SB3224 SD1

SECTION 1. The legislature finds that public lands in Pulehunui, Maui, are underutilized. Redeveloping, renovating, or improving these public lands to provide suitable recreational, residential, educational, industrial, governmental, and commercial areas where the public can live, congregate, recreate, attend schools, and shop as part of a thoughtfully integrated experience is in the best interest of the State.

The purpose of this Act is to establish the Pulehunui community development district and the Pulehunui community development district board.

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

"Part . PULEHUNUI COMMUNITY DEVELOPMENT DISTRICT

§206E- Definitions. As used in this part:

"Board" means the Pulehunui community development district board.

"District" means the Pulehunui community development district.

"Fund" means the Pulehunui community development special fund.

"Small business" means a business that is independently owned and that is not dominant in its field of operation.

§206E- Pulehunui community development district board; established. (a) There is established Pulehunui community development district board for the purpose of implementing this part. The board shall be placed within the authority and attached to the department of business, economic development, and tourism for administrative purposes.

(b) The board shall consist of following members, who shall be considered in determining quorum and majority and shall be eligible to vote:

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

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

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

(4) The Maui county director of planning and permitting or the director's designee;

(5) A cultural specialist;

(6) An at-large member nominated by the president of the senate;

(7) An at-large member nominated by the speaker of the house of representatives; and

(8) Two representatives of the Pulehunui community development district, consisting of one resident of the island of Maui and one owner of a small business or one officer or director of a nonprofit organization on the island of Maui.

All members except the director of finance; director of transportation; director of business, economic development, and tourism; and Maui county director of planning and permitting or their respective designees shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the president of the senate and speaker of the house 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 six nominees to the governor to fill the two district representative positions for the Punlehunui community development district. Of the two nominees for the Pulehunui 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. 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.

If a vacancy occurs, 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; director of business, economic development, and tourism; and Maui county director of planning and permitting 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. The governor shall provide for staggered terms of the appointed voting members so that the initial term of one member selected by lot shall be for two years, the initial terms of two members selected by lot shall be for three years, and the initial terms of the remaining two 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 board 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.

(d) The members of the board shall serve without compensation, but each shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

§206E- District established; boundaries. The Pulehunui community development district is hereby established. The district shall comprise the following properties:

(1) TMK 2-3-8-008-001;

(2) TMK 2-3-8-008-007;

(3) TMK 2-3-8-008-037; and

(4) TMK 2-3-8-008-038.

§206E- Development policies. The board shall serve as the local redevelopment agency for the district. The following shall be the development guidance policies generally governing the board's actions in the district:

(1) Archaeological, historical, and cultural sites shall be preserved and protected in accordance with chapter 6E;

(2) Endangered species of flora and fauna shall be preserved to the extent required by law;

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

(4) Public facilities within the district shall be planned, located, and developed to support the development policies established by this part and any rules adopted pursuant to this part.

§206E- Financial aid from the federal government; contracts with the federal government. (a) The board may:

(1) Secure financial aid from the federal government for any planning, design, development, construction, and maintenance work that the board is authorized to undertake;

(2) Borrow moneys or accept grants from the federal government in aid of or for any development project the board is authorized to undertake pursuant to this part;

(3) Issue bonds or other evidence of indebtedness and pledge revenues and other assets as security for indebtedness incurred pursuant to this part;

(4) Repay any indebtedness, including any interest incurred thereon by the board pursuant to this part;

(5) Procure insurance or loan guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made by or held by the board;

(6) Execute contracts with the federal government in accordance with this part; and

(7) Comply with terms and conditions required by the federal government in any contract or grant for federal assistance.

(b) It is the purpose and intent of this section to authorize the board to do all things necessary to secure the cooperation of and financial aid from the federal government for any planning, design, development, construction, and maintenance work that the board is authorized to undertake pursuant to this part.

§206E- Pulehunui community development district special fund. (a) There is established in the state treasury the Pulehunui community development special fund into which shall be deposited:

(1) All revenues, income, and receipts of the board for the district;

(2) Moneys directed, allocated, or disbursed to the district from government agencies or private individuals or organizations, including grants, gifts, awards, donations, and assessments of landowners, for costs to administer and operate the district; and

(3) Moneys appropriated to the fund by the legislature.

(b) Moneys in the fund shall be used only for the purposes of this part.

§206E- Annual comprehensive report. Not less than twenty days prior to the convening of each regular session, the board shall submit to the legislature an annual comprehensive report on the progress of development within the district.

§206E- Rules; adoption. The board may adopt rules in accordance with chapter 91 to carry out the purposes of this part."

SECTION 3. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	3224
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII