THE SENATE

S.B. NO.

2360

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

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.  The legislature finds that the Hawaii community development authority was established to help determine community development programs; to cooperate with private and other government agencies to implement those community development plans; and increase affordable housing, parks, and public facilities in certain districts.  Pursuant to chapter 206E, Hawaii Revised Statutes, the authority is authorized to sell state-controlled real property.  However, under chapter 171, Hawaii Revised Statutes, the sale of public lands requires the prior approval of the legislature by concurrent resolution after a sale of exchange proposal is made and reviewed.

     The legislature also finds that under certain circumstances the authority may find it profitable or beneficial to expedite a real property transaction.  Such situations have arisen and may arise in the future in the Kakaako community development district.  In anticipation of these opportunities, the legislature finds the need to be informed of the costs and benefits of selling or purchasing various properties located in the Kakaako community development district in order to make decisions regarding the approval of the sale of these public lands.

     The purpose of the Act is to:

     (1)  Prohibit the sale of Kakaako makai lands to which the Hawaii community development authority holds title in its corporate capacity, with certain exceptions; and

     (2)  Require the authority to determine the costs and benefits of selling and purchasing certain properties, except makai lands, within the Kakaako community development district.

     SECTION 2.  Section 206E-31.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§206E-31.5[]]  Prohibitions.  Anything contained in this chapter to the contrary notwithstanding, the authority is prohibited from:

     (1)  Selling or otherwise assigning the fee simple interest in any makai lands in the Kakaako community development district to which the authority in its corporate capacity holds title, except with respect to:

         (A)  Utility easements;

         (B)  Remnants as defined in section 171-52;

         (C)  Grants to any state or county department or agency; or

         (D)  Private entities for purposes of any easement, roadway, or infrastructure improvements; or

     (2)  Approving any plan or proposal for any residential development in that portion of the Kakaako community development district makai of Ala Moana boulevard and between Kewalo basin and the foreign trade zone."

     SECTION 3.  The Hawaii community development authority shall determine the costs and benefits of selling and purchasing certain properties, excluding makai lands, within the Kakaako community development district.  The Hawaii community development authority shall submit a report to the legislature, including its findings, recommendations, and any proposed legislation, no later than ninety days after the effective date of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.



 

Report Title:

Hawaii Community Development Authority; Kakaako Community Development District

 

Description:

Prohibits the sale of Kakaako makai lands by HCDA.  Requires the HCDA to determine the costs and benefits of selling and purchasing certain properties, except makai lands, within the Kakaako community development district.  Requires the report to be submitted to the legislature 90 days after the effective date of this Act.  (SD1)

 

 

 

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