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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to authorize the
 2 Barbers Point naval air station redevelopment commission to
 3 arrange for or provide infrastructure services, including
 4 utilities, roadway maintenance and repair, security, and other
 5 services, that may be required by the owners of properties being
 6 conveyed by the United States Navy under the base realignment and
 7 closure action and to recoup the costs for these services,
 8 including maintenance and administrative costs, from the owners
 9 of the properties, make changes to the composition of the members
10 of the commission to reflect the recent reorganization of the
11 city and county of Honolulu administration; and authorize the
12 commission to establish advisory committees as it deems
13 appropriate.
14      SECTION 2.  Section 206G-3, Hawaii Revised Statutes, is
15 amended to read as follows:
16        [[]206G-3[]]  Barbers Point Naval Air Station
17 redevelopment commission; established.(a)  There is
18 established within the department of business, economic
19 development, and tourism, for administrative purposes, the

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 1 Barbers Point Naval Air Station redevelopment commission, which
 2 shall be a body corporate and a public instrumentality of the
 3 State for the purpose of implementing this chapter.
 4      (b)  The purpose of the commission shall be to act as the
 5 local redevelopment authority to facilitate the redevelopment of
 6 Barbers Point Naval Air Station in accordance with the Barbers
 7 Point Naval Station community reuse plan.  The commission's
 8 duties shall include but not be limited to:
 9      (1)  Coordinating with the Navy and other entities during
10           the preparation of an environmental impact statement
11           and conduct of remediation activities for the Barbers
12           Point Naval Air Station community reuse plan;
13      (2)  Assisting the landholders designated by the plan in the
14           marketing of their properties and the preparation and
15           processing of conveyance requests;
16      (3)  Assisting the Navy by providing infrastructure services
17           after the closure of Barbers Point Naval Air Station as
18           necessary;
19      (4)  Working with the Navy and others to provide
20           infrastructure support to the existing developed area,
21           which is referred to as the "downtown area and other
22           federally retained areas;
23      (5)  Developing the infrastructure necessary to support the

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 1           implementation of the Barbers Point Naval Air Station
 2           community reuse plan; and
 3      (6)  Providing, to the extent feasible, maximum opportunity
 4           for the reuse of surplus property by private enterprise
 5           or state and local government.
 6      (c)  The commission shall consist of fifteen voting members
 7 as follows:
 8      (1)  The state director of business, economic development,
 9           and tourism; the chairperson of the board of land and
10           natural resources; the adjutant general; the
11           chairperson of the Hawaiian homes commission; and the
12           director of transportation, or their designated
13           representatives, shall serve as ex-officio voting
14           members;
15      (2)  The county chief planning officer; the director and
16           chief engineer of [public works;] facility maintenance;
17           the director of [housing and community development;]
18           community services; and the director of transportation
19           services, or their designated representatives, shall
20           serve as ex-officio voting members;
21      (3)  Six voting members shall be appointed for staggered
22           terms as follows:
23           (A)  The governor shall appoint one member from a list

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 1                of three nominees submitted by the chair of the
 2                Makakilo/Kapolei/Honokai Hale neighborhood board;
 3           (B)  The governor shall appoint one member from a list
 4                of three nominees submitted by the chair of the
 5                Ewa neighborhood board;
 6           (C)  The governor shall appoint, subject to the advice
 7                and consent of the senate, two members from the
 8                general public;
 9           (D)  The mayor of Honolulu shall select one member from
10                the general public; and
11           (E)  The Honolulu city council shall select one member
12                from the general public.
13      (d)  The commission shall select a chairperson and such
14 other officers as it may deem necessary from among its members.
15      (e)  The commander, naval base Pearl Harbor and commanding
16 officer, naval air station Barbers Point may serve as non-voting
17 ex-officio members of the commission.
18      (f)  A majority of all voting members shall constitute a
19 quorum to do business, and the concurrence of a majority of all
20 voting members shall be necessary to make any action of the
21 commission valid.  All members shall continue in office until
22 their respective successors, selected in the same manner and
23 representing the same community of interest, have been appointed

