HOUSE OF REPRESENTATIVES

H.B. NO.

1021

TWENTY-EIGHTH LEGISLATURE, 2015

 

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.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§206E‑    Developers to abide by representations and commitments.  A developer who proposes to develop lands under the authority's control and whose proposal is approved by the authority shall abide by all representations and commitments made in the permit application process."

     SECTION 2.  Section 206E-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are by law to be determined after an opportunity for agency hearing."

     SECTION 3.  Section 206E-5.6, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  The authority shall issue a public notice in accordance with section 1‑28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted.  Public notice issued pursuant to this subsection for public hearings on the acceptance of a developer's proposal to develop lands under the authority's control shall state that any written motion to intervene as a formal party to the proceeding shall be received within [twenty days after the publication date of the public notice.] thirty days after the first public hearing."

     2.  By amending subsection (i) to read:

     "(i)  The authority shall not approve any developer's proposal to develop lands under the authority's control unless the authority finds that the proposed development project is reasonable and is consistent with the development rules and policies of the relevant development district.  In making its finding pursuant to this subsection, the authority shall [consider:

     (1)  The extent to which the] find that:

     (1)  The proposed project:

         (A)  Advances the goals, policies, and objectives of the applicable district plan;

         (B)  Protects, preserves, or enhances desirable neighborhood characteristics through compliance with the standards and guidelines of the applicable district rules;

         (C)  Avoids a substantially adverse effect on surrounding land uses through compatibility with the existing and planned land use character of the surrounding area; [and]

         (D)  Provides housing opportunities for all income groups, particularly low, moderate, and other qualified income groups; and

         (E)  Addresses concerns expressed by community residents and stakeholders; and

     (2)  [The impact of the proposed project on the following areas of urban design, as applicable:] There are no negative impacts on:

         (A)  Pedestrian oriented development, including complete streets design;

         (B)  Transit oriented development, including rail, bus, and other modes of rapid transit; [and]

         (C)  Community amenities such as gathering places, community centers, culture and arts facilities, and the full array of public facilities normally provided by the public sector;

    [(3)  The impact of the proposed project on the following areas of state concern:

        (A)(D)  Preservation of important natural systems or habitats;

       [(B)(E)  Maintenance of valued cultural, historical, or natural resources;

       [(C)(F)  Maintenance of other resources relevant to the State's economy;

       [(D)(G)  Commitment of state funds and resources;

       [(E)(H)  Employment opportunities and economic development; and

       [(F)(I)  Maintenance and improvement of the quality of educational programs and services provided by schools[;

     (4)  The representations and commitments made by the developer in the permit application process]."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Community Development Authority; Public Hearings; Contested Cases

 

Description:

Adds a definition for "contested case".  Amends the deadline to intervene in a proceeding to accept a developer's proposal to thirty days after the first public hearing on a developer's proposal.  Requires HCDA to make certain findings on the proposed project and its impacts, including concerns expressed by community residents and stakeholders, in order to approve the proposed development.  Requires developers to abide by all representations and commitments made in the permit application process.

 

 

 

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