THE SENATE	S.B. NO.	1523
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to waiahole and Waikane valleys.

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

Part I

     SECTION 1.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§206E‑   Lands of the Waiahole and Waikane valleys. The authority shall have powers specified under section 206E-4 over lands comprising the Waiahole and Waikane valleys and leases on those lands, as provided in Act 330, Session Laws of Hawaii 1993, as amended by Act      , Session Laws of Hawaii 2011."

     SECTION 2.  Act 330, Session Laws of Hawaii 1993, is amended to read as follows:

     "SECTION 1.  The Hawaii housing finance and development corporation [(HFDC)] is developing an agricultural park and low-density residential development on approximately six hundred acres of land in Waiahole Valley on the island of Oahu.  [HFDC] The Hawaii housing finance and development corporation holds title to this land.  The purpose of this park and development is to provide long-term affordable rental housing for tenants in Waiahole and Waikane valleys who were threatened with eviction during the 1970s, to promote diversified agriculture, and to preserve the rural lifestyle of the valleys.

     There are ten parcels abutting the [HFDC] Hawaii housing finance and development corporation property under control of the department of land and natural resources [(DLNR)].  These lands are farmed by the tenants, who are a part of the wider Waiahole-Waikane community.  [Combining these lots with the HFDC property]  Transferring jurisdiction over these parcels and other lands comprising the Waiahole and Waikane valleys from the Hawaii housing finance and development corporation and the department of land and natural resources to the Hawaii community development authority on July 1, 2011 would promote the master planning of diversified agriculture in Waiahole, make government functions more efficient by having one state agency overseeing the area, and help bring the community together.

     The purpose of this Act is to transfer title to these ten parcels of land [to HFDC] and other lands comprising the Waiahole and Waikane valleys from the Hawaii housing finance and development corporation and the department of land and natural resources to the Hawaii community development authority so that [they] the parcels may be consolidated in the Waiahole agricultural park.

     SECTION 2.  (a)  The following parcels of land are [hereby] transferred from [DLNR to HFDC:] the Hawaii housing finance and development corporation to the Hawaii community development authority:

     Tax map key number             Lot size

          4-8-01:19                 3.0 acres

          4-8-07:07                 2.0 acres

          4-8-07:06                 2.0 acres

          4-8-01:20                 3.5 acres

          4-8-07:03                 17.0 acres

          4-8-07:09                 4.0 acres

          4-8-07:08                 2.0 acres

          4-8-07:10                 5.0 acres

          4-8-07:11                 62.5 acres

          4-8-07:12                 5.0 acres

(b)  All other lands comprising the Waiahole and Waikane valleys are transferred from the department of land and natural resources to the Hawaii community development authority.

(c)  The transfer from the Hawaii housing finance and development corporation and the department of land and natural resources, as applicable, to the Hawaii community development authority shall be effective [immediately and DLNR] on July 1, 2011.  The Hawaii housing finance and development corporation or the department of land and natural resources, as appropriate, shall be responsible for properly documenting the change in title.

     SECTION 3.  (a)  Upon taking title to the above-listed parcels [HFDC] the Hawaii community development authority shall immediately offer new leases to those persons who hold revocable permits to the parcels [from DLNR] as of [the effective date of this Act] July 1, 2011, and those lessees who have not negotiated new leases with the Hawaii housing finance and development corporation as of the July 1, 2011.  The leases shall be negotiated and shall be on the same terms as leases offered to all other persons leasing parcels from [HFDC] the Hawaii housing finance and development corporation within the Waiahole agricultural park.

(b)  Leases in effect as of July 1, 2011 with the Hawaii housing finance and development corporation shall be transferred to the Hawaii community development authority.

     SECTION 4.  This Act shall take effect upon its approval[.]; provided that the amendments made to this Act by Act      , Session Laws of Hawaii 2011, shall take effect on July 1, 2011."

     SECTION 3.  Any eviction proceedings with regard to any of the lots affected by this Act shall be stayed pending the disposition of new leases pursuant to this Act.

     SECTION 4.  All deeds, leases, permits, appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii housing finance and development corporation relating to the functions transferred to the Hawaii community development authority shall be transferred with the functions to which they relate.

     SECTION 5.  All rights, powers, functions, and duties of the Hawaii housing finance and development corporation with respect to Waiahole and Waikane valleys are transferred to the Hawaii community development authority.

     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.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position 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 such 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, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State 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 of the State as determined by the head of the department or the governor.

     SECTION 6.  For purposes of article III, section 14, of the Hawaii state constitution, Waiahole valley shall be deemed to include the related Waikane valley, which together form the greater area commonly referred to as Waiahole-Waikane.

Part II

     SECTION 7.  Section 205-44.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Notwithstanding any law to the contrary, before December 31, 2009, the department of agriculture and the department of land and natural resources shall collaborate to identify public lands as defined under section 171-2 that should be designated important agricultural lands as defined in section 205‑42 and shall cause to be prepared maps delineating those lands.  In making the designations, the departments shall use the standards and criteria of section 205-44[.]; provided that the lands comprising Waiahole valley on Oahu are hereby designated important agricultural lands.  For purposes of this section, Waiahole valley shall be deemed to include the related Waikane valley, which together form the greater area commonly referred to as Waiahole-Waikane."

     2.  By amending subsection (c) to read:

     "(c)  Notwithstanding any law to the contrary, beginning January 1, 2010, after receipt of the maps of public lands identified as important agricultural lands pursuant to subsection (a), the commission shall designate the public lands as important agricultural lands and adopt the maps of those public lands[.]; provided that the lands comprising Waiahole valley on Oahu are hereby designated important agricultural lands.  Upon designation, the public lands shall be subject to this chapter."

Part III

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2011; provided that section 3 shall take effect upon the approval of this Act.

INTRODUCED BY:

_____________________________

Report Title:

Waiahole-Waikane Valley

Description:

Transfers jurisdiction of Waiahole-Waikane valley and leases therein from the Hawaii housing finance and development corporation to the Hawaii community development authority.  Designates lands in Waiahole valley as important agricultural lands.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.