Bill Text: HI SB2898 | 2022 | Regular Session | Amended
Bill Title: Relating To Community Development.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2022-06-27 - Act 184, on 06/27/2022 (Gov. Msg. No. 1285). [SB2898 Detail]
Download: Hawaii-2022-SB2898-Amended.html
|
THE SENATE |
S.B. NO. |
2898 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO COMMUNITY DEVELOPMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Transit-oriented development infrastructure improvement district
§206E-A Findings and purpose. The legislature finds that construction, installation, and improvement of certain infrastructure is necessary and desirable to facilitate renewal and redevelopment of areas designated by the State and the counties for transit-oriented development. Transit-oriented development is a powerful tool that can ultimately deliver a wide range of social, environmental, and economic benefits. Transit-oriented development promotes development patterns that support quality of life, preserves the natural environment, provides a range of housing choices for residents, and encourages walking, biking, and use of mass transit. The State plays an important role in overcoming barriers to transit-oriented development, including encouraging needed investments in improving regional infrastructure such as roads, sewers, water, power, communication, and storm water management systems. This part is intended to move transit-oriented development planning efforts forward into infrastructure improvements that benefit the community. The legislature further finds that, currently, no single state agency has the authority to improve infrastructure along a transit corridor in the best interest of the State. This part will enable the delivery of infrastructure needed to support development on lands within designated transit-oriented development zones.
Accordingly, the purpose of this part is to establish transit-oriented development infrastructure improvement districts to foster community development by strategically investing in infrastructure improvements.
§206E-B Definitions. As used in this part:
"Board" means the
transit-oriented development infrastructure improvement district board.
"District"
means the transit-oriented development infrastructure improvement district within each county-designated
transit-oriented development zone, or within a one-half mile radius of a
proposed or existing transit station if the county has not designated
transit-oriented development zones, as determined by the board.
"Fund" means
the transit-oriented development infrastructure improvement district special
fund established under section 206E-G.
"Program" means the transit-oriented
development infrastructure improvement district program developed by the board
pursuant to section 206E-F.
§206E-C District established;
boundaries. (a) The transit-oriented development
infrastructure improvement district is hereby established under the authority.
(b) The district shall comprise the parcels of
land within county-designated
transit-oriented development zones, or within a one-half mile radius of a
proposed or existing transit station if the county has not designated transit-oriented
development zones, as determined by the board, which shall take into account
proximity, walkability, adopted county plans, and other relevant factors;
provided that in a county with a population in excess of five hundred thousand,
a transit-oriented development zone shall include a rail station or a planned
rail station. The district shall include
all parcels of land of which any portion of the parcels are located within the
county-designated transit-oriented development zones, or within a one-half mile
radius around proposed or existing transit stations if the county has not
designated transit-oriented development zones.
§206E-D
Transit-oriented development infrastructure improvement district board;
established; members; terms; vacancies. (a) There
is established the transit-oriented development infrastructure improvement district
board, which shall be placed under the authority within the department of business,
economic development, and tourism for administrative purposes. The board shall carry out the duties and
responsibilities as set forth in this part.
(b) The board shall consist of the following voting
members:
(1) The director of finance or the director's designee;
(2) The director of
transportation or the director's designee;
(3) The director of the
office of planning and sustainable development or the director's designee;
(4) The director of planning
and permitting of the county in which each district is located or the director's
designee; and
(5) The following members,
who shall be appointed by the governor pursuant to section 26-34:
(A) A cultural specialist;
(B) An at-large member, to be selected from a list of three nominees submitted by the president of the senate;
(C) An at-large member, to be selected from a list of three nominees submitted by the speaker of the house of representatives;
(D) A resident of the county where the district is located, to be selected from a list of three nominees submitted by the president of the senate; and
(E) A resident of the county where the district is
located, to be selected from a list of three nominees submitted by the speaker
of the house of representatives.
(c) The terms of the
appointed members shall be for four years, commencing on July 1 and expiring on
June 30; provided that the governor shall provide for staggered terms of the
initially appointed members so that the initial terms of one at-large member
and one district member selected by lot shall be for three years, the initial
terms of one at-large member and one district member selected by lot shall be
for four years, and the term of the cultural specialist shall be for two years.
