HOUSE OF REPRESENTATIVES

H.B. NO.

1961

TWENTY-EIGHTH LEGISLATURE, 2016

 

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

"Part    .  OAHU Rail Station Development District

     §206E-    Oahu rail station development district; purpose.  The legislature finds that the jurisdiction of the authority shall include development along the corridor, which includes all state property within one-half mile from any rail station constructed as part of the high-capacity transit corridor project in the city and county of Honolulu.  Any state development along the corridor shall require a permit from the authority.

     §206E-    Definitions.  As used in this part, unless the context otherwise requires:

     "Corridor" means any state property within one-half mile from any rail station construction as part of the high-capacity transit corridor project in the city and county of Honolulu.

     "District" means the Oahu rail station development district established by this part.

     §206E-    District; established, boundaries.  (a)  The Oahu rail station development district is established and shall be composed of all land within the corridor.

     (b)  The authority shall facilitate the development of all property belonging to the State within the district; provided that development is carried out in accordance with any county transit oriented development plans for lands surrounding the district.  In addition to any other duties that the authority may have pursuant to this chapter, the authority's duties shall include but not be limited to:

     (1)  Coordinating with other state entities during the conveyance of properties and conducting remediation activities for the property belonging to the State within the district;

     (2)  Developing the infrastructure necessary to support the development of all property belonging to the State within the district; and

     (3)  Providing, to the extent feasible, maximum opportunity for the reuse of property belonging to the State within the district by private enterprise or state and county government.

     §206E-    Development guidance policies.  The following shall be the development guidance policies generally governing the authority's actions in the district:

     (1)  Development shall be in accordance with any county transit oriented development plan, except as it conflicts with the Hawaii State Constitution and the Hawaii Revised Statutes, as they relate to the department of Hawaiian home lands;

     (2)  With the approval of the governor, and in accordance with state law governing lands owned by the department of Hawaiian home lands, the authority, upon the concurrence of a majority of its voting members, may modify and make changes to a transit oriented development plan with respect to the district to respond to changing conditions; provided that prior to amending a transit oriented development plan, the authority shall conduct a public hearing to inform the public of the proposed changes and receive public input;

     (3)  The authority shall seek to promote economic development and employment opportunities by fostering diverse land uses and encouraging private sector investments that use the opportunities presented by the high-capacity transit corridor project consistent with the needs of the public;

     (4)  The authority may engage in planning, design, and construction activities within and outside the district; provided that activities outside the district shall relate to infrastructure development, area-wide drainage improvements, roadway realignments and improvements, business and industrial relocation, and other activities the authority deems necessary to carry out development of the district and implement this chapter.  The authority may undertake studies or coordinating activities in conjunction with the county and appropriate state agencies and may address facility systems, industrial relocation, and other activities;

     (5)  Hawaiian archaeological, historic, and cultural sites shall be preserved and protected;

     (6)  Endangered species of flora and fauna shall be preserved to the extent feasible;

     (7)  Land use and development activities within the district shall be coordinated with and, to the extent possible, complement existing county and state policies, plans, and programs affecting the district; and

     (8)  Public facilities within the district shall be planned, located, and developed to support the development policies established by this chapter for the district and rules adopted pursuant to this chapter."

     SECTION 2.  This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or Article I, section 10, of the United States Constitution.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Community Development Authority; Oahu Rail Station Development District

 

Description:

Establishes the Oahu Rail Station Development District, which includes all state property within one-half mile from any rail station constructed as part of the high-capacity transit corridor project in the City and County of Honolulu, to be placed under the jurisdiction of the Hawaii Community Development Authority.  Requires that any state development in the district requires a permit from the Authority.

 

 

 

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