HOUSE OF REPRESENTATIVES

H.B. NO.

1269

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

 

 

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

 


     SECTION 1.  Upon the effective date of this Act, title to all lands under the control of the department of land and natural resources designated as Sand Island pursuant to section 6E-36, Hawaii Revised Statutes, prior to the enactment of this Act, shall be transferred to the Hawaii community development authority.

     SECTION 2.  Upon the effective date of this Act, planning and zoning authority shall be transferred from the city and county of Honolulu to the Hawaii community development authority for real property under the control of the city and county of Honolulu located on Sand Island that was established by section 6E—36, Hawaii Revised Statutes, prior to the enactment of this Act.

     SECTION 3.  All rights, powers, functions, and duties of the department of land and natural resources or the city and county of Honolulu are transferred to the Hawaii community development authority.

     SECTION 4.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the Hawaii community development authority shall be transferred with the functions to which they relate.

     SECTION 5.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources to implement provisions of the Hawaii Revised Statutes and that 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to the Hawaii community development authority, by this Act, shall remain in full force and effect until amended or repealed by the Hawaii community development authority pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the department of land and natural resources or the chairperson of the board of land and natural resources in those rules, policies, procedures, guidelines, and other material is amended to refer to the Hawaii community development authority or the executive director of the Hawaii community development authority, as appropriate.

     SECTION 6.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of land and natural resources pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the Hawaii community development authority by this Act, shall remain in full force and effect, unless affirmatively amended by the appropriate agency, under due process.  Upon the effective date of this Act, every reference to the department of land and natural resources, the chairperson of the board of land and natural resources, therein shall be construed as a reference to the Hawaii community development authority or the executive director of the Hawaii community development authority, as appropriate.

     SECTION 7.  During the time between the enactment of this Act and its effective date the department of land and natural resources shall make no decisions on deeds, leases, contracts, loans, agreements, permits or other documents unless the Hawaii community development authority concurs.

     SECTION 8.  If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned.  The rules in effect as a result of this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

     SECTION 9.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

HCDA; Land Conveyance

 

Description:

Conveys ownership of state lands on Sand Island to the HCDA.

 

 

 

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