Report Title:

Pacific Health Community

Description:

Fast-tracks the development of the Pacific Health Community project, on lands identified on tax map key 9-4-6:01, by exempting the project from state and county approval processes and extending the authorization to issue special purpose revenue bonds for the project.

HOUSE OF REPRESENTATIVES

H.B. NO.

550

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE DEVELOPMENT OF MEDICAL FACILITIES.

 

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

SECTION 1. The legislature finds that in the twenty-first century, health care providers can no longer focus only on helping sick and injured people get better. In Hawaii, there is a mounting and unanswered problem of providing health care for seniors. The emphasis must be on creating health care communities where wellness and prevention go hand in hand with diagnosis and treatment. In health care communities, people will be empowered to make healthy choices in part by having information, facilities, and opportunities provided by a state- of-the-art health care network integrated within the community. People will participate in their health care, staying well and changing illness and injury into starting points for growth.

One example of developing healthy communities is to intentionally place health care providers in a medical mall setting within the community. Health care communities can utilize a medical mall setting but are not restricted to that particular type of setting. A mall location would provide sufficient room for an initial phase of development to meet immediate needs, second and third phases to provide support for first-phase facilities and meet other needs, and room for future phases to provide flexibility to meet the ever-changing requirements of health care. Around the mall, or in other types of settings, residential areas for health care providers and others should be developed, with inclusion of amenities including jogging trails, bicycle paths, parks, and pools, to promote a healthy lifestyle for residents.

The legislature finds that health care communities fit within state plans to strengthen Hawaii's economy by developing science and technology industries, and will provide a direct boost to the health and tourism industries, the two largest industries in the State. Because health care is a clean, quiet industry, the legislature finds that the proposed health care community will also bring jobs closer to residential areas without negatively affecting those areas. There is a need for privately initiated development of the health care industry and the government's role is to support and facilitate these efforts.

Pursuant to these findings, in 1999, the legislature authorized, and the governor approved eight Acts that authorized the issuance of special purpose revenue bonds for health care facilities to be built using the health care community model: Pacific Cardiac Institute, Inc. (Act 279, Session Laws of Hawaii 1999); Pacific Community Health and Wellness, Inc. (Act 293, Session Laws of Hawaii 1999); Pacific Saging Center, Inc. (Act 292, Session Laws of Hawaii 1999); Pacific Sports Medicine and Research Center, Inc. (Act 181, Session Laws of Hawaii 1999); Pacific Wellness Center, Inc. (Act 281, Session Laws of Hawaii 1999); Pacific Women's Center (Act 291, Session Laws of Hawaii 1999); Wahiawa-Central Oahu Health Center, Inc. (Act 180, Session Laws of Hawaii 1999); and Wahiawa General Hospital, Inc. (Act 179, Session Laws of Hawaii 1999).

In February 2000, Pacific Health Community, Inc., and the Wahiawa Hospital Association, the parent organization of Wahiawa General Hospital, prepared the Pacific Health Center Master Plan to facilitate the creation of a health care community on land identified by tax map key 9-4-6:01, and proceeded to obtain the necessary approval from the land use commission, the city and county of Honolulu, and the state health planning and development agency.

Over the past four years since the enactment of legislation authorizing the issuance of special purpose revenue bonds, Pacific Health Community, Inc., has worked to obtain the necessary approvals to begin construction with most of the funding for the preparation of applications provided by Wahiawa General Hospital, a nonprofit organization.

Since the inception of the project, Wahiawa General Hospital has spent over $6,000,000 of its limited revenues on the project. Despite this, the project has yet to break ground because of the lengthy land use approval and certificate of need processes.

Delays in the project have greatly impacted the financial viability of Wahiawa General Hospital, the largest employer in Wahiawa and the central plain. Continued delays could jeopardize the continued operation of the sole medical facility providing service to the citizens of central Oahu.

The legislature further finds that Hawaii's health care industry and visitor industry, the State's economy, and Hawaii residents will benefit significantly from this project. In particular, a health care community will:

(1) Provide state-of-the-art health care for Hawaii residents;

(2) Strengthen the state economy;

(3) Create more high-paying jobs near residential areas;

(4) Provide a clean, quiet industry;

(5) Increase revenue for area businesses;

(6) Increase tax revenue for the State;

(7) Support the State's plans to increase Hawaii's sports and recreation industry;

(8) Enhance Hawaii's ability to meet the needs of an aging population;

(9) Bring health services to Hawaii that might not otherwise be supported by the State's population base;

(10) Boost the State's two largest industries--tourism and health care;

(11) Become a major component of the State's goal of developing the science and technology industries; and

(12) Position Hawaii as a leader in health care in the Asia- Pacific region.

The legislature asserts that it is in the public interest to facilitate the creation of the Pacific Health Community project. The legislature further acknowledges that the critical financial situation at Wahiawa General Hospital has created a unique circumstance that will precipitate dire impacts on health, welfare, and employment of our people.

The purpose of this Act is to fast-track the development of the Pacific Health Community project on lands identified on tax map key 9-4-6:01 by exempting the project from state and county approval processes, and extending the authorization to issue special purpose revenue bonds for the project.

SECTION 2. Notwithstanding any other law to the contrary, all projects to develop a master planned health care center and retirement community that generally includes facilities as a medical mall or other settings, a medical technology park, medical-related residential areas, and general residential and commercial areas and appropriate infrastructure situated on the parcel of land identified by tax map key 9-4-6:01 shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of units thereon; provided that:

(1) The project meets minimum requirements of health and safety, as determined by the department of health, except that chapter 323D, Hawaii Revised Statutes, shall not apply;

(2) The development of the proposed project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or various boards of water supply authorized under chapter 54, Hawaii Revised Statutes;

(3) The legislative body of the county in which the project is to be situated shall approve or disapprove the project by resolution within forty-five days after the preliminary plans and specifications for the project are submitted to the legislative body. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body;

(4) The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. For purposes of sections 501-85 and 502-17, Hawaii Revised Statutes, a responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar;

(5) The land use commission shall approve or disapprove a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 205-4, Hawaii Revised Statutes. If on the forty-sixth day the petition is not disapproved, it shall be deemed approved by the commission; and

(6) All design and construction standards for dwelling units shall be in accordance with rules adopted by the housing and community development corporation of Hawaii.

SECTION 3. Act 179, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 4. Act 180, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 5. Act 181, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 6. Act 279, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 7. Act 281, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 8. Act 291, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 9. Act 292, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 10. Act 293, Session Laws of Hawaii 1999, is amended by amending section 5 to read as follows:

"SECTION 5. The authorization to issue special purpose revenue bonds under this Act shall lapse on June 30, [2003.] 2008."

SECTION 11. This Act shall apply to all applications for permits and approvals by the land use commission relating to projects situated on the parcel of land identified by tax map key 9-4-6:01 that were initiated prior to the enactment of this Act that are pending review.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval, and shall be repealed on June 30, 2008.

INTRODUCED BY:

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