(d) If a vacancy occurs,
a member shall be appointed to fill the vacancy in the same manner as the
original appointment within thirty days of the vacancy or within ten days of the
senate's rejection of a previous appointment, as applicable.
(e) The terms of the
director of finance, director of transportation, director of the office of
planning and sustainable development, and the county directors of planning and
permitting, or their respective designees, shall run concurrently with each director's
term of office.
(f) Notwithstanding
section 92-15, a majority of all eligible voting members as specified in this section
shall constitute a quorum to do business, and the concurrence of a majority of
all eligible voting members present shall be necessary to make any action of
the board valid. All members shall continue
in office until their respective successors have been appointed and received advice
and consent of the senate. Except as provided
herein, no member appointed under this section shall be an officer or employee
of the State or its political subdivisions.
(g) The members of the
board shall serve without compensation but each shall be reimbursed for
expenses, including travel expenses, incurred in the performance of their
duties.
§206E-E Transit-oriented development infrastructure improvement
district board; powers; generally. Except as otherwise limited by this part, with
respect to the development, construction, and improvement of infrastructure
within the districts, the board may:
(1) Establish and administer districts and programs;
(2) Make and execute contracts
and all other instruments necessary or convenient for the exercise of its
powers and functions under this part;
(3) Prepare or cause to be prepared an infrastructure
improvement plan for the district;
(4) Acquire, reacquire, or contract to acquire or
reacquire, by grant or purchase, real, personal, or mixed property, or any
interest therein, and own, hold, clear, improve, rehabilitate, sell, assign,
exchange, transfer, convey, lease, or otherwise dispose of or encumber the
same;
(5) Acquire or reacquire by condemnation real,
personal, or mixed property, or any interest therein, for infrastructure improvement;
(6) 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 infrastructure and own, hold, sell, assign, transfer,
convey, exchange, lease, or otherwise dispose of or encumber any infrastructure
improvement;
(7) Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or the furnishing of facilities, or for the acquisition of property or property rights, or for the furnishing of property or services in connection with an infrastructure improvement project;
(8) Prepare or cause to be prepared plans, specifications,
designs, and estimates of costs for the construction, reconstruction,
rehabilitation, improvement, alteration, or repair of any infrastructure
improvement project, and, from to time, modify the plans, specifications,
designs, or estimates of any infrastructure improvement project;
(9) 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 part, and engage the services of consultants on a contractual
basis for rendering professional and technical assistance and advice;
(10) Procure insurance against any loss in
connection with its property and other assets and operations in amounts and
from insurers as it deems desirable;
(11) Contract for and accept
gifts or grants in any form from any public agency or from any other source; and
(12) Do any and all things necessary to carry out
its purposes and exercise the powers given and granted in this part.
§206E-F
Transit-oriented development infrastructure improvement district program;
assessment; rules. (a)
The board shall develop a transit-oriented
development infrastructure improvement district program to identify infrastructure
improvements within each district. In
determining the required infrastructure improvements to be undertaken, the
board shall consider the strategic plan prepared by the Hawaii interagency
council for transit-oriented development pursuant to section 226-63(c) and
subsequent plans and studies prepared to further implement the strategic plan
and the transit-oriented development projects therein.
(b) Whenever the board determines
to undertake, or causes to be undertaken, any infrastructure improvement as
part of the program, the cost of providing the infrastructure improvement may
be assessed against the real property in each district specially benefiting
from the infrastructure improvement. The
board shall determine the areas of each district that will benefit from the
infrastructure improvement to be undertaken, and if less than the entire district
benefits, the board may establish assessment areas within the district. The board may issue and sell bonds in amounts
as may be authorized by the legislature to provide funds to finance the
infrastructure improvements. The board
may 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 the assessment is 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 transit-oriented development infrastructure
improvements shall be secured solely by the real properties benefited or
improved, the assessments thereon, or 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 board. 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
subject to rules adopted by the board pursuant to this section.
