H.B. NO.



H.D. 1
















     SECTION 1.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§206E-    Project eligibility review of infrastructure.  The executive director of the authority shall require, prior to receipt of any application for a development permit, a project eligibility review of the development project.  No application for a development permit shall be considered until the project eligibility review has been completed.  Developments shall not be approved unless adequate infrastructure facilities are or will be made available to service the proposed development prior to occupancy.  The executive director shall obtain approval from applicable governmental agencies regarding the adequacy of infrastructure requirements."

     SECTION 2.  Section 206E-5.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§206E-5.5[]]  Community engagement and public notice requirements; posting on the authority's website; required.  (a)  The authority shall adopt community and public notice procedures pursuant to chapter 91 that shall [include], at a minimum:

     (1)  [A means to effectively] Effectively engage the community in which the authority is planning a development project [to ensure that community concerns are received and considered by the authority;] by working with residents and landowners residing within the community in which the project is located to ensure that the rules are followed;

     (2)  [The] Include the posting of the authority's proposed plans for development of community development districts, including details of any new proposed developments; public hearing notices[,]; reports required under subsection (b)(2);  and minutes of its proceedings on the authority's website; provided that, if requested, a copy of notices shall be mailed to property owners and residents in the affected community; and

     (3)  [Any] Include any other information that the public [may find useful] requests so that it may meaningfully participate in the authority's decision-making processes.

     (b)  The authority shall notify the president of the senate [and]; speaker of the house[:]; and the state senators, state representatives, and city councilmembers who represent the district in which the development project is to be located:

     (1)  Of any public hearing upon posting of the hearing notice; and

     (2)  With a report detailing the public's [reaction at the public hearing,] comments and the authority's response to any concerns raised about the project, within one week after the public hearing."

     SECTION 3.  Section 206E-5.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§206E-5.6[]]  Public hearing for decision-making; separate hearing required.  (a)  When rendering a decision regarding:

     (1)  An amendment to any of the authority's community development rules established pursuant to chapter 91 and section 206E‑7; or

     (2)  The acceptance of a developer's proposal to develop lands under the authority's control,

the authority shall render its decision at a public hearing separate from the hearing that the proposal under paragraph (1) or (2) was presented.

     (b)  The authority shall issue a public notice in accordance with section 1‑28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted.  Prior to rendering a decision, the authority shall [provide the general public with the opportunity to testify] take additional public testimony at its decision-making hearing.

     (c)  The authority shall notify the president of the senate [and], speaker of the house[:], and the state senators, state representatives, and city councilmembers who represent the district in which the proposed project is to be located:

     (1)  Of any public hearing upon posting of the hearing notice; and

     (2)  With a report [detailing the public's reaction at the public hearing, within one week after the hearing.] that conforms to the requirements of section 206E-5.5(b)(2).

     (d)  The authority shall give serious consideration to and shall respond orally to all concerns raised by the public at the decision-making hearing before the authority makes a decision.  If suggested modifications raised prior to the decision-making hearing by community members impacted by a proposed project are not incorporated into the authority's decision to approve the project, the authority shall explain in detail, both in writing and orally, the reasons why those modifications have not been incorporated before issuing a decision to approve the project."

     SECTION 4.  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 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[.]; and

     (3)  Granting any variance, exemption, or modification to any provision of any rule or development plan relating to maximum floor area ratio."

     SECTION 5.  Section 206E-33, Hawaii Revised Statutes, is amended to read as follows:

     "§206E-33  Kakaako community development district; development guidance policies.  The following shall be the development guidance policies generally governing the authority's action in the Kakaako community development district:

     (1)  Development shall result in a community which permits an appropriate land mixture of residential, commercial, industrial, and other uses.  In view of the innovative nature of the mixed use approach, urban design policies should be established to provide guidelines for the public and private sectors in the proper development of this district; while the authority's development responsibilities apply only to the area within the district, the authority may engage in any studies or coordinative activities permitted in this chapter which affect areas lying outside the district, where the authority in its discretion decides that those activities are necessary to implement the intent of this chapter.  The studies or coordinative activities shall be limited to facility systems, resident and industrial relocation, and other activities with the counties and appropriate state agencies.  The authority may engage in construction activities outside of the district; provided that such construction relates to infrastructure development or residential or business relocation activities; provided further, notwithstanding section 206E-7, that such construction shall comply with the general plan, development plan, ordinances, and rules of the county in which the district is located;

     (2)  Existing and future industrial uses shall be permitted and encouraged in appropriate locations within the district.  No plan or implementation strategy shall prevent continued activity or redevelopment of industrial and commercial uses which meet reasonable performance standards;

     (3)  Activities shall be located so as to provide primary reliance on public transportation and pedestrian facilities for internal circulation within the district or designated subareas;

     (4)  Major view planes, view corridors, and other environmental elements such as natural light and prevailing winds, shall be preserved through necessary regulation and design review; provided that:

              (i)  There shall be a minimum of three hundred feet between buildings that are one hundred feet or higher in height;

             (ii)  No portion of any building or other structure shall exceed four hundred feet in height; and

            (iii)  Any building that is at least one hundred feet in height shall be oriented on a mauka-makai axis;

     (5)  Redevelopment of the district shall be compatible with plans and special districts established for the Hawaii Capital District, and other areas surrounding the Kakaako district;

     (6)  Historic sites and culturally significant facilities, settings, or locations shall be preserved;

     (7)  Land use activities within the district, where compatible, shall to the greatest possible extent be mixed horizontally, that is, within blocks or other land areas, and vertically, as integral units of multi-purpose structures;

     (8)  Residential development [may] shall require a mixture of densities[,] not to exceed a maximum of 3.5 floor area ratio; building types[,] and configurations in accordance with appropriate urban design guidelines; integration both vertically and horizontally of residents of varying incomes, ages, and family groups; and an increased supply of housing for residents of low- or moderate-income may be required as a condition of redevelopment in residential use.  Residential development shall provide necessary community facilities, such as open space, parks, community meeting places, child care centers, and other services, within and adjacent to residential development;

     (9)  Public facilities within the district shall be planned, located, and developed so as to support the redevelopment policies for the district established by this chapter and plans and rules adopted pursuant to it[.]; and

    (10)  Before approving development projects, the authority shall require comprehensive studies of and plans for the infrastructure capacity of the sewers, roads, utilities including water and electricity, schools, parks, and other requirements to ensure that they meet the needs generated by the additional number of anticipated residents and, where improvements are needed, the authority shall accordingly impose the necessary impact fees upon the developer."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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, 2020.


Report Title:

Kakaako Community Development District; Prohibitions



Amends notice and community engagement requirements for Hawaii Community Development Authority meetings and decision making.  Amends development guidance requirements, prohibitions, and application procedures for the Kakaako Community Development District.  Effective July 1, 2020.  (HB1867 HD1)



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