Report Title:

HCDA; Kakaako; Public Facility Projects

 

Description:

Establishes Kakaako central small business district; requires the authority to confer and obtain consensus from real property owners within and adjacent to a proposed public facility prior to undertaking any public facility as part of the district-wide improvement program; requires the authority to transfer an amount equal to assessments received from 2001-2005, to the Kakaako district schools special fund.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1929

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO KAKAAKO.

 

 

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

 


     SECTION 1.  (a)  The legislature finds that in early 2007, the Hawaii community development authority plans to begin the Queen street widening project referred to as ID-11.  Although this project includes features that benefit the community at large, the widening project will have serious impacts for small businesses in the Queen street area between Kamakee street and Ward avenue.

     During 2005-2006, state and county elected officials sought to work with the Hawaii community development authority and the county administration in arriving at solutions for two issues of particular concern for small businesses in the area:

     (1)  Loss of parking immediately adjacent to the businesses; and

     (2)  The businesses share of assessments for the road improvements.

     (b)  Small businesses affected also participated in the Kakaako mauka plan and rules revisions community meetings, which led to proposed 2006 plan revisions that tackle the adjacent parking issues, fee assessments, and related community and business issues on Queen street in a practical manner.  In part, the revisions:

     (1)  Recommend deletion of the Halekauwila-Queen streets couplet (part of the original street-widening rationale);

     (2)  Propose that all streets have sidewalks and drainage as part of the long-term improvements; and

     (3)  Propose that no new improvement districts (ID) for the central Kakaako area be programmed unless initiated or supported by the small business community and landowners; with fee assessments, parking, and business disruption issues resolved before initiation of an ID project.

     (c)  In addition, a portion of the Queen street widening project between Kamakee street and Cooke street has not been funded by the legislature.  Therefore, rather than embarking on half of the Queen street improvements on a piece-meal basis, the most cost-effective approach is to modify the Queen street realignment project to conform to recommendations in the Kakaako mauka plan and rules revisions.  Further community meetings were held in December 2006, and final public review and adoption of the plan's 2006 revisions will not be completed until mid-2007.

     (d)  The purpose of this Act is to:

     (1)  Establish a Kakaako central small business district;

     (2)  Require the authority to confer and obtain consensus from the real property owners and small businesses within and adjacent to a proposed public facility prior to undertaking any public facility as part of the district-wide improvement program;

     (3)  Establish the Kakaako district schools special fund, and require the transfer of revenues collected from any assessments to the special fund; and

     (4)  Require modification of the Queen street realignment project between Kamakee street and Cooke street, in conjunction with recommendations made by the Kakaako mauka plan and rules revisions.

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

     "§206E‑    Kakaako central small business district; established.  Within the Kakaako community, there is established the Kakaako central small business district.  The district shall include the area bounded by Kapiolani boulevard from its intersection with Cooke street to Drier street; to Waimanu street; Waimanu street from its intersection with Drier street; to Queen street; Queen street from its merge with Waimanu street to Ward avenue; Ward avenue from its intersection with Queen street to Auahi street; Auahi street from its intersection with Ward avenue to Cooke street; and Cooke street from its intersection with Auahi street to Kapiolani boulevard."

     SECTION 3.  Section 206E-6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The authority shall develop a district-wide improvement program to identify necessary district-wide public facilities within a community development district[.]; provided that prior to undertaking any public facility as part of the district-wide improvement program pursuant to subsection (b), the authority shall confer and obtain consensus from the real property owners and small businesses within and adjacent to the proposed public facility.

     (b)  Whenever the authority shall determine to undertake, or cause to be undertaken, any public facility as part of the district-wide improvement program, the cost of providing the public facilities [shall] may be assessed against the real property in the community development district specially benefiting from [such] the public facilities[.]; pursuant to subsection (a).  The authority shall determine the areas of the community development district [which] that will benefit from the public facilities to be undertaken and, if less than the entire community development district benefits, the authority may establish assessment areas within the community development district[.]; pursuant to subsection (a).  The authority may issue and sell bonds in [such] amounts as may be authorized by the legislature to provide funds to finance [such] the public facilities.  The authority [shall] may fix the assessments against real property specially benefited[.]; pursuant to subsection (a).  All assessments made pursuant to this section shall be a statutory lien against each lot or parcel of land assessed from the date of the notice declaring the assessment until paid and [such] the lien shall have priority over all other liens except the lien of property taxes.  As between liens of assessments, the earlier lien shall be superior to the later lien."

     SECTION 4.  Section 206E-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§206E-16[]]  Hawaii community development revolving fund.  There is created the Hawaii community development revolving fund into which all receipts and revenues of the authority shall be deposited.  Proceeds from the fund shall be used for the purposes of this chapter[.]; provided that the  authority shall transfer an amount equal to any receipts and revenues from any assessment made pursuant to section 206E-6(b), received between July 1, 2001, and June 30, 2005, to the Kakaako district schools special fund established under section 302A‑  ."

     SECTION 5.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-    Kakaako district schools special fund.  (a)  There is established within the state treasury a special fund to be known as the Kakaako district schools special fund, into which shall be deposited all moneys collected from any assessment made pursuant to section 206E-6(b), and received between July 1, 2001, and June 30, 2005, pursuant to section 206E-16, for schools directly adjoining or serving the Kakaako community development district.  The special fund shall be administered by the department and moneys in the special fund shall be expended to fund programs developed pursuant to section (b).

     (b)  The department shall:

     (1)  Identify those schools directly adjoining or serving the Kakaako community development district, with student populations that reflect a disproportionate share of low socioeconomic strata, unmet community needs, and a proliferation of high-density residences; and

     (2)  Develop an expenditure plan to serve the target schools.

     (c)  The department of education shall report on its findings and expenditure plan twenty days prior to the convening of the regular session of 2008; and on its expenditures by the schools and school complexes annually thereafter."

     SECTION 6.  Notwithstanding any law to the contrary, the Hawaii community development authority shall not plan, engage in, begin, or continue any capital improvement project within the Kakaako central small business district as identified in section 206E-  , Hawaii Revised Statutes, that involve any infrastructure construction or street improvements, pending adoption by the authority of the Kakaako mauka plan and rules revisions; provided that this moratorium shall not apply to any emergency capital improvement project that is required to repair any damage to infrastructure or a street caused by a natural disaster or act of god and necessary to safeguard the health and safety of the general public.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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