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THE SENATE |
S.B. NO. |
2064 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the hawaii housing finance and development corporation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§201H- Right
of first refusal; development. (a)
Notwithstanding any law to the contrary, the corporation shall have the
right of first refusal for the development of property, in accordance with
section 201H-12, for all development on state lands that are within
county-designated transit-oriented development zones, or within a one-half mile
radius of a proposed or existing transit station if the county has not
designated transit-oriented development zones, excluding lands and properties
owned or operated by the Hawaii public housing authority or the department of
Hawaiian home lands and lands within the stadium development district
established pursuant to part IX of chapter 206E; provided that the right of
first refusal shall be triggered by a proposed development or proposed transfer
of any fee simple or leasehold property interest in lands that are within a
one-half mile radius of a rail transit station.
(b) Any state department or agency shall provide
the corporation with sixty calendar days advance written notice of its approval
of a proposed development or proposed transfer as described in subsection (a).
(c) For a proposed development as described in
subsection (a) that does not involve a transfer of land, the corporation
shall have the right to undertake any development activity it deems necessary
to fully develop the lands, regardless of whether the state department or
agency proposes to undertake activities to develop the lands.
(d) For a proposed transfer as described in
subsection (a):
(1) The corporation shall have the right to acquire the state department or agency's interest in title to the property interest for the corporation to hold in its corporate capacity;
(2) Just
compensation paid by the corporation to the state department or agency for the
property interest, if any, shall be determined by agreement between the
corporation and the state department or agency or, failing an agreement, by
appraisal conducted by a firm mutually agreeable to the corporation and the state
department or agency. The corporation
shall pay the cost of the appraisal services; and
(3) The
state department or agency shall make commercially reasonable efforts to ensure
that title to the property interest is good and marketable upon conveyance to
the corporation.
(e) If the corporation does not exercise the
right of first refusal for the proposed development or proposed transfer of
property within one hundred eighty calendar days of receipt of written notice
from a state department or agency, the respective state department or agency
may proceed in developing the property in accordance with the law.
(f) As used in this section, "development" means the planning, replanning, redesign, clearance, reconstruction, redevelopment, rehabilitation, or any combination of these, of state lands or any part thereof, and the provision of the residential, commercial, industrial, public, and other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including recreational and other facilities incidental or appurtenant thereto."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
HHFDC; Development; Right of First Refusal
Description:
Authorizes the Hawaii Housing Finance and Development Corporation the right of first refusal for the development of property for all development on state lands, excluding the Stadium Development District and lands under the Hawaii Public Housing Authority and Department of Hawaiian Home Land lands, that are within county-designated transit-oriented development zones, or within a one-half mile radius of a proposed or existing transit station if the county has not designated transit-oriented development zones, which shall be triggered by a proposed development or proposed transfer of fee simple or leasehold property interest. Requires state departments or agencies to provide one hundred eighty days advance written notice of any approval of a proposed development or proposed transfer of lands.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.