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HOUSE OF REPRESENTATIVES

H.B. NO.

1134

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE ALOHA TOWER COMMUNITY DEVELOPMENT DISTRICT.

 

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

SECTION 1. The legislature finds that the redevelopment efforts currently undertaken on Honolulu's waterfront area are being conducted by two separate entities: the Hawaii community development authority and the Aloha Tower development corporation. Both of these areas are part of the Honolulu waterfront master plan, and present unique opportunities for economic development and job creation for the State. The legislature finds that these two agencies, having similar missions, and for the purposes of streamlining government operation and to provide better coordination in future developments, are ideally suited for a consolidation in order to enhance the prospects for success.

The purpose of this Act is to transfer the responsibility for redeveloping the area known as the Aloha Tower complex from the Aloha Tower development corporation to the Hawaii community development authority.

SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . ALOHA TOWER COMMUNITY DEVELOPMENT DISTRICT

206E-A Aloha Tower community development district; authority to redevelop established. (a) The Hawaii community development authority shall be the designated agency of the State for the purpose of implementing this part.

(b) A purpose of the authority is to undertake the redevelopment of the Aloha Tower community development district to:

(1) Strengthen the international economic base of the community in trade activities;

(2) Enhance the beautification of the waterfront;

(3) Better serve modern maritime uses; and

(4) Provide for public access and use of the waterfront property.

206E-B Aloha Tower community development district; designated boundaries. The Aloha Tower community development district is established. The district shall include the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection with the makai boundary of tax map key 1-7-1:6; northeast along River Street to its intersection with King Street; north along King Street to its intersection with Iwilei Road; west along Iwilei Road to its intersection with Nimitz Highway at the Ewa makai corner of tax map key 1-5-08:1; south along Nimitz Highway to its intersection with the boundary between tax map key 1-5-8:1 and tax map key 1-5-8:9; west along a line to the Diamond Head mauka corner of tax map key 1-5-40:4; west along Nimitz Highway to its intersection with the Ewa boundary of tax map key 1-5-38:4; south along the Ewa boundaries of tax map key 1-5-38:4 and 1-5-38:5 to Honolulu Harbor; east along the waterfront boundary of tax map key 1-5-38:5 to Pier 23; south along Pier 23 to the southwest end of Pier 22; continuing along a line in the same direction to its intersection with the Honolulu Harbor Federal Project Line; northeast along the Honolulu Harbor Federal Project Line to a point in Honolulu Harbor 475 feet perpendicular to Pier 11; southwest along a line parallel to Piers 10 and 11 to its intersection with a line extending from the southwest end of Pier 22 to the point of intersection of the Honolulu Harbor Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along a line to the point of intersection of the Honolulu Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along the Honolulu Harbor Federal Project Line to its intersection with a line extending along Pier 4 into Honolulu Harbor; east along a line from that intersection and along Pier 4 to its intersection with Nimitz Highway; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2-1-14:6; northeast along the Ewa boundary of tax map key 2-1-14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2-1-13:7 and Nimitz Highway. The complex shall also include the area bounded by Iwilei Road beginning with its intersection with Nimitz Highway; west along Iwilei Road to its intersection with Pacific Street; southeast along Pacific Street to its intersection with the Ewa mauka corner of tax map key 1-5-38:4; east along Nimitz Highway to its intersection with the Diamond Head mauka corner of tax map key 1-50-40:4; east along a line to the point of intersection at the boundary between tax map key 1-5-8:1 and tax map key 1-5-8:9; north along Nimitz Highway to the point of beginning at the intersection of Nimitz Highway and Iwilei Road. All fast and submerged lands contained within these areas shall also be included.

206E-C Limitations on the powers of the authority. (a)  The authority shall not sell any fast or submerged lands of the Aloha Tower community development district as established by this chapter.

(b) The authority shall preserve the Aloha Tower as an historical monument and shall not sell, remove, demolish, deface, or alter the structure in any reasonable degree to lessen its historical value to the community. However, and notwithstanding any other law to the contrary, repairs, maintenance, relocation of pier platforms, or any essential reconstruction necessary for the preservation of the Aloha Tower as an historical monument shall be permissible.

(c) Irwin Memorial Park shall be retained as a public park subject to the reservations and conditions set forth in the deed of Helene Irwin Fagan to the Territory of Hawaii.

206E-D Aloha Tower fund. (a) There is created the Aloha Tower fund into which shall be deposited:

(1) All revenues, income and receipts of the authority for the Aloha Tower community development district, notwithstanding any other law to the contrary, including section 206E-16;

(2) Moneys directed, allocated, or disbursed to the Aloha Tower community development district from government agencies or private individuals or organizations, including grants, gifts, awards, and donations;

(3) Moneys appropriated to the fund by the legislature.

