HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there are five voting members on the Hawaii community development authority that are appointed to represent the Kalaeloa community development district. Two of the five members are the chairperson of the Hawaiian homes commission and the director of the city and county of Honolulu department of planning and permitting.
The legislature further finds that taking into account the other heavy responsibilities that their positions may require of them, in many instances, these officials find it difficult to attend Hawaii community development authority meetings; however, section 206E-191(c), Hawaii Revised Statutes, does not permit them to appoint a designated representative. As a result, at times, a quorum is difficult to achieve, thereby delaying important discussions and decisions.
The purpose of this part is to amend section 206E-191(c), Hawaii Revised Statutes, to allow the chairperson of the Hawaiian homes commission and the director of the city and county of Honolulu department of planning and permitting or their respective designated representatives to serve as ex officio, voting members of the Hawaii community development authority.
SECTION 2. Section 206E-191, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Five additional voting members [
except as otherwise provided in this subsection, shall be appointed to
the authority by the governor to represent the Kalaeloa community development
district. These members shall be considered in determining quorum and majority
only on issues relating to the Kalaeloa community development district, and may
vote only on issues relating to the Kalaeloa community development district.
These members shall consist of:
(1) The chairperson of the Hawaiian homes commission[
or the chairperson's designated representative who shall serve as an ex
officio, voting member;
(2) The director of the city and county of Honolulu
department of planning and permitting[
;] or the director's designated
representative who shall serve as an ex officio, voting member;
(3) Two members representing the surrounding
community for a term pursuant to section 26-34, one of [
shall be selected by the mayor of the city and county of Honolulu; and
(4) One member who is a Hawaiian cultural specialist."
SECTION 3. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows:
"§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority may:
(1) Sue and be sued;
(2) Have a seal and alter the same at pleasure;
(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
(4) Make and alter bylaws for its organization and internal management;
(5) Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;
(6) Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;
(7) Prepare or cause to be prepared a community development plan for all designated community development districts;
(8) Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;
(9) Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;
(10) By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project which the authority has theretofore sold or otherwise conveyed, transferred, or disposed of;
(11) Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;
(12) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on such terms and conditions as it deems advisable;
(13) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;
(14) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
(15) Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;
(16) Contract for and accept gifts or grants in any form from any public agency or from any other source;
(17) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; and
(18) Allow satisfaction of [
any] up to thirty-three
per cent of the affordable housing requirements imposed by the authority
upon any proposed development project through the construction of substitute
reserved housing, as defined in section 206E-101, [ by a person on]
or by causing substitute reserved housing to be constructed:
(A) On land located [
the geographic boundaries of the authority's jurisdiction;] within the
jurisdiction of the department of Hawaiian home lands and within the urban core
of Honolulu; and
(B) On a one-unit-for-one-unit basis;
provided that the authority shall not permit
any person to make cash payments in lieu of providing reserved housing, except
to account for any fractional unit that results after calculating the
percentage requirement against residential floor space or total number of units
. The substituted housing shall be located on the same
island as the development project and shall be substantially equal in value to
the required reserved housing units that were to be developed on site. The
authority shall establish the following priority in the development of reserved
housing: (A) Within the community development
district; (B) Within areas immediately
surrounding the community development district; (C) Areas within the central urban
core; (D) In outlying areas within the
same island as the development project.];
provided further that if the development project is within the Kalaeloa community development district, established under section 206E‑193, the substitute reserved housing units shall be located on lands within the jurisdiction of the department of Hawaiian home lands on the island of Oahu. The development of substitute reserved housing shall be undertaken only in accordance with a request for those substitute reserved housing units submitted by the department of Hawaiian home lands or the Hawaiian homestead community associations. All other reserved housing units shall be constructed within the community development district where the proposed development project is located.
The Hawaii community development authority [
may adopt rules relating to the [ approval] development of substitute
reserved housing units that are [ developed] constructed
outside of a community development district. [ The rules shall include, but
are not limited to, the establishment of guidelines to ensure compliance with
the above priorities.]"
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon approval.
HCDA; Kalaeloa Community Development District; Reserved Housing
Allows the chairperson of the Hawaiian homes commission and the director of city and county of Honolulu department of planning and permitting to designate a representative to serve on HCDA; amends the criteria for approval by the HCDA of substitute reserved housing projects to be constructed within and outside of the geographic boundaries of the authority's jurisdiction. (SD1)