transportation;

     (6)  Comptroller;

     (7)  Director of health;

     (8)  Director of human services;

     (9)  Director of public safety;

    (10)  Chairperson of the Hawaiian homes commission;

    (11)  Chairperson of the stadium authority;

    (12)  President of the University of Hawaii;

    (13)  Superintendent of education;

    (14)  Executive director of the Hawaii community development authority;

    (15)  Executive director of the west Oahu community development authority;

   [(15)] (16)  Executive director of the Hawaii public housing authority;

   [(16)] (17)  One member of the house of representatives to be designated by the speaker of the house of representatives; provided that the speaker of the house of representatives may designate a second member of the house of representatives to serve as an alternate;

   [(17)] (18)  One member of the senate to be designated by the president of the senate; provided that the president of the senate may designate a second member of the senate to serve as an alternate;

   [(18)] (19)  The mayor of each county;

   [(19)] (20)  A representative of the Honolulu field office of the United States Department of Housing and Urban Development, who shall be requested to serve on a nonvoting[[],[]] ex officio basis by the governor;

   [(20)] (21)  A representative of the business community, to be designated by the governor;

   [(21)] (22)  A representative of the community who is a housing advocate, to be designated by the governor; and

   [(22)] (23)  A representative of the community with experience in housing and real estate development, to be designated by the governor."

     2.  By amending subsection (c) to read:

     "(c)  Except as provided in subsection [(a)(16)] (a)(17) and [(17),] (18), if a member of the Hawaii interagency council for transit-oriented development is unable to attend a meeting, that member may appoint a designee to attend and to act on the member's behalf during the meeting."

PART III

     SECTION 9.  Chapter 206E, part VII, Hawaii Revised Statutes, is repealed.

PART IV

     SECTION 10.  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 2020-2021 for start-up costs for the operations of the west Oahu community development authority, including the hiring of an executive director and engineers, planners, program specialists, and accountants or asset managers as necessary; provided that this sum shall be reimbursed from the west Oahu community development revolving fund by           .

     The sum appropriated shall be expended by the west Oahu community development authority for the purposes of this Act.

PART V

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2020.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

West Oahu Community Development Authority; Established; Kalaeloa Community Development District; Appropriation

 

Description:

Establishes the west Oahu community development authority.  Designates the Kalaeloa community development district under the west Oahu community development authority, rather than the Hawaii community development authority.  Makes an appropriation.

 

 

 

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