(b) Moneys in the Aloha Tower fund shall be used for the purposes of this part.

(c) Investment earnings credited to the assets of the fund shall become part of the assets of the fund."

SECTION 3. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The authority shall consist of eleven voting members. The director of finance, the director of business, economic development, and tourism, the comptroller, and the director of transportation, or their respective designated representatives shall serve as ex officio, voting members. Seven members shall be appointed by the governor for staggered terms pursuant to section 26-34; provided that four members shall be appointed at large and, initially, three members, hereinafter referred to as county members, shall be selected from a list of ten prospective appointees recommended by the local governing body of the county in which the initial designated district is situated; and provided further that when vacancies occur in any of the three positions for which the members were selected from a list of county recommendations, the governor shall fill such vacancies on the basis of one from a list of four recommendations, two from a list of seven recommendations, or three from a list of ten recommendations. The list of recommendations shall be made by the local governing body of the county. If an additional district is designated by the legislature[,] in a county other than the county in which the initial designated district is situated, the total membership of the authority shall be increased as prescribed above by the appointment of three additional members, except as provided for in section 206E-191. Notwithstanding section 92-15, a majority of all members shall constitute a quorum to do business, and the concurrence of a majority of all members shall be necessary to make any action of the authority valid; except that, on any matter relating solely to a specific community development district, the members representing districts other than that specific community development district shall neither vote, nor shall they be counted to constitute a quorum, and concurrence shall be required of a majority of that portion of the authority made up of all ex officio voting members, members at large, and county and district members representing the district for which action is being proposed in order for such action to be 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."

SECTION 4. Chapter 206J, Hawaii Revised Statutes, is repealed.

SECTION 5. All lands and leases to the Aloha Tower development corporation shall be transferred to the Hawaii community development authority upon the approval of this Act.

SECTION 6. All moneys contained in the Aloha Tower fund established pursuant to section 206J-17, Hawaii Revised Statutes, prior to the effective date of this Act shall be transferred to the Aloha Tower fund established pursuant to section 2 of this Act.

SECTION 7. The jurisdiction, functions, powers, duties, and authority heretofore exercised by the Aloha Tower development corporation, shall be transferred to and conferred upon the Hawaii community development authority by this Act and shall be performed and enforced in the same manner as previously authorized, entitled, or obligated except as otherwise authorized, directed, or instructed by this Act.

The Hawaii community development authority shall succeed to all of the rights and powers previously exercised, and all of the duties and obligations incurred by the Aloha Tower development corporation in the exercise of the functions, powers, duties, and authority transferred, whether such functions, powers, duties, and authority are mentioned in or granted by any law, contract, or other document.

All rules, policies, procedures, guidelines, and other material adopted or developed by the Aloha Tower development corporation to implement provisions of the Hawaii Revised Statutes the substance of which are reenacted or made applicable to the Hawaii community development authority by this Act, shall remain in full force and effect until amended or repealed by the Hawaii community development authority pursuant to Chapter 91.

All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the Aloha Tower development corporation pursuant to the provisions of the Hawaii Revised Statutes, the substance of which are reenacted or made applicable to the Hawaii community development authority by this Act, shall remain in full force and effect.

SECTION 8. All records, equipment, files, supplies, contracts, books, papers, documents, maps, appropriations, and other property heretofore made, used, acquired, or held by the Aloha Tower development corporation in the exercise of the functions to be transferred by this Act shall be transferred with the functions to which they relate to the Hawaii community development authority.

SECTION 9. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any state agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor is authorized and empowered to modify the strict provisions of this Act, but shall promptly report any such modifications with the reasons therefore to the legislature at its next session thereafter for review by the legislature. Nothing contained in this chapter shall affect the validity or the terms and provisions of any bond heretofore issued by the State or the Aloha Tower development corporation under prior law.

SECTION 10. All laws and parts of laws heretofore enacted which are in conflict with the provisions of this Act are hereby amended to conform herewith. All Acts passed during the regular and if applicable, special sessions of 2003 and 2004, whether enacted before or after the passage of this Act, shall be amended to conform to this Act unless such acts specifically provide that the act relating to the "Hawaii community development authority" is being amended. Amendments made to sections of the Hawaii Revised Statutes that are amended by this Act as of a future effective date shall include amendments made after the approval of this Act and before the effective date of the amendments made by this Act, to the extent that the intervening amendments may be harmonized with the amendments made by this Act.

SECTION 11. There is appropriated out of the Aloha Tower fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2003-2004 to be used to fund operating costs for the Aloha Tower community development district. Such costs may include costs associated with staffing.

The sum appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.

SECTION 12. In codifying the new part added to chapter 206E, Hawaii Revised Statutes, by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in the designation of the new sections in this Act.

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

_____________________________

BY REQUEST