HOUSE OF REPRESENTATIVES

H.B. NO.

317

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to THE public land development corporation.

 

 

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

 


     SECTION 1.  Act 55, Session Laws of Hawaii 2011, codified as chapter 171C, Hawaii Revised Statutes, established the public land development corporation to be the development arm of the department of land and natural resources, administer an appropriate and culturally-sensitive public land development program to help develop recreational and leisure centers for residents and visitors, and create revenue-generating opportunities to offset regulatory functions of the department of land and natural resources.

     However, some of the most controversial aspects of Act 55 were not allowed to be adequately vetted by the public.  When introduced, Act 55 did not provide exemptions from any permitting or zoning laws.  The only opportunity for stakeholders to testify publicly on such proposed exemptions was during the House Finance Committee hearing on April 7, 2011, at 2:30 PM.  However, notice of that hearing was not posted until 12:35 PM on April 7, 2011, a mere two hours before the hearing was to begin.  Only two testifiers submitted testimony for the hearing and both were marked as being submitted late.

     Act 55 was ultimately amended to exempt the public land development corporation from all statutes, ordinances, charter provisions, and rules of government agencies relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon for development of public lands to generate revenues.  Based upon concerns relating to the expansive powers granted to the public land development corporation and the exemptions to important environmental and land use and other laws, many individuals and organizations on all islands have expressed opposition to the corporation and urged its repeal.  The county councils of Hawaii, Kauai, and Maui recently passed resolutions urging the abolishment of the public land development corporation.  Some neighborhood boards on Oahu have also passed resolutions urging the repeal of Act 55.

     The purpose of this Act is to repeal chapter 171C, Hawaii Revised Statutes.

     SECTION 2.  Chapter 171C, Hawaii Revised Statutes, is repealed.

     SECTION 3.  This Act shall take effect upon its approval.

 


INTRODUCED BY:

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Report Title:

Public Land Development Corporation; Repeal

 

Description:

Repeals chapter 171C, HRS, relating to the public land development corporation.

 

 

 

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