One day to make a difference

The Legislature is scheduled to end Tuesday, May 5th.  Senators and Representative vote on the final version of remaining bills – meaning – both chambers must give each bill a yes vote or it dies.  (Links are below)

If you want a bill to die, contact the legislators, give them your name and simply ask them to “Vote NO on HB1566 and SB1555” or whatever bill number(s) you are interested in. The attachment to this email has legislators’ contact information. (Visiting the office on Monday, call & leave a message or faxing is better than email.)

Each of the remaining bills contains something for everyone – statewide, whether it is waterfront public land development on the neighbor islands or raising the fees or adding requirements of the people already using a public facility.

Michelle Matson did excellent bill summaries that will impact many folks (scroll waaay down to see her email).

However of the ocean recreation issues in tracked bills – 3 are left.

HB931 – requires all DLNR harbor slipholders to exit their harbor every 90 days.  The problem with this is the Harbor Master must see your boat leave.  That means 8-5 Monday to Friday.  If you go out at night or on the weekend no one is there to document that you left.

SB1555 allows development via privatization with 65 year leases. Allows DLNR to transfer public lands into a newly established Public Lands Development Corporation “to administer an appropriate and culturally-sensitive public land development program.”  Allows HCDA to provide assistance.

HB1566 allows
1) mooring fees statewide to be set be an appraiser but allows commercial operators to choose either the DOT rate of 1.8% of gross instead of DLNR’s rate of 3% of gross.
2) converts recreational slips to commercial slips in Ala Wai and Keehi harbors but
3) targets only Ala Wai to privatize the entire harbor – including parking areas – for development for hotels, timeshares, office space and other uses. Also eliminates and county special district requirements.

Your window of opportunity is open until Monday night.

Aloha and good luck.

From: Michelle S. Matson
Sent: Saturday, April 30, 2011 8:43 AM
Subject: Legislative Time Bomb Update

HB 1020 – Aloha Tower Development Corp. has been reactivated and will now be operating the Aloha Tower Complex with a reduced Board of 3 under DOT.  Thank you Bob Loy for assisting with turning this around and away from the HCDA in the Senate, thus helping to Save Irwin Park once again.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1020

SB 1247 – Transferring Aloha Tower Development Corp. planning and zoning functions to HCDA failed.  Senate WLH vice chair’s gutting and replacing with stand-alone casino and gaming agency failed.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1247 and http://www.hawaiireporter.com/legalized-gambling-proposal-gains-new-life-at-hawaii-legislature/123

GM 510 – The former chair of ATDC who lead the charge targeting Irwin Park at Aloha Tower for a multi-level parking garage, resulting in the State being sued and environmental organizations prevailing, is none other than the nominee for State Attorney General slated for confirmation on Tuesday.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=GM&billnumber=510

SB 699 – OEQC remains underfunded.  See  http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=699

HB 1566 – Allows commercial development and commercial vessel use of Ala Wai recreational boat harbor’s fast and submerged lands, with moorage fees by commercial appraisal..

See  http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1566

HB 337 – By adding permit exemptions for Coconut Island per Senator Hee, Senate WLH ultimately killed this vital and benevolent bill to protect valuable Hawaiian fishponds.

SB 1363 – Plastic bag glut and ocean garbage islands are still stuck in the Legislative vacuum.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1363

HB 1405 – After being gutted by Senate WLH to contain an unrelated issue, this bill has been restored to enable the Office of Planning to establish a system of green gateways and trails.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1405

HB 1082 – Establishes the DLNR Conservation and Resources Enforcement Special Fund to be used toward the protection of the State’s natural, cultural, and historic resources. See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1082

HB 331 – After Senate WLH gyrations and contortions of speculative maneuvering by adding unrelated sections to a) protect wildlife and b) establish a public lands development corporation, the contents of this bill were returned to allowing the BLNR to modify state land leases to not exceed a term of 65 years. See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=331

SB 1530 – Allows extension of state land leases for not longer than 55 years on hotel or resort uses planning  “substantial improvements.”  See  http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1530

SB 2 – Requires DLNR state land inventory and database covering state land under all agencies.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=2

SCR 172 and HCR 283 – HCDA operations and management audit request went nowhere. See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SCR&billnumber=172 and http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HCR&billnumber=283

HB 680 – Repeals HCDA’s statutory requirement to collaborate and consider the recommendations of the community-based CPAC for any plans for Kaka’ako Makai.  Fifty (50) testimonies from organizations and individuals strongly opposed HB 680 disabling community-based planning participation, collaboration and consensus forums for Kaka’ako Makai.  But this did not seem to make any difference to a Legislature lead on by district representatives, developer-driven committee chairs and their followers this year.  A developer-initiated smear campaign against the diligent community-based CPAC carried the bill through only two (2) committee hearings by House WLO and Senate WLH, and it is now headed to the Governor’s office.  See http://www.capitol.hawaii.gov/session2011/bills/HB680_CD1_.htm

SB 261 – The Hawaiian Cultural Center for Kaka’ako Makai supported by community consensus stalled in House FIN.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=261

