HOUSE OF REPRESENTATIVES	H.B. NO.	2034
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

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

SECTION 1. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The authority shall consist of the director of finance, or the director's designee; the director of transportation, or the director's designee; the director of business, economic development, and tourism, or the director's designee; the director of planning and permitting of each county in which a community development district is located, or the director's designee; a cultural specialist; [an at-large member;] an at-large member nominated by the [senate] president[;] of the senate; an at-large member nominated by the speaker of the house[;] of representatives; [three] two representatives of the Heeia community development district, comprising [two residents] one resident of that district or the Koolaupoko district, which consists of sections 1 through 9 of zone 4 of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Heeia community development district or Koolaupoko district[, nominated by the county council of the county in which the Heeia community development district is located]; [three] two representatives of the Kalaeloa community development district, comprising [two residents] one resident of the Ewa zone (zone 9, sections 1 through 2) or the Waianae zone (zone 8, sections 1 through 9) of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Ewa or Waianae zone[, nominated by the county council of the county in which the Kalaeloa community development district is located]; [three] two representatives of the Kakaako community development district, comprising [two residents] one resident of the district and one owner of a small business or one officer or director of a nonprofit organization in the district[, nominated by the county council of the county in which the Kakaako community development district is located; the director of planning and permitting of each county in which a community development district is located or the director's designee, who shall serve in an ex officio, nonvoting capacity; and the chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity].

All members, except the director of finance[,]; director of transportation[,]; county directors of planning and permitting[,]; and [chairperson of the Hawaiian homes commission] director of business, economic development, and tourism, or their designees, shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the [senate] president of the senate and speaker of the house [and the nine representatives of the respective community development districts] of representatives shall each be appointed by the governor from a list of three nominees submitted for each position by the nominating authority specified in this subsection. The president of the senate and the speaker of the house of representatives shall each submit a list of three nominees for each district to the governor to fill the two district representative positions for each community development district. Of the nominees for each community development district, one nominee shall meet the district residency requirement, and one nominee shall meet the district small business owner or nonprofit organization officer or director requirement. For each community development district, the governor shall appoint one member from a list of nominees submitted by the president of the senate and one member from a list of nominees submitted by the speaker of the house of representatives.

The authority shall be organized and shall exercise jurisdiction as follows:

(1) For matters affecting the Heeia community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:

(A) The director of finance, or the director's designee;

(B) The director of transportation, or the director's designee;

(C) The director of business, economic development, and tourism, or the director's designee;

(D) The director of planning and permitting for the county in which the Heeia community development district is located, or the director's designee;

[(C)] (E) The cultural specialist;

[(D)] (F) The [three] two at-large members; and

[(E)] (G) The [three] two representatives of the Heeia community development district;

[provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority;]

(2) For matters affecting the Kalaeloa community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:

(A) The director of finance, or the director's designee;

(B) The director of transportation, or the director's designee;

(C) The director of business, economic development, and tourism, or the director's designee;

(D) The director of planning and permitting for the county in which the Kalaeloa community development district is located, or the director's designee;

[(C)] (E) The cultural specialist;

[(D)] (F) The [three] two at-large members; and

[(E)] (G) The [three] two representatives of the Kalaeloa community development district;

[provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority;]

(3) For matters affecting the Kakaako community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:

(A) The director of finance, or the director's designee;

(B) The director of transportation, or the director's designee;

(C) The director of business, economic development, and tourism, or the director's designee;

(D) The director of planning and permitting for the county in which the Kakaako community development district is located, or the director's designee;

[(C)] (E) The cultural specialist;

[(D)] (F) The [three] two at-large members; and

[(E)] (G) The [three] two representatives of the Kakaako community development district[;

provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority].

In the event of a vacancy, a member shall be appointed to fill the vacancy in the same manner as the original appointment within thirty days of the vacancy or within ten days of the senate's rejection of a previous appointment, as applicable.

The terms of the director of finance[,]; director of transportation[,]; county directors of planning and permitting[,]; and [chairperson of the Hawaiian homes commission] director of the business, economic development, and tourism, or their respective designees, shall run concurrently with each official's term of office. The terms of the appointed voting members shall be for four years, commencing on July 1 and expiring on June 30[; provided that the initial terms of all voting members initially appointed pursuant to Act 61, Session Laws of Hawaii 2014, shall commence on March 1, 2015]. The governor shall provide for staggered terms of the initially appointed voting members so that the initial terms of four members selected by lot shall be for two years, the initial terms of four members selected by lot shall be for three years, and the initial terms of the remaining five members shall be for four years.

The governor may remove or suspend for cause any member after due notice and public hearing.

Notwithstanding section 92-15, a majority of all eligible voting members as specified in this subsection shall constitute a quorum to do business, and the concurrence of a majority of all eligible voting members as specified in this subsection shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been appointed and qualified. Except as herein provided, no member appointed under this subsection shall be an officer or employee of the State or its political subdivisions.

[For purposes of] As used in this section, "small business" means a business [which] that is independently owned and [which] that is not dominant in its field of operation."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050; provided that the existing representatives of the Heeia community development district, Kalaeloa community development district, and Kakaako community development district shall continue to serve until the expiration of their respective terms.

Report Title:

Hawaii Community Development Authority; Nomination and Appointment of Representative Members

Description:

Amends the membership of the Hawaii Community Development Authority by removing the county council as the nominating authority for the community development district representatives, removing one at-large member, reducing the number of district resident representatives, and making the director of planning and permitting of each county a voting, rather than a nonvoting, member. Effective 7/1/2050. (HD1)

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