Report Title:

State-Controlled Lands; Legislative Approval Prior to Disposition

Description:

Requires the Hawaii Community Development Authority (HCDA) to obtain legislative approval before disposing of certain state lands under their respective jurisdictions in Kakaako Makai. Prohibits residential projects on state lands in Kakaako Makai. (SB2476 HD2)

THE SENATE

S.B. NO.

2476

TWENTY-THIRD LEGISLATURE, 2006

S.D. 2

STATE OF HAWAII

H.D. 2

 

A BILL FOR AN ACT

 

relating to lands controlled by the state.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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- Disposition of lands; legislative approval required. (a) Any sale, exchange, lease, or other similar disposition of land that the authority holds title to in that portion of the Kakaako community development district that is makai of Ala Moana boulevard shall be subject to legislative approval expressed in a concurrent resolution adopted by majority vote of both the senate and the house of representatives; provided that legislative approval shall not be required for dispositions relating to:

(1) Dispositions of land to any government agency;

(2) Road improvements;

(3) Remnant parcels as defined in section 171-52(a);

(4) The reserved housing program;

(5) Grants of easement; and

(6) Temporary month-to-month permits.

The concurrent resolution shall contain, at a minimum:

(1) The location, area, zoning, current use, and most recent valuation of the land subject to disposition;

(2) A summary of the disposition terms;

(3) Information on whether the land has been identified as part of the public land trust, pursuant to section 5(f) of the Admission Act;

(4) Information on the development plans for the land; and

(5) Any other information pertinent to the legislature's decision.

(b) Notwithstanding any provisions to the contrary, residential projects shall not be permitted on state lands in the Kakaako community development district that is makai of Ala Moana boulevard."

SECTION 2. Section 206E-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The authority [may], without recourse to public auction[,] and subject to section 206E-   , may sell[,] or lease for a term not exceeding sixty-five years, all or any portion of the real or personal property constituting a redevelopment project to any person, upon such terms and conditions as may be approved by the authority, if the authority finds that the sale or lease is in conformity with the community development plan."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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.