HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PUBLIC SCHOOL REDEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that one of the major educational dilemmas of our time is rooted in an existing system that traps information-age students in agricultural-age schools. While the flow of information and ideas is increasingly fluid, students are confined to the physical structures and mindsets of an earlier time and place. Building, repairing, and retrofitting public schools to meet the challenges of the twenty-first century and beyond will not be easy, and the costs will be considerable. However, quality school infrastructure facilitates an environment that will prepare children to achieve and succeed in a highly competitive economy.
The infrastructure of the twenty-first century school must be energy efficient and wired with the latest technology. Classroom size must be flexible because the program, not the space, should determine the number of students per class. The school campus must be designed from its inception with student achievement in mind to maximize available land and student safety, and to offer the community multiple uses of existing structures. Most of Hawaii's school campuses fall short in these areas.
The legislature further finds that twenty-first century schools are also those that include a full complement of the people, programs, and places that support a wide range of personal learning styles and instructional modalities. Schools are often separated from personal and family service programs in urban and rural communities. One way to address this situation is to think about schools as the center of a community that can support all aspects of living and learning. The creation of school-centered communities will provide greater access to centrally located physical, cultural, social, economic, organizational, and educational programs and services that are within walking distance of children and families.
The considerable amount of underused public school lands on the State's two hundred fifty-seven school campuses is an untapped resource that would provide infrastructure that could make classrooms, campuses, and communities suitable for the twenty-first century. By way of illustration, a preliminary review by a real estate expert indicates that ten parcels that have unused lands are valued at $120,000,000 under existing surrounding uses. These lands could be developed solely for the benefit of Hawaii's public school children. The beneficiaries would be the children of Hawaii.
The purpose of this Act is to optimize the use of public school lands to generate opportunities to improve public school facilities and infrastructure to meet the challenges of the twenty-first century and to improve the overall quality of education in Hawaii. In particular, this Act establishes a three-year pilot program to generate revenue from uses for public purposes, such as workforce housing, to build and retrofit twenty-first century schools and create more school-centered communities. The pilot program will lay important groundwork for a statewide approach and plan to optimize public school lands and modernize public school facilities. This Act also establishes the school facilities special fund within chapter 302A, Hawaii Revised Statutes, into which shall be deposited all proceeds generated from the lease of public school lands. Moneys in the school facilities special fund will be used to build or upgrade twenty-first century school facilities.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§302A-A Pilot program for lease of public school land. (a) There shall be established within the office of the lieutenant governor a pilot program for the lease of public school land, including facilities. The lieutenant governor, in consultation with the department of education, the board of education, and any other appropriate agency, shall serve as the facilitator of the pilot program.
(b) Notwithstanding sections 171-13 and 302A‑1151, or any other law to the contrary, the department, as directed by the lieutenant governor, may lease public school land on terms it deems appropriate; provided that:
(1) The board may identify and select up to two public school land sites for participation in the pilot program; provided further that during the identification and selection process, the board shall be subject to chapter 92 and shall foster school and community participation;
(2) The department may lease public school land for the public school land sites identified and selected by the board pursuant to paragraph (1) under leases for a term of not more than fifty-five years per lease to lessees who shall be required to modify, construct, or utilize facilities to meet public purposes, including workforce rental housing units, in accordance with specific request for proposal or request for information guidelines; and
(3) Each lease shall stipulate that the lessee may retain any revenue generated from the facilities; provided that:
(A) The lessee shall be obligated to maintain and operate the facilities for a public purpose for the length of the lease;
(B) The lessee shall be obligated to pay to the county all applicable property tax on the value of any improvements;
(C) A leasehold premium may be charged to the lessee for the right to use the public school land based on a competitive bid process;
(D) Upon the expiration of the lease, the facilities shall revert to the department; and
(E) All revenues and proceeds derived by the State under this section shall be deposited in the school facilities special fund established under section 302A-B.
§302A-B School facilities special fund. (a) There is established a school facilities special fund into which shall be deposited all proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the non-permanent disposition of public school lands, including facilities, pursuant to section 302A-A.
(b) The school facilities special fund shall be administered by the department. Except as otherwise provided, all moneys in the school facilities special fund shall be used exclusively for the new construction and upgrade of twenty-first century school facilities, as well as the repair and maintenance of existing school facilities."
SECTION 3. Section 171C-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established the Hawaii
public land development revolving fund, to which shall be credited any state
appropriations to the fund, any sums collected as a result of bonds issued
pursuant to this chapter, any revenues generated from the facilities, except as
provided in [
sections] section 171C-17.5 [ and 171C-21], or
other moneys made available to the fund, to be expended as directed by the
SECTION 4. Section 171C-21, Hawaii Revised Statutes, is repealed.
facilities special fund. (a) There is established a school
facilities special fund into which shall be deposited all proceeds from leases,
permits, interest income generated from public school lands and facilities, and
other revenue generated from the non-permanent disposition of public school
lands and facilities under this chapter, less the following: (1) The principal and interest on bonds
issued pursuant to this chapter for projects on public school lands or
utilizing public school facilities; (2) The cost of administering, operating,
and maintaining projects on public school lands or utilizing public school
facilities, not to exceed fifteen per cent of the sums collected, net of
principal and interest payments on bonds; and (3) O ther sums that may be necessary
for the issuance of bonds under this chapter. (b) The school facilities special fund
shall be administered by the department of education in consultation with the
board of education. Except as otherwise provided, all moneys in the school
facilities special fund shall be used exclusively for the new construction and
upgrade of twenty-first century school facilities, and the retrofit and upgrade
of existing school facilities to meet twenty-first century school standards."]
SECTION 5. The lieutenant governor shall submit a report to the legislature no later than twenty days prior to the convening of the regular sessions of 2014 through 2016. The report shall provide the following:
(1) A timeline for the pilot program pursuant to this Act;
(2) A summary of the lieutenant governor's and the department of education's activities, results, and recommendations to optimize the use of public school lands as a means to build or renovate twenty-first century schools and school-centered communities;
(3) A summary of all school and community engagement efforts undertaken or that will be undertaken by the lieutenant governor and the department of education in carrying out the pilot program pursuant to this Act; and
(4) Any proposed legislation.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the public school lands pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 7. All moneys in the school facilities special fund established pursuant to section 171C-21, Hawaii Revised Statutes, as of the effective date of this Act, shall be transferred to the school facilities special fund established pursuant to section 2 of this Act.
SECTION 8. 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 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050; provided that section 302A-A, Hawaii Revised Statutes, shall be repealed on June 30, 2016.
Education; Public School Lands; Leases; Pilot Program; Appropriation
Establishes a three-year pilot program to generate revenue through the lease of public school lands for public purposes. Establishes the school facilities special fund within chapter 302A, HRS. Repeals the schools facilities special fund in chapter 171C, HRS. Requires the lieutenant governor to submit a report to the legislature. Makes an appropriation for the pilot program. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.