(d) Notwithstanding any
other law to the contrary, in assessing real property for transit-oriented
development infrastructure improvement, the board shall assess the real
property within an assessment area according to the special benefits conferred
upon the real property by the infrastructure improvement. 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 that assesses the real property according
to the special benefit conferred, or any combination thereof. No assessment levied against real property specially
benefited as provided by this part shall constitute a tax on real property
within the meanings of any constitutional or statutory provisions. No assessment shall be levied against real property
owned by the federal government, the State, or a county, or an agency thereof, without
the prior written consent of the owner.
(e) The board shall adopt
rules pursuant to chapter 91 to provide for the method of undertaking and
financing transit-oriented development infrastructure improvement in an
assessment area or an entire district. The
rules adopted pursuant to this section shall include but not be limited to:
(1) The methods by which the board shall establish assessment areas;
(2) The method of assessment of real properties specially benefited;
(3) The costs to be borne by the board, the county in which districts are situated, and the property owners;
(4) The procedures before the board relating to the creation of the assessment areas by the owners of real property therein, including provisions for petitions, bids, contracts, bonds, and notices;
(5) Provisions relating to assessments;
(6) Provisions relating to financing, including bonds, revolving funds, advances from available funds, special funds for payment of bonds, payment of principal and interest, and sale and use of the bonds;
(7) Provisions relating to funds and refunding of outstanding debts;
(8) Provisions relating to limitations on time to sue; and
(9) Other related provisions.
(f) Notwithstanding any other provisions to the contrary, the board may, in its discretion, enter into any agreement with the county in which the districts are located to implement all or part of the purposes of this section.
(g) All sums collected under this section shall be deposited into the transit-oriented development infrastructure improvement district special fund established under section 206E-G and shall be applied solely to:
(1) The payment of the principal and interest on the bonds and the cost of administering, operating, and maintaining the program;
(2) The establishment of reserves; and
(3) Other purposes as may be authorized in the proceedings providing for the issuance of the bonds.
If any surplus remains in the fund after the payment of the
bonds chargeable against the fund, it shall be credited to and become a part of
the fund.
(h) The transit-oriented
development infrastructure improvements to be financed through bonds issued by the
board may be dedicated to the county in which the infrastructure improvements
are to be located. The board shall ensure
that the infrastructure improvements are designed and constructed to meet
county requirements and shall enter into an agreement with the county for
dedication of the public facilities.
(i) Notwithstanding any law to the contrary, whenever it becomes necessary to remove, relocate, replace, or reconstruct public utility facilities that are part of a program, the board shall establish by rule the allocation of cost between the board, the affected public utilities, and the properties that may specially benefit from the improvement, if any. In determining the allocation of cost, the board shall consider the cost allocation policies for districts established by the county in which the removal, relocation, replacement, or reconstruction is to take place.
§206E-G Transit-oriented development infrastructure improvement
district special fund. (a) There
is established in the state treasury the transit-oriented development infrastructure
improvement district special fund, into which shall be deposited:
(1) All revenues, income, and receipts from the transit-oriented development infrastructure improvement district program;
(2) Moneys directed,
allocated, or disbursed to the 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 district;
(3) Assessments collected under
section 206E-F; and
(4) Moneys appropriated to the fund by the legislature.
(b) Moneys in the fund
shall be used only for the purposes of this part.
(c) Investment earnings
credited to the assets of the fund shall become part of the fund.
§206E-H
Memorandum of agreement. The
board may execute memoranda of agreement with appropriate governmental agencies.
§206E-I Annual comprehensive report. The
board shall submit an annual comprehensive report on the progress of
development within the district to the legislature no later than twenty days
prior to the convening of each regular session."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Transit-Oriented Development Infrastructure Improvement District; HCDA; DBEDT; Board; Program; Special Fund
Description:
Establishes the Transit-Oriented Development Infrastructure Improvement District under the Hawaii Community Development Authority. Requires the Transit-Oriented Development Infrastructure Improvement District Board to develop a program to identify necessary infrastructure improvements within the district. Establishes the Transit-Oriented Development Infrastructure Improvement District Special Fund. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
