HOUSE OF REPRESENTATIVES

H.B. NO.

2520

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT.

 

 

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

 


     SECTION 1.  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;] 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] six 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; and

     (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].

     In the event of a vacancy, 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 governor shall provide for staggered terms of the initially appointed voting 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.

     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] that is independently owned and [which] that is not dominant in its field of operation."

     SECTION 2.  Section 212-5.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§212-5.5[]]  Foreign-trade zone; jurisdiction.  Anything to the contrary notwithstanding, the department of business, economic development, and tourism shall have jurisdiction and administrative authority over the area in the vicinity of Piers 1 and 2 currently being used as a foreign-trade zone.  This area is defined as all of parcels 2 and 3-A of the Forrest Avenue subdivision, as shown on the map filed in the bureau of conveyances of the State of Hawaii, as file plan 2335, and lot A-1, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328; provided that all existing easements affecting and appurtenant to the parcels to be deleted from the former Kakaako community development district boundaries prior to the effective date of Act    , Session Laws of Hawaii 2016, shall not be affected by this change."

     SECTION 3.  Section 266-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§266-1.5[]]  Honolulu harbor Piers 1 and 2; jurisdiction.  Any law to the contrary notwithstanding, the department of transportation shall have jurisdiction and administrative authority over Honolulu harbor Piers 1 and 2 and the contiguous backup fast lands currently used for manifested cargo and passenger operations.  This area is defined as all of lot 3 and parcels A and B of the Forrest Avenue subdivision, as shown on the map filed with the bureau of conveyances of the State of Hawaii, as file plan 2335, and lot A-2, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328; provided that all existing easements affecting and appurtenant to the parcels to be deleted from the former Kakaako community development district boundaries prior to the effective date of Act    , Session Laws of Hawaii 2016, shall not be affected by this change."

     SECTION 4.  Chapter 206E, part II, Hawaii Revised Statutes, is repealed.

     SECTION 5.  By July 1, 2018, all powers vested in the Hawaii community development authority relating to the Kakaako community development district established pursuant to chapter 206E, Hawaii Revised Statutes, shall be transferred to the city and county of Honolulu.

     SECTION 6. (a) By July 1, 2018:

     (1)  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii community development authority relating to the functions transferred to the city and county of Honolulu shall be transferred with the functions to which they relate; and

     (2)  All rules, policies, procedures, guidelines, and other material adopted or developed by the Hawaii community development authority to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the city and county of Honolulu by this Act shall remain in full force and effect until amended or repealed by the city and county of Honolulu pursuant to chapter 91, Hawaii Revised Statutes.  In the interim period between the effective date of this Act and July 1, 2018, every reference to the Hawaii community development authority in those rules, policies, procedures, guidelines, and other material is amended to refer to the city and county of Honolulu, as appropriate.

     (b)  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the Hawaii community development authority, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the city and county of Honolulu by this Act shall remain in full force and effect.  By July 1, 2018, every reference to the Hawaii community development authority in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the city and county of Honolulu, as appropriate.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 9.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

HCDA; Kakaako

 

Description:

Repeals the Kakaako community development district.  (HB2520 HD1)

 

 

 

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