THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PUBLIC LIBRARIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 312, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§312- Pilot program for lease of public library land. (a) There shall be established a pilot program for the lease of public library land, including facilities. The state librarian, in consultation with the department of education and any other appropriate agency, shall serve as the facilitator of the pilot program.
(b) Notwithstanding section 171-13, or any other law to the contrary, the department of education may lease public library land on terms it deems appropriate, including a leaseback of all or a portion of the improvements constructed; provided that:
(1) The department of education may identify and select up to five public library land sites as candidates for participation in the pilot program; provided further that:
(A) During the identification and selection process, the department of education shall be subject to chapter 92, shall hold at least one public meeting in each affected community, and shall promote library and community participation; and
(B) If the site is on land owned by the county, the department of education shall consult with the county;
(2) The department of education may lease no more than three public library land sites identified and selected by the department of education pursuant to paragraph (1) under leases for a term of not more than fifty-five years per lease, unless extended pursuant to section 171-36, to lessees who shall be required to modify, construct, or utilize facilities to meet the mission of the public libraries, in accordance with specific request for proposal or request for information guidelines;
(3) Each lease shall stipulate that the lessee may retain any revenue generated from the facilities; provided further that:
(A) The lessee shall be obligated to maintain and operate the facilities to meet the mission of the public libraries for the length of the lease;
(B) The lessee shall pay all applicable property taxes on the value of any improvements;
(C) A leasehold premium may be charged to the lessee for the right to use the public library land based on a competitive process that complies with applicable sections of chapter 103D;
(D) Upon the expiration of the lease, the facilities shall revert to the department of education; and
(E) All revenues and proceeds derived by the State under this section shall be deposited in the library facilities fund pursuant to subsection (f); and
(4) Notwithstanding any law to the contrary, the department of education may enter into leaseback agreements that allow the board of education to lease or sublease the property to a third party. The department of education may lease back the property from the third-party lessee or sublessee for a contractual period of time, after which the department shall own any improvements.
(c) Any redevelopment involving nonlibrary purposes shall:
(1) Comply with county plans, ordinances, and zoning and development codes; and
(2) Acquire all required government approvals and permits.
(d) Nothing in this section shall preclude the state librarian or the department of education from working with and receiving assistance from any other department or agency in carrying out the purposes of this section.
(e) Any lease entered into by the department of education pursuant to subsection (b) shall be fully executed no later than July 1, 2031.
(f) There is established in the state treasury the library facilities fund. All proceeds from the leases, permits, interest income generated from public library lands, and other revenue generated from the nonpermanent disposition of public library lands, including facilities, pursuant to this section shall be deposited into the library facilities fund. Except as otherwise provided by law, all moneys in the library facilities fund shall be used for state library programs."
SECTION 2. The department of education shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2023 and each regular session thereafter until the completion of each project authorized pursuant to this Act. The report shall include:
(1) A timeline for the pilot program pursuant to this Act, including:
(A) A timeline for the redevelopment of each selected site;
(B) An estimated start and completion date for each selected site; and
(C) Estimates for the time required to obtain any necessary county or state approvals required to complete the redevelopment of each site;
(2) A summary of the state librarian's and department of education's activities, results, and recommendations to optimize the use of public library lands as a means to meet the mission of the public libraries;
(3) A summary of all library and community engagement efforts undertaken or that will be undertaken by the department of education in carrying out the pilot program pursuant to this Act;
(4) A summary of the state librarian's and department of education's current and projected budgeted expenses, including the identification of any contracts with third parties and the creation of temporary positions within the department of education in carrying out the pilot program pursuant to this Act;
(5) A summary of any capacity and funding issues or challenges the state librarian or department of education has encountered in carrying out the pilot program pursuant to this Act; and
(6) Any proposed legislation.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2021.
Public Library Lands; Leases; DOE
Establishes a pilot program to generate revenue through the lease of public library lands to meet the mission of the public libraries. Establishes the library facilities fund. Requires the state librarian and department of education to report to the legislature. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.