Report Title:

Hawaiian Homes Commission Act; Available Lands; Zoning

 

Description:

Clarifies that land use laws apply to available Hawaiian home lands that are disposed of to the public and are not leased to native Hawaiians for homesteading purposes.  (HB3421 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3421

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LAND USE.

 

 

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

 


     SECTION 1.  Section 204 of the Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:

     "(a)  Upon the passage of this Act, all available lands shall immediately assume the status of Hawaiian home lands and be under the control of the department to be used and disposed of in accordance with the provisions of this Act, except that:

     (1)  In case any available land is under lease by the Territory of Hawaii, by virtue of section 73 of the Hawaiian Organic Act, at the time of the passage of this Act, such land shall not assume the status of Hawaiian home lands until the lease expires or the board of land and natural resources withdraws the lands from the operation of the lease.  If the land is covered by a lease containing a withdrawal clause, as provided in section 73(d) of the Hawaiian Organic Act, the board of land and natural resources shall withdraw such lands from the operation of the lease whenever the department gives notice to the board that the department is of the opinion that the lands are required by it for the purposes of this Act; and such withdrawal shall be held to be for a public purpose within the meaning of that term as used in section 73(d) of the Hawaiian Organic Act.

     (2)  Any available land, including lands selected by the department out of a larger area, as provided by this Act, not leased as authorized by section 207(a) of this Act, may be returned to the board of land and natural resources as provided under section 212 of this Act, or may be retained for management by the department.  Any Hawaiian home lands general lease issued by the department after June 30, 1985, shall contain a withdrawal clause allowing the department to withdraw the land leased at any time during the term of the lease for the purposes of this Act.

              In the management of any retained available lands not required for leasing under section 207(a), the department may dispose of those lands or any improvements thereon to the public, including native Hawaiians, on the same terms, conditions, restrictions, and uses applicable to the disposition of public lands in chapter 171, Hawaii Revised Statutes[;], including, without limitation, the sections of chapter 171, Hawaii Revised Statutes, relating to county zoning, subdivision, and other land use requirements; provided that the department may not sell or dispose of such lands in fee simple except as authorized under section 205 of this Act; provided further that the department is expressly authorized to negotiate, prior to negotiations with the general public, the disposition of Hawaiian home lands or any improvements thereon to a native Hawaiian, or organization or association owned or controlled by native Hawaiians, for commercial, industrial, or other business purposes, in accordance with the procedures set forth in chapter 171, Hawaii Revised Statutes.

     (3)  The department, with the approval of the Secretary of the Interior, [in order] to consolidate its holdings or to better effectuate the purposes of this Act, may exchange the title to available lands for land, privately or publicly owned, of an equal value.  All lands so acquired by the department shall assume the status of available lands as though the land were originally designated as available lands under section 203 of this Act, and all lands so conveyed by the department shall assume the status of the land for which it was exchanged.  The limitations imposed by section 73(l) of the Hawaiian Organic Act and the land laws of Hawaii as to the area and value of land that may be conveyed by way of exchange shall not apply to exchanges made pursuant hereto.  No such exchange of land publicly owned by the State shall be made without the approval of two-thirds of the members of the board of land and natural resources.  For the purposes of this paragraph, lands "publicly owned" means land owned by a county or the State or the United States."

     SECTION 2.  Section 204.5 of the Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:

     "[[]§204.5.[]]  Additional powers.  (a)  In addition and supplemental to the powers granted to the department by law, and notwithstanding any law to the contrary, the department may:

     (1)  With the approval of the governor, undertake and carry out the development of any Hawaiian home lands available for lease under and pursuant to section 207 of this Act by assembling these lands in residential developments and providing for the construction, reconstruction, improvement, alteration, or repair of public facilities therein, including, without limitation, streets, storm drainage systems, pedestrian ways, water facilities and systems, sidewalks, street lighting, sanitary sewerage facilities and systems, utility and service corridors, and utility lines, where applicable, sufficient to adequately service developable improvements therein, sites for schools, parks, off-street parking facilities, and other community facilities;

     (2)  With the approval of the governor, undertake and carry out the development of available lands for homestead, commercial, and multipurpose projects as provided in section 220.5 of this Act, as a developer under this section or in association with a developer agreement entered into pursuant to this section by providing for the construction, reconstruction, improvement, alteration, or repair of public facilities for development, including, without limitation, streets, storm drainage systems, pedestrian ways, water facilities and systems, sidewalks, street lighting, sanitary sewerage facilities and systems, utility and service corridors, and utility lines, where applicable, sufficient to adequately service developable improvements therein, sites for schools, parks, off-street parking facilities, and other community facilities; provided that any development of available lands for a commercial project pursuant to this section, including any portion of a multipurpose project that is not a homestead project, shall be developed in compliance with county zoning, subdivision, and other land use requirements;

     (3)  With the approval of the governor, designate by resolution of the commission all or any portion of a development or multiple developments undertaken pursuant to this section an "undertaking" under part III of chapter 39, Hawaii Revised Statutes; and

     (4)  Exercise the powers granted under section 39-53, Hawaii Revised Statutes, including the power to issue revenue bonds from time to time as authorized by the legislature.

     (b)  All provisions of part III of chapter 39, Hawaii Revised Statutes, shall apply to the department and all revenue bonds issued by the department shall be issued pursuant to the provisions of that part, except these revenue bonds shall be issued in the name of the department, and not in the name of the State.

     As applied to the department, the term "undertaking" as used in part III of chapter 39 shall include a residential development or a development of homestead, commercial, or multipurpose projects under this Act.  The term "revenue" as used in part III of chapter 39, shall include all or any portion of the rentals derived from the leasing of Hawaiian home lands or available lands, whether or not the property is a part of the development being financed."

     SECTION 3.  Section 220.5 of the Hawaiian Homes Commission Act, 1920, as amended, is amended as follows:

     1.   By amending subsection (a) to read:

     "(a)  Notwithstanding any law to the contrary, the department [is] shall be authorized to enter into and carry out contracts to develop available lands for homestead, commercial, and multipurpose projects; provided that [the]:

     (1)  The department shall not be subject to the requirements of competitive bidding if no state funds are to be used in the development of the project[.]; and

     (2)  Any development of available lands for a commercial project pursuant to this section, including any portion of a multipurpose project that is not a homestead project, shall be developed in compliance with county zoning, subdivision, and other land use requirements."

     2.   By amending subsection (c) to read:

     "(c)  Any project developer agreement entered into pursuant to this section shall include the following terms and conditions, wherever appropriate:

     (1)  A requirement that the developer file with the department a good and sufficient bond conditioned upon the full and faithful performance of all the terms, covenants, and conditions of the project developer agreement;

     (2)  The use or uses to which the land will be put;

     (3)  The dates on which the developer must submit to the department for approval preliminary plans and final plans and specifications for the total development.  No construction shall commence until the department has approved the final plans and specifications; provided that construction on an incremental basis may be permitted by the department;

     (4)  The date of completion of the total development, including the date of completion of any permitted incremental development;

     (5)  The minimum requirements for off-site and on-site improvements that the developer must install, construct, and complete by the date of completion of the total development.  The department may permit incremental development and establish the minimum requirements for off-site and on-site improvements that must be installed, constructed, and completed prior to the date of completion of the total development; [and]

     (6)  A requirement that the developer develop the commercial project, or the portion of the multipurpose project that is not a homestead project, in compliance with county zoning, subdivision, and other land use requirements; and

    [(6)] (7)  Any other terms and conditions deemed necessary by the department to protect the interests of the State and the department."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

     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, 2020.