SB 1555 – Establishes a Public Lands Development Corporation “to administer an appropriate and culturally-sensitive public land development program.”  Allows HCDA to provide assistance.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1555:

§ -1 Findings and purpose.  … Creating a development arm of the department of land and natural resources…

The corporation shall coordinate and administer programs to make optimal use of public land… shall identify the public lands that are suitable for development… carry on marketing analysis to determine the best revenue-generating programs…. enter into public-private agreements to appropriately develop the public lands identified…  Permissible uses of public land pursuant to this chapter shall include but not be limited to office space; vehicular parking; commercial uses; hotel, residential, and timeshare uses; fueling facilities; storage and repair facilities; and seawater air conditioning plants.
The board of directors of the public land development corporation shall consist of five voting members. The members shall include: (1) The chairperson of the board of land and natural resources, or the first deputy to the chairperson of the board of land and natural resources; (2) The director of finance, or the director’s designee; (3) The director of business, economic development, and tourism, or the director’s designee; (4) One member to be appointed by the speaker of the house of representatives; and (5) One member to be appointed by the president of the senate; provided that the persons appointed by the speaker of the house of representatives and the president of the senate shall possess sufficient knowledge, experience, and proven expertise in small and large businesses within the development or recreation industries, banking, real estate, finance, promotion, marketing, or management.  The term of office of the two voting members appointed by the speaker of the house of representatives and the president of the senate shall be four years each.  The board shall appoint an executive director, who shall serve at the pleasure of the board…

§ -4 Powers; generally. (a) Except as otherwise limited by this chapter, the corporation may:  (7) Acquire or contract to acquire by grant or purchase: (A) All privately owned real property or any interest therein and the improvements thereon, if any, that are determined by the corporation to be necessary or appropriate for its purposes under this chapter, including real property together with improvements… (B) Encumbrances, in the form of leases, licenses, or otherwise, needed by the corporation or any state department or agency for public purposes, the disposition of subdivided lots, houselots, apartments or other economic units, or economic development;  (8) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired; and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;   (9) By itself, or in partnership with qualified persons or other governmental agencies… own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project; and develop or manage, by itself, or in partnership with qualified persons or other governmental agencies, any project that meets the purposes of this chapter; (10) In cooperation with any governmental agency, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, acquire, construct, operate, and maintain public land facilities, including but not limited to leisure, recreational, commercial, residential, timeshare, hotel, office space, and business facilities, at rates or charges determined by the corporation; (12) Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new recreation and visitor-industry related products, the expansion of established recreation and visitor-industry or land development enterprises, and the altering of existing recreational, visitor-industry related, or land development enterprises;  (14) Grant options to purchase any project or to renew any lease entered into by the corporation in connection with any of its projects, on the terms and conditions it deems advisable; (19) Subject to approval by the department, assume management responsibilities for small boat harbors in accordance with chapter 200 and any rules adopted pursuant thereto for periods not to exceed one year; (20) Recommend to the board of land and natural resources the purchase of any privately owned properties that may be appropriate for development;

§ -8 Approval of projects, plans, and programs. All public lands optimization projects, public land development plans, and project facility programs developed by the corporation shall be approved by the board.

§ -16 Transfer of public lands. (a) Notwithstanding chapter 171 (Conservation and Resources) or any provision of this chapter to the contrary, the department may transfer, subject to the approval of the board of land and natural resources, development rights for lands under its jurisdiction to the corporation for purposes of this chapter; provided that: (1) Development rights for all small boat harbors that have an existing contract in force and effect relating to a lease or development agreement, or a request for proposal that has been advertised or is under negotiation for capital improvements to harbor facilities as of July 1, 2011, shall be transferred to the corporation on July 1, 2011… if the public land corporation is not fully operational by July 1, 2011, the department shall continue to execute its responsibilities relating to negotiating or executing a contract for any such request for proposal or managing any existing contract until the corporation is able to assume the negotiating, oversight, and management responsibilities relating to the existing contract or request for proposal, as the case may be, or until June 30, 2013, whichever occurs first; (2) If the property to be developed is two hundred acres or less and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation; (3) If the property to be developed is greater than two hundred acres and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation, subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both houses in any regular or special session next following the date of transfer; and (b) If the corporation finds that state lands under the control and management of the department or other public agencies are suitable for its purposes under this chapter, the corporation may lease the lands from the agency having the control and management of those lands, upon such terms and conditions as may be agreed to by the parties.

§ -19 Exemption from requirements. Notwithstanding section 171-42 (Hotel and resort uses) and except as otherwise noted in this chapter, projects pursuant to this chapter shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon; provided that the public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

Hawaii Community Development Authority (HCDA)

SECTION 2. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows: “§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority may:  (19) Assist the public land development corporation established by section -3 in identifying public lands that may be suitable for development, carrying on marketing analysis to determine the best revenue-generating programs for the public lands identified, entering into public-private agreements to appropriately develop the public lands identified, and providing the leadership for the development, financing, improvement, or enhancement of the selected development opportunities; provided that no assistance shall be provided unless the authority authorizes the assistance.”

HCDA Executive Director:  The Kaka’ako Makai community-based master plan is “a flexible conceptual framework… subject to foreclosure.”

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