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THE SENATE |
S.B. NO. |
794 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to special improvement district.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that in 1999, it authorized the counties to create special improvement
districts to provide and finance supplemental improvements in these important
districts for the purpose of restoring or promoting business activity. The legislature also finds that since then, the
needs and demands in these districts have broadened to include the management
or mitigation of environmental and other conditions that impact them. More specifically, the legislature finds that
Hawaii is being exposed to a variety of threats that impact its environment and
ecosystems, including coastal hazards and effects of climate change, such as: the increase in the frequency and severity of
storms and drought; sea-level rise; groundwater inundation; and coastal erosion.
These threats are of particular concern to
the State due to its island topography and substantial coastal exposure.
The purpose of this bill is to reinforce the counties' authority to create special improvement districts and to bolster their efforts in achieving the objective of these districts by including the protection, preservation, and where desirable, restoration and improvement of environmental quality, as the purpose and rationale for special improvement districts.
SECTION 2. Section 46-80.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§46-80.5 Special improvement
district. (a) In addition and supplemental to the authority
vested in the counties by sections 46-80 and 46-80.1, any county having a
charter may enact an ordinance, and may amend the same from time to time,
authorizing the creation of special improvement districts [for the purpose of].
The purposes of creating the districts include
but are not limited to:
(1) Providing
and financing supplemental maintenance and security services;
(2) Environmental research,
restoration, and maintenance;
(3) Natural
resource management;
(4) Natural hazard
mitigation; and [such other]
(5) Other improvements, services, and facilities within the special improvement district as the council of the county determines will improve environmental conditions, provide community benefits, and restore or promote business activity in the special improvement district and the making and financing of improvements therein.
Each separate special improvement district shall be established by a separate ordinance enacted as provided in the ordinance authorizing the creation of special improvement districts. The ordinance authorizing the creation of special improvement districts may permit the county to provide for a board or association, established pursuant to chapter 414D, to provide management of the special improvement district, and to carry out activities as may be prescribed by the ordinance authorizing the creation of special improvement districts and the ordinance establishing the special improvement district as permitted thereby."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Environmental Protection; County Government; Special Improvement District
Description:
Expands the purpose and rationale for which counties may create special improvement districts to include environmental research, restoration, and maintenance; natural resource management; and natural hazard mitigation to improve environmental conditions and provide community benefits.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.