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 1 and qualified.
 2      (g)  The commission shall hire an executive director for the
 3 commission.  The Hawaii community development authority shall
 4 [make available employees of the authority to staff] assist the
 5 commission as the commission deems necessary.
 6      (h)  Members appointed under subsection (c) shall serve
 7 without compensation, but each shall be reimbursed for expenses
 8 including travel expenses incurred in the performance of their
 9 duties.
10      (i)  The commission may establish advisory committees as it
11 deems necessary.
12      SECTION 3.  Section 206G-4, Hawaii Revised Statutes, is
13 amended to read as follows:
14        [[]206G-4[]]  Powers; generally.  In its role as local
15 redevelopment authority for the redevelopment of the Kalaeloa
16 community development district, and except as otherwise limited
17 by this chapter, the commission may:
18      (1)  Sue and be sued;
19      (2)  Have a seal and alter the same at pleasure;
20      (3)  Make and execute contracts and all other instruments
21           necessary or convenient for the exercise of its powers
22           and functions under this chapter;
23      (4)  Make and alter bylaws for its organization and internal

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 1           management;
 2      (5)  Make rules with respect to its projects, operations,
 3           properties, and facilities, in conformance with chapter
 4           91;
 5      (6)  Through its executive director appoint officers,
 6           agents, and employees, prescribe their duties and
 7           qualifications, and fix their salaries, without regard
 8           to chapters 76 and 77;
 9      (7)  Acquire, reacquire, or contract to acquire or reacquire
10           by grant, lease, or purchase real, personal, or mixed
11           property or any interest therein; to own, hold, clear,
12           improve, and rehabilitate, and to sell, assign,
13           exchange, transfer, convey, lease, or otherwise dispose
14           of or encumber the same;
15      (8)  Acquire or reacquire by condemnation real, personal, or
16           mixed property or any interest therein for public
17           facilities, including but not limited to streets,
18           sidewalks, parks, schools, utility systems, and other
19           public improvements;
20      (9)  By itself, or in partnership with qualified persons,
21           acquire, reacquire, construct, reconstruct,
22           rehabilitate, improve, alter, or repair or provide for
23           the construction, reconstruction, improvement,

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 1           alteration, or repair of any project; own, hold, sell,
 2           assign, transfer, convey, exchange, lease, or otherwise
 3           dispose of or encumber any project, and in the case of
 4           the sale of any project, accept a purchase money
 5           mortgage in connection therewith; and repurchase or
 6           otherwise acquire any project which the commission has
 7           theretofore sold or otherwise conveyed, transferred, or
 8           disposed of;
 9     (10)  Arrange or contract for the planning, replanning,
10           opening, grading, or closing of streets, roads,
11           roadways, alleys, or other places, or for the
12           furnishing of facilities or for the acquisition of
13           property or property rights or for the furnishing of
14           property or services in connection with a project;
15     (11)  Grant options to purchase any project or renew any
16           lease entered into by it in connection with any of its
17           projects, on such terms and conditions as it deems
18           advisable;
19     (12)  Prepare or cause to be prepared plans, specifications,
20           designs, and estimates of costs for construction,
21           reconstruction, rehabilitation, improvement,
22           alteration, or repair of any project, and from time to
23           time to modify such plans, specifications, designs, or

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 1           estimates;
 2     (13)  Provide advisory, consultative, training, and
 3           educational services, technical assistance, and advice
 4           to any person, partnership, or corporation, either
 5           public or private, in order to carry out the purposes
 6           of this chapter, and engage the services of consultants
 7           on a contractual basis for rendering professional and
 8           technical assistance and advice;
 9     (14)  Contract for and accept gifts [or], grants, utility
10           systems, roadway systems, or other improvements in any
11           form from any public agency or from any other source;
12           [and]
13     (15)  Arrange for or provide interim services, including, but
14           not limited to, utilities, roadway maintenance and
15           repair, security, and other services to the owners of
16           properties being conveyed by the Navy under the base
17           realignment and closure action; and recoup the costs
18           for these services including maintenance and
19           administrative costs from the owners of the properties
20           in proportion to their use of the services or benefits
21           therefrom; and
22    [(15)] (16)  Do any and all things necessary to carry out its
23           purposes and exercise the powers given and granted in

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 1           this chapter.
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 3 New statutory material is underscored.
 4      SECTION 5.  This Act shall take effect upon its approval.
 6                           INTRODUCED BY: ________________________

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