Bill Text: HI SB3122 | 2014 | Regular Session | Amended
Bill Title: Hawaii Community Development Authority; Residential Development
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2014-04-25 - Conference committee meeting to reconvene on 04-25-14 4:45pm in conference room 312. [SB3122 Detail]
Download: Hawaii-2014-SB3122-Amended.html
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THE SENATE |
S.B. NO. |
3122 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the office of Hawaiian affairs was established under the Hawaii State Constitution and chapter 10, Hawaii Revised Statutes, to, among other responsibilities, advocate for and better the conditions of native Hawaiians and Hawaiians.
The legislature further finds that to fulfill its constitutional mission under sections 4 and 6 of article XII of the Hawaii State Constitution and statutory mission under chapter 10, Hawaii Revised Statutes, the office of Hawaiian affairs was given the responsibility to manage and administer lands, income, and proceeds set aside for the specific purpose of bettering the conditions of native Hawaiians and Hawaiians, including a pro rata portion of the public land trust. The legislature recognizes that the public land trust, created by the Admission Act of 1959, comprises former Hawaiian Kingdom crown and government lands, and is held in trust for the general public and native Hawaiians and Hawaiians. The legislature recognizes that despite constitutional and statutory mandates, it was only after over thirty years of litigation and advocacy, including multiple Hawaii supreme court decisions, that the legislature, office of Hawaiian affairs, and governor agreed upon a transfer of lands to discharge claims relating to the nonpayment of public land trust revenues from the State to the office of Hawaiian affairs between November 7, 1978, and June 30, 2012, as described in Act 15, Session Laws of Hawaii 2012 (Act 15). The legislature finds that Act 15 intended, in part, to provide the office of Hawaiian affairs with an opportunity to obtain land assets that can provide a revenue stream that will increase its capacity to deliver programs and services to its beneficiaries.
The legislature finds that lands transferred under Act 15 may require certain residential entitlements to afford the office of Hawaiian affairs the necessary flexibility to obtain the meaningful revenue stream as intended under Act 15. Allowing residential development on certain lands transferred to the office of Hawaiian affairs will allow the agency to continue to carry out the State's moral and legal responsibilities to address the historical injustices suffered by the Hawaiian people as well as the ongoing negative disparities relating to the health, economic, housing, food security, educational, and environmental condition of Native Hawaiians and their communities.
Accordingly, the purpose of this Act is to allow the office of Hawaiian affairs to seek residential development on a specified subset of land parcels transferred to the office of Hawaiian affairs pursuant to Act 15, subject to public hearing and input requirements to hear and expressly consider the concerns of the public relating to the use and development of those parcels.
SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows:
"§206E-A Limited residential development in Kakaako; public hearing prerequisite; height limit; association fee. (a) The authority may approve any plan or proposal for any residential development in Kakaako on any parcels identified as tax map keys and Lots and of File Plan filed at the bureau of conveyances on ; provided that the authorization for residential development pursuant to this section shall apply to each of these land areas even in the event that a parcel's official tax map key number changes; provided further that approval may be granted only after the applicant seeking approval conducts a public hearing held in accordance with subsection (b), notwithstanding hearing procedures under chapter 91.
(b) Prior to submission to the authority of any plan or proposal for any residential development pursuant to this section, the applicant seeking approval shall hold a public hearing after notice is published, in accordance with section 1‑28.5, at least thirty days prior to the hearing. The notice shall include:
(1) The date, time, and place of the hearing;
(2) A statement of the topic of the hearing; and
(3) A description of where, when, and how the residential development proposal may be viewed by the public.
All interested persons may submit data or opinions, orally or in writing, in conjunction with the hearing.
(c) Prior to submitting to the authority for approval any plan or proposal for residential development pursuant to this section, the applicant for approval shall fully consider all written and oral submissions allowed pursuant to subsection (b) with regard to the proposed residential development.
(d) Prior to approving any plan or proposal for residential development pursuant to this section, the authority shall hold a public hearing in accordance with subsection (b).
(e) Prior to approving any plan or proposal for residential development, pursuant to this section, the authority shall fully consider all written and oral submissions received at the public hearings held by the applicant and the authority.
(f) Any other law to the contrary notwithstanding, the building height limit shall be feet for residential development pursuant to this section on the parcels identified by tax map keys and Lot of File Plan filed at the bureau of conveyances on .
§206E-B Kakaako makai association fee. The authority shall determine a Kakaako makai association fee to be collected from all residential developments in Kakaako on lands identified in section 206E-A(a); provided that the fee shall be collected from residential owners.
§206E-C Kakaako makai special account. Kakaako makai association fees collected pursuant to section 206E-B shall be deposited into a special account in the Hawaii community development revolving fund established in section 206E-16. Moneys from the special account shall be used to fund various services and projects, including but not limited to maintenance, improvements, free public parking for park users, public beach access, security, and parks and open spaces, for the Kakaako community development district makai of Ala Moana boulevard and between Kewalo basin and the foreign trade zone. Disbursements from the account shall be made in accordance with procedures adopted by the authority and approved by the director of finance."
SECTION 3. Section 206E-12, Hawaii Revised Statutes, is amended to read as follows:
"§206E-12 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.
This section shall not apply to lands identified in section 206E-A(a)."
SECTION 4. Section 206E-31.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-31.5[]]
Prohibitions. Anything contained in this chapter to the contrary
notwithstanding[,] and except as provided in section 206E-A, the
authority is prohibited from:
(1) Selling or otherwise assigning the fee simple interest in any lands in the Kakaako community development district to which the authority in its corporate capacity holds title, except with respect to:
(A) Utility easements;
(B) Remnants as defined in section 171-52;
(C) Grants to any state or county department or agency; or
(D) Private entities for purposes of any easement, roadway, or infrastructure improvements; or
(2) Approving any plan or proposal for any residential development in that portion of the Kakaako community development district makai of Ala Moana boulevard and between Kewalo basin and the foreign trade zone."
SECTION 5. In codifying the new sections added by section 2 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Hawaii Community Development Authority; Residential Development
Description:
Authorizes residential development by OHA on specified parcels in Kakaako Makai subject to public hearing, HCDA approval, and association fees to fund services and projects. Exempts development from public facilities dedication requirement. Effective July 1, 2050. (SB3122 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
