THE SENATE

S.B. NO.

832

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

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

 

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to part VI, subpart C, to be appropriately designated and to read as follows:

     "§302A-    Acquisition of real property from a county.  Notwithstanding the provision of any law or charter to the contrary, any county, by resolution of its local governing body, without public auction, sealed bids, or public notice, may sell, lease for a term not exceeding sixty-five years, grant, or convey to the authority any real property owned by it that the authority certifies to be necessary for its purposes.  The sale, lease, grant, or conveyance shall be made with or without consideration and upon terms and conditions as may be agreed upon by the county and the authority.  Certification shall be evidenced by a formal request from the authority.  Before the sale, lease, grant, or conveyance may be made to the authority, a public hearing shall be held by the local governing body to consider the same.  Notice of the hearing shall be published at least ten days before the date set for the hearing in a publication and in a manner as may be designated by the local governing body.

     §302A-    Exemption from taxation.  The authority shall not be required to pay assessments levied by any county, nor shall the authority be required to pay state taxes of any kind.

     §302A-    Assistance by state and county agencies.  Any state or county agency may render services upon request of the authority."

     SECTION 2.  Section 302A-1703, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Except as otherwise limited by this chapter, the authority shall be responsible for [all] public school development, planning, and construction related to capital improvement projects assigned by the legislature, governor, or board of education."

     2.  By amending subsection (c) to read:

     "(c)  Except as otherwise limited by this chapter, the authority may also:

     (1)  Have a seal and alter the same at its pleasure;

     (2)  Subject to subsection (b), make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this subpart;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules pursuant to chapter 91 with respect to its projects, operations, properties, and facilities, including qualifications for persons and entities wishing to enter into a public-private partnership with the authority, as permitted in paragraph [(7);] (8);

     (5)  Acquire or contract to acquire by grant or purchase real, personal, or mixed property or any interest therein; to clear, improve, and rehabilitate and to sell, assign, exchange, transfer, convey, lease, subdivide, or otherwise dispose of or encumber the same;

     (6)  Acquire property by condemnation pursuant to chapter 101;

     (7)  Adopt rules pursuant to chapter 91 that shall supersede all other inconsistent ordinances and rules relating to the zoning of land and construction thereon for the purposes of implementing this subpart; provided that the rules adopted pursuant to this paragraph shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development;

    [(7)] (8)  Enter into partnerships with qualified persons, including public-private partnerships, as defined in the authority's rules, to acquire, construct, reconstruct, rehabilitate, improve, alter, or provide for the construction, reconstruction, improvement, or alteration of any project; and sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project; and in the case of the sale of any project, accept a purchase money mortgage in connection therewith;

    [(8)] (9)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on terms and conditions as it deems advisable;

    [(9)] (10)  Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, or alteration of any project, and from time to time to modify the plans, specifications, designs, or estimates;

   [(10)] (11)  Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

   [(11)] (12)  Apply for and accept gifts or grants in any form from any public agency or from any other source, including gifts or grants from private individuals and private entities;

   [(12)] (13)  Borrow money or procure loan guarantees from the federal government for or in aid of any project the authority is authorized to undertake pursuant to this chapter.  Additionally, in connection with borrowing or procurement of loan guarantees, the authority:

          (A)  Shall comply with conditions required by the federal government pursuant to applicable regulation or required in any contract for federal assistance;

          (B)  Shall repay indebtedness incurred pursuant to this section, including any interest thereon;

          (C)  May execute loan and security agreements and related contracts with the federal government;

          (D)  May issue bonds pledging revenues, assessments, or other taxes as security for indebtedness incurred pursuant to this section; and

          (E)  May enter into financing agreements as that term is defined in section 37D-1;

   [(13)] (14)  Appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services solely in cases of negotiations in which the attorney general lacks the sufficient expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general;

    (15)  Engage in commercial enterprise activities for the purpose of revenue generation;

    (16)  Contract to manage the leasing and property management of housing projects;

   [(14)] (17)  Use the department of human resources development to recruit, hire, and retain exempt employees, architects, engineers, existing civil service positions, and other technical positions for the development, planning, and construction related to capital improvement projects; and

   [(15)] (18)  Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this subpart."

     SECTION 3.  Act 206, Session Laws of Hawaii 2017, section 2, as amended by Act 272, Session Laws of Hawaii 2019, section 4, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other law to the contrary, no later than              , the fee simple interest to the following parcels of land with the existing improvements thereon (hereinafter "the properties") (but not including submerged land, accreted land, or any land makai of the shoreline), shall be conveyed by the city and county of Honolulu to the department of education as grantee, as is, where is:

     (1)  TMK 1-4-5-34-14 (Castle High);

     (2)  TMKs 1-5-6-6-9, 1-5-6-6-10, and 1-5-6-6-25 (Kahuku High and Intermediate);

     (3)  TMK 1-4-4-34-24 (Kalaheo High);

     (4)  TMK 1-9-1-1-2 (portion) (Campbell High);

     (5)  TMK 1-8-5-15-1 (Waianae High);

     (6)  TMK 1-9-4-8-20 (Waipahu High);

     (7)  TMK 1-9-8-31-17 (Aiea High);

     (8)  TMK 1-7-4-18-1 (Leilehua High);

     (9)  TMK 1-9-9-2-23 (Radford High);

    (10)  TMK 1-6-7-2-10 (Waialua High and Intermediate);

    (11)  TMKs 1-6-003-048, 1-6-021-005 (Farrington High);

    (12)  TMK 2-7-024-001 (Kaimuki High);

    (13)  TMK 3-9-005-027 (Kaiser High); and

    (14)  TMK 3-5-020-004 (Kalani High)."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

 

Report Title:

DOE; School Facilities Authority; Powers; Land Transfer; City and County of Honolulu

 

Description:

Authorizes the counties to transfer land to the School Facilities Authority.  Exempts the School Facilities Authority from taxes.  Authorizes state and county agencies to render services to the School Facilities Authority upon request.  Authorizes the School Facilities Authority to engage in commercial enterprise activities for the purpose of revenue generation.  Authorizes the School Facilities Authority to contract to manage leasing and management of housing projects.  Establishes a deadline for the transfer of properties to the Department of Education from the City and County of Honolulu required by Act 272, Session Laws of Hawaii 2019.  (SD1)

 

 

 

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