SB1313.DOC

SECTION 1. The purpose of this Act is to repeal chapter 206E, Hawaii Revised Statutes, relating to the Hawaii community development authority, and to transfer the authority, duties, responsibilities, and jurisdiction of the Hawaii community development authority to the department of land and natural resources, with respect to the Kalaeloa community development district and the public lands in the Kakaako community development district; provided that zoning authority over real property in the Kalaeloa community development district and in the Kakaako community development is transferred to the city and county of Honolulu.

This Act also transfers to the department of land and natural resources, the authority, duties, responsibilities and jurisdiction of the Hawaii community development authority and the department of transportation regarding submerged lands and contiguous fast lands necessary for the management, maintenance, and operation of the small boat facilities at Kewalo basin, Oahu.

SECTION 2. Upon the effective date of this Act, title to all of the following under the control of the Hawaii community development authority shall be transferred to the department of land and natural resources:

(1) Real property within the Kalaeloa community development district that was established by section 206E-193, Hawaii Revised Statutes, prior to the enactment of this Act; and

(2) Public lands within the Kakaako community development district that was established by section 206E-32, Hawaii Revised Statutes, prior to the enactment of this Act.

SECTION 3. Upon the effective date of this Act, zoning authority shall be transferred from the Hawaii community development authority to the city and county of Honolulu for the following:

(1) Real property within the Kalaeloa community development district that was established by section 206E-193, Hawaii Revised Statutes, prior to the enactment of this Act; and

(2) Real property under the control of the Hawaii community development authority which is within the Kakaako community development district that was established by section 206E-32, Hawaii Revised Statutes, prior to the enactment of this Act.

SECTION 4. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§200- Kewalo basin; management. (a) The department of land and natural resources shall have sole jurisdiction and administrative responsibility for the management of all submerged lands and contiguous fast lands necessary for the management, maintenance, and operation of the small boat facilities at Kewalo basin.

(b) All lease rents, concessions, fees, and other revenue derived from the operation of the boating facilities at Kewalo basin shall be paid into the boating special fund and expended for purposes set forth in section 200-8."

SECTION 5. All rights, powers, functions, and duties of the Hawaii community development authority are transferred to the department of land and natural resources or the city and county of Honolulu, as appropriate.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property made, used, acquired, or held by:

(1) The Hawaii community development authority relating to the functions transferred to the department of land and natural resources or the city and county of Honolulu;

(2) The department of transportation with respect to submerged lands and contiguous fast lands necessary for the management, maintenance, and operation of the small boat facilities at Kewalo basin,

shall be transferred with the functions to which they relate.

SECTION 7. All unencumbered moneys deposited in any revolving or special fund controlled by the Hawaii community development authority shall lapse to the credit of the general fund.

SECTION 8. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

An officer or employee of the State having tenure shall not suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act. A state officer or employee having tenure may be transferred or appointed to a civil service position as a consequence of this Act without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished as a consequence of this Act, the officer or employee shall not consequently be separated from public employment, but shall remain in the employment of the State or city and county of Honolulu with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws as determined by the governor or the mayor of the city and county of Honolulu.

SECTION 9. All rules, policies, procedures, guidelines, and other material adopted or developed by:

(1) The Hawaii community development authority to implement provisions of the Hawaii Revised Statutes and which are reenacted or made applicable to the department of land and natural resources or the city and county of Honolulu by this Act; and

(2) The department of transportation with respect to submerged lands and contiguous fast lands necessary for the management, maintenance, and operation of the small boat facilities at Kewalo basin,

shall remain in full force and effect until amended or repealed by the board of land and natural resources or the city and county of Honolulu pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the Hawaii community development authority, the department of transportation, or the director of transportation in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of land and natural resources, the chairperson of the board of land and natural resources, or the city and county of Honolulu, as appropriate.

SECTION 10. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the Hawaii community development authority or the department of transportation pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of land and natural resources or the city and county of Honolulu by this Act, shall remain in full force and effect. Upon the effective date of this Act, every reference to the Hawaii community development authority or the executive director of the Hawaii community development authority, or the department of transportation or the director of transportation therein shall be construed as a reference to the department of land and natural resources, the chairperson of the board of land and natural resources, or the city and county of Honolulu, as appropriate.

SECTION 11. The legislative reference bureau shall prepare proposed legislation that substitutes references made to the "Hawaii community development authority" with the "department of land and natural resources", "chairperson of the board of land and natural resources", or the "city and county of Honolulu", as appropriate. The legislative reference bureau shall also prepare proposed legislation that substitutes references to any specific section or part of chapter 206E, Hawaii Revised Statutes, with the correct corresponding references or referring language, as appropriate.

The legislative reference bureau shall submit the proposed legislation to the legislature not later than twenty days prior to the convening of the next regular session.

SECTION 12. Section 26-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The following are placed in the department of business, economic development, and tourism for administrative purposes as defined by section 26-35: Aloha Tower development corporation, [~~Hawaii community development authority,~~] Hawaii housing finance and development corporation, high technology development corporation, land use commission, natural energy laboratory of Hawaii authority, and any other boards and commissions as shall be provided by law.

The department of business, economic development, and tourism shall be empowered to establish, modify, or abolish statistical boundaries for cities, towns, or villages in the State and shall publish, as expeditiously as possible, an up-to-date list of cities, towns, and villages after changes to statistical boundaries have been made."

SECTION 13. Section 46-102, Hawaii Revised Statutes, is amended by amending the definition of "redevelopment agency" to read as follows:

""Redevelopment agency" or "agency" means an agency defined in section 53-1 [~~or the Hawaii community development authority as established pursuant to chapter 206E~~]."

SECTION 14. Section 514A-14.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) This section shall not apply:

(1) To apartments developed under chapter 201H or 356D;

(2) To apartments in a mixed-use project that was developed [~~under chapter 206E that~~] by the Hawaii community development authority prior to the enactment of Act , Session Laws Hawaii 2009, and that has a shared parking program approved by the Hawaii community development authority prior to the enactment of Act , Session Laws Hawaii 2009, provided that [~~such a~~] the program shall require the availability of the use of not less than one parking space per apartment; and

(3) To apartments designated in the declaration of condominium property regime for hotel, time share, transient vacation rental, or commercial use."

SECTION 15. Chapter 206E, Hawaii Revised Statutes, is repealed.

SECTION 16. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules in effect as a result of this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State or the city and county of Honolulu.

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1313
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII