Report Title:

Hawaii Community Development Authority; Public Notice; Oversight

Description:

Requires HCDA to adopt community and public notice procedures, including posting its proposed plans for development, public notice of its proceedings, and meeting minutes on its website, and providing the public with the opportunity to testify at its decision making hearings. Requires HCDA to notify the Legislature prior to any public hearing, and after the hearing regarding the public's reaction. (CD1)

THE SENATE

S.B. NO.

2090

TWENTY-THIRD LEGISLATURE, 2006

S.D. 2

STATE OF HAWAII

H.D. 1


C.D. 1

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 two new sections to part I to be appropriately designated and to read as follows:

"§206E-   Community 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 engage the community in which the authority is planning a development project to ensure that community concerns are received and considered by the authority;

(2) The posting of the authority's proposed plans for development of community development districts, public hearing notices, and minutes of its proceedings on the authority's website; and

(3) Any other information that the public may find useful 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:

(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.

§206E-   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 at its decision-making hearing.

(c) The authority shall notify the president of the senate and speaker of the house:

(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."

SECTION 2. New statutory material is underscored.

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