SB2778.DOC

SECTION 1. The legislature finds that for many years, the city of Honolulu maintained its position as the centerpiece of Oahu. However, with a growing population and growing businesses, traffic congestion has dramatically risen as nearly eighty per cent of Oahu's jobs are concentrated in downtown Honolulu or nearby Waikiki. In the early 1970s, the city and county of Honolulu's planning department began a general plan revision program that focused on directing growth to Ewa. The general plan revision program culminated with the adoption of a new Oahu general plan in 1977 and designated the city of Kapolei as a "secondary urban center" in order to "relieve developmental pressures in the urban fringe and rural areas".

The secondary urban center was intended to ideally provide relief from horrific traffic congestion and more evenly distribute the rapidly increasing population, the State of Hawaii, county agencies, private developers, and former governor John Waihee began advocating for urban development in other regions of Oahu. Former governor Waihee and other state officials stated that in developing a "second city" they hoped to avoid the kind of mistakes that have left the Waikiki area and much of downtown Honolulu a concrete desert, hoping to instead recreate the look of "old Honolulu" that featured low-rise buildings made of wood, stone, and coral.

The legislature further finds that the State had committed to relocating and developing some of the public offices on eighty acres of reserved land in Ewa. Developing Kapolei as a "second city" will be a prime example of state and county coordination in meeting the housing and population problems on Oahu. With the State of Hawaii taking an official position to support Kapolei as a "second city", future legislation can be directed to steer economic development, including jobs, housing, emerging industries, and education, to the leeward side of Oahu.

The purpose of this Act is to:

(1) Establish the east Kapolei community development district and the University of Hawaii West Oahu community development district; and

(2) Repeal the Kakaako community development district.

SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding two new parts to be appropriately designated and to read as follows:

"Part . East kapolei community development district

§206E‑ East Kapolei community development district; established. There is established the east Kapolei community development district. The district shall include properties identified by the following tax map key numbers: 91016120, 91016179, 91016180, 91016181, 91017094, 91017095, 91017096, 91017106, 91017107, 91017110, 91017111, and 91151001.

§206E‑ Development guidance and policies. (a) Development of the east Kapolei community development district shall be guided by the following general policies:

(1) Development shall seek to promote economic development and employment opportunities by fostering diverse land uses and encouraging private sector investments that utilize the emerging industry opportunities, resulting in a community that permits an appropriate land mixture of residential, commercial, industrial, and other uses;

(2) Urban design policies shall be established to provide guidelines for the public and private sectors in the proper development of the district;

(3) Existing and future industrial uses shall be encouraged and permitted in appropriate locations within the district; provided that no plan or implementation strategy shall prevent continued activity or redevelopment of industrial or commercial uses that meet reasonable performance standards in the determination of the authority;

(4) Activities shall be located to provide primary reliance on public transportation and pedestrian facilities for transportation within the district or designated subareas;

(5) Hawaiian archaeological, historic, and cultural sites shall be preserved and protected;

(6) Endangered species of flora and fauna and significant facilities, settings, and locations shall be preserved;

(7) Land use and redevelopment activities within the district shall be coordinated with existing county and state policies, plans, and programs affecting the district to the extent possible; and

(8) Public facilities within the district shall be planned, located, and developed to support the redevelopment policies for the district as established by this part, as well as plans and administrative rules.

(b) The authority may engage in any studies or coordinated activities consistent with this chapter that may affect areas located outside of the east Kapolei community development district; provided that:

(1) The authority determines that those studies or coordinated activities in those areas are related to and necessary to implement the intent of this part; and

(2) The studies or coordinated activities shall be limited to facility systems, resident and industrial relocation, and other applicable activities that may involve the counties and appropriate state agencies.

(c) The authority may engage in construction activities outside of the east Kapolei community development district; provided that any construction shall:

(1) Relate to infrastructure development or to residential or business relocation activities; and

(2) Notwithstanding section 206E-7 to the contrary, comply with the general plan, development plan, ordinances, and rules of the city and county of Honolulu.

PART . UNIVERSITY OF HAWAII WEST OAHU COMMUNITY DEVELOPMENT DISTRICT

§206E‑ University of Hawaii West Oahu community development district; established. There is established the University of Hawaii West Oahu community development district. The district shall include properties identified by the following tax map key numbers: 91016179, 91016180, 91016181, 91016183, 91017095, 91017096, 91017097, 91017098, 91017099, 91017110, 91018005, and 91018008.

§206E‑ Development guidance and policies. (a) Development of the University of Hawaii West Oahu community development district shall be guided by the following general policies:

(2) Urban design policies shall be established to provide guidelines for the public and private sectors in the proper development of the district;

(4) Activities shall be located to provide primary reliance on public transportation and pedestrian facilities for transportation within the district or designated subareas;

(5) Hawaiian archaeological, historic, and cultural sites shall be preserved and protected;

(6) Endangered species of flora and fauna and significant facilities, settings, and locations shall be preserved;

(7) Land use and redevelopment activities within the district shall be coordinated with existing county and state policies, plans, and programs affecting the district to the extent possible; and

(b) The authority may engage in any studies or coordinated activities consistent with this chapter that may affect areas located outside of the University of Hawaii West Oahu community development district; provided that:

(1) The authority determines that those studies or coordinated activities in those areas are related to and necessary to implement the intent of this part; and

(c) The authority may engage in construction activities outside of the east Kapolei community development district; provided that any construction shall:

(1) Relate to infrastructure development or to residential or business relocation activities; and

(2) Notwithstanding section 206E-7 to the contrary, comply with the general plan, development plan, ordinances, and rules of the city and county of Honolulu."

SECTION 3. Section 212-5.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§212-5.5[]] Foreign-trade zone; jurisdiction. Anything to the contrary notwithstanding, the department of business, economic development, and tourism shall have jurisdiction and administrative authority over the area in the vicinity of Piers 1 and 2 currently being used as a foreign-trade zone. This area is defined as all of parcels 2 and 3-A of the Forrest Avenue subdivision, as shown on the map filed in the bureau of conveyances of the State of Hawaii, as file plan 2335, and lot A-1, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328[~~; provided that all existing easements affecting and appurtenant to the parcels to be deleted from the Kakaako community development district boundaries shall not be affected by this change~~]."

SECTION 4. Section 266-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§266-1.5[]] Honolulu harbor Piers 1 and 2; jurisdiction. Any law to the contrary notwithstanding, the department of transportation shall have jurisdiction and administrative authority over Honolulu harbor Piers 1 and 2 and the contiguous backup fast lands currently used for manifested cargo and passenger operations. This area is defined as all of lot 3 and parcels A and B of the Forrest Avenue subdivision, as shown on the map filed with the bureau of conveyances of the State of Hawaii, as file plan 2335, and lot A-2, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328[~~; provided that all existing easements affecting and appurtenant to the parcels to be deleted from the Kakaako community development district boundaries shall not be affected by this change~~]."

SECTION 5. Chapter 206E, part II, Hawaii Revised Statutes, is repealed.

SECTION 6. Statutory material to be repealed is bracketed and stricken.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2778
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII