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HOUSE OF REPRESENTATIVES

H.B. NO.

695

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DISPLACED LESSEES.

 

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

SECTION 1. Designation of a portion of the Kapalama Military Reservation as an eligible relocation site. As part of its efforts to redevelop the Kakaako waterfront area, the Hawaii Community Development Authority must relocate Produce Center Development, Ltd. ("Produce Center"), which is leasing approximately nine acres of land adjacent to the Kakaako Waterfront Park. Produce Center and its tenants together are a major supplier of fresh produce to a broad range of restaurants, hotels, hospitals, schools, military facilities, supermarkets, and other retail establishments, handling about 50% of the fresh produce imported to Oahu. As further indication that Produce Center and its tenants handle a large volume of fresh produce, the main offices of the Plant Quarantine Branch of the State Department of Agriculture is situated adjacent to the Produce Center site. Between 75%-80% of the fresh produce handled by Produce Center comes by maritime freight, about 6% arrives by air freight, with the remainder trucked in from various locations on Oahu. The Legislature recognizes the importance of maintaining a ready and abundant supply of fresh produce to Hawaii and that Produce Center, and other similar fresh produce importers and distributors, be able to continue their operations from an area in close proximity to the maritime waterfront. The State, through its Board of Land and Natural Resources, is planning to establish an industrial park within a portion of the area presently known as the Kapalama Military Reservation near Honolulu Harbor on the island of Oahu to accommodate fresh produce importers and distributors such as Produce Center, together with the Plant Quarantine Branch of the State Department of Agriculture. Designating a portion of the Kapalama Military Reservation as an eligible relocation site under section 171-142, Hawaii Revised Statutes, and as an industrial park under section 171-132, Hawaii Revised Statutes, and recognizing Produce Center and other similarly situated lessees as qualified displaced lessees, would enable the State to directly negotiate leases with such displaced lessees for the portion of the Kapalama Military Reservation. The Legislature desires to permit the State to directly negotiate leases with such displaced lessees and hereby designates the following described area as an eligible relocation site under section 171-142, Hawaii Revised Statutes, which will enable those qualifying as displaced lessees under section 171-142, Hawaii Revised Statutes, to receive the benefits available thereunder: The area is approximately 12.6 acres, consisting of the areas described as Tax Map Key Nos. 1-2-25:46, 54, 56, 57 and 58 and the surrounding yard areas and is bounded (a) on the mauka side by Auiki Street, (b) on the makai side by the makai boundaries of the yard areas surrounding Tax Map Key Nos. 1-2-25:46, 56, 57 and 58, (c) on the ewa side by the extension of Mokauea Street and (d) on the diamond head side by the Pier 41 access road.

SECTION 2. Designation of a portion of Kapalama Military Reservation as an industrial park. The Legislature finds that the following described portion of the area known as the Kapalama Military Reservation, situated near Honolulu Harbor on the island of Oahu, consisting of approximately 12.6 acres and suitably and economically feasible for industrial use, is hereby designated as an industrial park under section 171-132, Hawaii Revised Statutes: The portion of the Kapalama Military Reservation described as Tax Map Key Nos. 1-2-25:46, 54, 56, 57 and 58 and their surrounding yard areas and bounded (a) on the mauka side by Auiki Street, (b) on the makai side by the makai boundaries of the yard areas surrounding Tax Map Key Nos. 1-2-25:46, 56, 57 and 58, (c) on the ewa side by the extension of Mokauea Street and (d) on the diamond head side by the Pier 41 access road.

SECTION 3. All existing revocable permits covering any portion of the above-described portion of the Kapalama Military Reservation shall be deemed terminated no later than thirty (30) days after the effective date of this Act. It is the intent that no permittees under such existing revocable permits, due to their occupancy of the above-described portion of the Kapalama Military Reservation, be eligible for the preference granted to displaced lessees under section 171-142, Hawaii Revised Statutes. The effective date for the designation of the above described portion of the Kapalama Military Reservation as an industrial park under section 171-132, Hawaii Revised Statutes, shall be sixty (60) days after the effective date of this Act.

SECTION 4. Section 171-142(a), Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) For purposes of this section:

(1) "Dislocated lessee" means any lessee engaged in commercial or industrial uses who has been or will be displaced [from private property which is acquired] by the State or any county [for public use] by the power of eminent domain or threat thereof from property which is being acquired or already owned by the State or any county; and

(2) "Eligible relocation site" means a site either (i) in an existing industrial park created under this chapter or (ii) on other state land[,] designated as an industrial park under this chapter; and any such site must be designated as an appropriate relocation site for dislocated lessees by law, or by resolution adopted by the board of land and natural resources and approved by the legislature by concurrent resolution."

SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, except that the effective date for the designation of the above described portion of the Kapalama Military Reservation as an industrial park under section 171-132, Hawaii Revised Statutes, shall be sixty (60) days after the effective date of this Act.

 

INTRODUCED BY:

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