Report Title:
Hawaii Community Development Authority; Public Notice; Oversight
Description:
Establishes legislative oversight, review, and approval of the Hawaii community development authority's master planning functions and development of community development districts prior to the expenditure of public funds on development district infrastructure. Requires the authority to post public notice of its proceedings and its meeting minutes on the authority's website. (SD1)
|
THE SENATE |
S.B. NO. |
2090 |
|
TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
|
|
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 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. The authority shall adopt community and public notice procedures pursuant to chapter 91 that shall include, at a minimum:
(1) A means by which 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 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.
§206E- Public hearing for decision making; separate hearing required. 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 paragraphs (1) or (2) was presented. 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."
SECTION 2. Section 206E-5, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e) The authority shall hold a public hearing on a proposed community development plan pursuant to chapter 91 and, after consideration of comments received and appropriate revision, shall submit the community development plan and a proposed concurrent resolution that summarizes the community development plan and recommends its adoption to the [governor] legislature for the [governor's approval.] legislature's approval. The community development plan shall be considered approved if both houses of the legislature adopt the concurrent resolution recommending the community development plan's adoption.
After the legislature's approval, the governor shall submit to the legislature requests for appropriations, authorization to issue bonds, or both, to implement the community development plan in an orderly, affordable, and feasible manner. The governor shall submit the requests to the legislature as part of the executive budget or supplemental budget, as appropriate. In addition to the information, data, and materials required under chapter 37, the requests shall be accompanied by:
(1) Plans, maps, narrative descriptions, and other appropriate materials on the:
(A) Locations and design of projects or public facilities proposed to be funded; and
(B) Phase of the community development plans proposed to be implemented with the requested funds; and
(2) Other information deemed by the [governor of significance to the] legislature to be of significance regarding the projects or public facilities proposed to be funded, including a discussion of the public benefits intended by, and adverse effects [which] that may result from, implementation of the projects or public facilities.
(f) The authority may amend the community development plan as may be necessary. Amendments shall be made in accordance with chapter 91[.] and shall be summarized and submitted to the legislature in the form of a proposed concurrent resolution for the legislature's approval. The community development plan amendment shall be considered approved if both houses of the legislature adopt the concurrent resolution recommending the community development plan amendment's adoption."
SECTION 3. Section 206E-16.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-16.5[]] Expenditures of revolving funds under the authority exempt from appropriation and allotment. Except as to administrative expenditures, and except as otherwise provided by law, expenditures from any revolving fund administered by the authority may be made by the authority without appropriation or allotment of the legislature; provided that the authority shall not expend any moneys to initiate new infrastructure projects without a specific appropriation by the legislature; and provided further that no expenditure shall be made from and no obligation shall be incurred against any revolving fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the proceeds of any revolving fund administered by the authority to be reappropriated annually."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.