HOUSE OF REPRESENTATIVES

H.B. NO.

2747

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

 

 

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

 


     SECTION 1.  The legislature finds that successful planning for growth requires increasing the density of existing and new communities.  Well-designed and well-integrated higher-density development near a rail transit system can significantly reduce dependency on motor vehicles, which, in turn would reduce the adverse environmental impacts resulting from motor vehicle use.

     The legislature further finds that the Hawaii community development authority was established to supplement traditional community renewal methods by promoting and coordinating public and private sector community development in urban areas in the State.  The Hawaii community development authority is therefore uniquely suited to ensure the development of adequate housing near the rail corridor of the State's largest rail transit system.

     The purpose of this Act is to establish a transit-oriented development district under the Hawaii community development authority.

     SECTION 2.  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 DISTRICT

     §206E-A  Definitions.  For the purposes of this part:

     "District" means the transit-oriented development district.

     §206E-B  Transit-oriented development district; established; boundaries.  The transit-oriented development district is established as a community development district that the legislature has determined is in need of redevelopment.  The boundaries of the district shall encompass the area within a one-half mile radius from any location along the rail corridor of the largest rail transit system within a county with a population of five hundred thousand or more; provided that areas within the Kakaako community development district established pursuant to section 206E-32 shall be excluded from the transit-oriented development district.  The district shall be reclassified as an urban district under section 205-2.

     §206E-C  Projects; review.  Any residential project located within the district shall be exempt from all statutes, ordinances, charter provisions, and rules of any state or county government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units; provided that:

     (1)  The project is executed by a qualified person;

     (2)  All work on the project is performed by contractors and subcontractors licensed pursuant to chapter 444;

     (3)  The project meets minimum requirements of health and safety;

     (4)  The authority has approved the project with or without modifications, subject to the following conditions:

         (A)  The authority shall approve, approve with modification, or disapprove the project after the qualified person has submitted the preliminary plans and specifications for the project to the authority;

         (B)  No action shall be prosecuted or maintained against the authority, its members, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving the plans and specifications of a project; and

         (C)  The final plans and specifications for the project shall be deemed approved by the authority if the final plans and specifications do not substantially deviate from the preliminary plans and specifications.  The final plans and specifications for a project shall constitute the zoning, building, construction, and subdivision standards for that project.  For purposes of sections 501-85 and 502-17, the qualified person may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar."

     SECTION 3.  Section 46-142, Hawaii Revised Statutes, is amended to read as follows:

     "§46-142  Authority to impose impact fees; enactment of ordinances required[.]; exemption.  (a)  Impact fees may be assessed, imposed, levied, and collected by:

     (1)  Any county for any development, or portion thereof, not involving water supply or service; or

     (2)  Any board for any development, or portion thereof, involving water supply or service[;],

provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.

     (b)  Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study.  The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities.

     (c)  The Hawaii community development authority may grant an exemption from this part if it finds that there is sufficient justification pursuant to its rules."

     SECTION 4.  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; three representatives of the transit-oriented development district, comprising two residents of that district and one officer or director of a business in that district, nominated by the county council of the county in which the transit-oriented 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 and speaker of the house and the nine 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;

     (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)  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[.]; and

     (4)  For matters affecting the transit-oriented 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 transit-oriented  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] 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.

     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], and the governor shall provide for staggered terms of [the initially appointed voting] those 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.  Notwithstanding the foregoing, the initial terms of the three representatives of the transit-oriented development district initially appointed pursuant to Act    , Session Laws of Hawaii 2016, shall commence on March 1, 2017, and the governor shall provide for staggered terms of those members so that the initial term of one member selected by lot shall be for two years, the initial term of one member selected by lot shall be for three years, and the initial term of the remaining member 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 5.  The nomination and appointment by and with the advice and consent of the senate of the three representatives of the transit-oriented development district pursuant to section 4 of this Act shall take place as expeditiously as possible so that, to the extent possible, there are no vacancies in the membership of the authority as of March 1, 2017.  The applicable county council shall each submit lists of three nominees for each appointment, as required by section 4 of this Act, no later than December 30, 2016.  The governor shall make all appointments of members of the authority, including from each of the lists submitted, no later than January 29, 2017.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  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 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Hawaii Community Development Authority; Transit-Oriented Development

 

Description:

Designates the area within a one-half mile radius from any location along the rail corridor of the Honolulu rail transit system as the transit-oriented development district.  Excludes areas within the Kakaako community development district from the new district.  Add 3 members from the new district to the Hawaii community development authority.

 

 

 

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