HCR91.DOC

WHEREAS, in the 1950's and 1960's, the County of Hawaii (County), in an attempt to raise its real property tax base, allowed the development of large land areas into private subdivisions containing marketable parcels of various sizes without the benefit of infrastructure including roads and highways, water, sewer, and drainage improvements; and

WHEREAS, today, these private subdivisions are nonconforming in relation to present county standard subdivision requirements, thereby jeopardizing the welfare, health, and safety of the residents of those private subdivisions; and

WHEREAS, approximately forty-nine of these private subdivisions, containing approximately forty-two per cent of the County's population residing in these nonconforming private subdivisions, remain in existence; and

WHEREAS, in the past, various unsuccessful self-help attempts have been tried by residents of these private subdivisions to raise their standard of living to equal other residents of the County, including attempts to make direct payments for needed improvements, special county assistance, and the consideration of improvement district financing; and

WHEREAS, in an, to date, unsuccessful attempt to improve their roads and highways, a number of the residents of the private Hawaiian Paradise Subdivision have attempted to establish a system of assessments and collection of road maintenance fees, but lacked a key ingredient of success, the co-signature of the County on a promissory note from a private funding source; and

WHEREAS, the residents of Hawaiian Paradise Subdivision now desire to attempt to meet their goal of the provision of subdivision improvements by establishing a township or other political subdivision, comprising of the Hawaiian Paradise Subdivision; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, in an attempt to assist all residents of private subdivisions, the Governor is requested to establish a task force to consider various methods of assisting the residents of private subdivisions on the island of Hawaii to provide for basic infrastructure needs of the residents of the private subdivisions; and

BE IT FURTHER RESOLVED that the Governor is requested to appoint the following officials or their designated representatives comprise the task force:

(1) The Director of Finance, as chairperson of the task force;

(2) The Director of Taxation;

(3) The Attorney General;

(4) The Comptroller;

(5) The Mayor of the County of Hawaii;

(6) The Corporation Counsel of the County of Hawaii;

(7) The Director of Finance of the County of Hawaii;

(8) The Planning Director of the County of Hawaii; and

(9) The Director of Public Works; and

BE IT FURTHER RESOLVED that the task force is requested to consider the following:

(1) The practicality and advisability of establishing a political subdivision of the State to assist residents of private subdivisions to obtain standard infrastructure commonly required in all approved subdivisions of the State;

(2) Whether the availability and use of:

(A) Improvement district financing;

(B) Community facilities district financing;

(D) Any other existing method of financing public infrastructure facilities,

is a practical tool to provide the necessary

infrastructure for private subdivisions; and

BE IT FURTHER RESOLVED that the Attorney General is requested to provide any necessary administrative, professional, technical, and clerical support to the task force; and

BE IT FURTHER RESOLVED that the task force is requested to report to the Legislature on its findings and recommendations, including proposed legislation, at least twenty days prior to the convening of the Regular Session of 2010; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Finance, Director of Taxation, Attorney General, and Comptroller of the State, and the Mayor, Corporation Counsel, Director of Finance, Planning Director, and Director of Public Works of the County of Hawaii.

	OFFERED BY:	_____________________________

Report Title:

Private Subdivisions; Political Subdivisions.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	91
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII