REPORT TITLE:


DESCRIPTION:
Authorizes the Barbers Point Naval Air Station Redevelopment
Commission to provide utility services for property conveyed by
the Navy to federal, state, and county agencies under base
realignment and closure, and to recoup the costs of these
services from the end users.  Allows the Commission to establish
advisory committees.  (HB1016 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1016
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE REDEVELOPMENT OF BARBERS POINT NAVAL AIR STATION.



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

 1      SECTION 1.  The purpose of this Act is to authorize the
 
 2 Barbers Point naval air station redevelopment commission to
 
 3 arrange for or provide infrastructure services, including
 
 4 utilities, roadway maintenance and repair, security, and other
 
 5 services, that may be required by the owners of properties being
 
 6 conveyed by the United States Navy under the base realignment and
 
 7 closure action and to recoup the costs for these services,
 
 8 including maintenance and administrative costs, from the owners
 
 9 of the properties, make changes to the composition of the members
 
10 of the commission to reflect the recent reorganization of the
 
11 city and county of Honolulu administration; and authorize the
 
12 commission to establish advisory committees as it deems
 
13 appropriate.
 
14      SECTION 2.  Section 206G-3, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16        [[]206G-3[]]  Barbers Point Naval Air Station
 
17 redevelopment commission; established.(a)  There is
 
18 established within the department of business, economic
 
19 development, and tourism, for administrative purposes, the
 

 
Page 2                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Barbers Point Naval Air Station redevelopment commission, which
 
 2 shall be a body corporate and a public instrumentality of the
 
 3 State for the purpose of implementing this chapter.
 
 4      (b)  The purpose of the commission shall be to act as the
 
 5 local redevelopment authority to facilitate the redevelopment of
 
 6 Barbers Point Naval Air Station in accordance with the Barbers
 
 7 Point Naval Station community reuse plan.  The commission's
 
 8 duties shall include but not be limited to:
 
 9      (1)  Coordinating with the Navy and other entities during
 
10           the preparation of an environmental impact statement
 
11           and conduct of remediation activities for the Barbers
 
12           Point Naval Air Station community reuse plan;
 
13      (2)  Assisting the landholders designated by the plan in the
 
14           marketing of their properties and the preparation and
 
15           processing of conveyance requests;
 
16      (3)  Assisting the Navy by providing infrastructure services
 
17           after the closure of Barbers Point Naval Air Station as
 
18           necessary;
 
19      (4)  Working with the Navy and others to provide
 
20           infrastructure support to the existing developed area,
 
21           which is referred to as the "downtown area and other
 
22           federally retained areas;
 

 
 
 
Page 3                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (5)  Developing the infrastructure necessary to support the
 
 2           implementation of the Barbers Point Naval Air Station
 
 3           community reuse plan; and
 
 4      (6)  Providing, to the extent feasible, maximum opportunity
 
 5           for the reuse of surplus property by private enterprise
 
 6           or state and local government.
 
 7      (c)  The commission shall consist of fifteen voting members
 
 8 as follows:
 
 9      (1)  The state director of business, economic development,
 
10           and tourism; the chairperson of the board of land and
 
11           natural resources; the adjutant general; the
 
12           chairperson of the Hawaiian homes commission; and the
 
13           director of transportation, or their designated
 
14           representatives, shall serve as ex-officio voting
 
15           members;
 
16      (2)  [The county chief planning officer; the director and
 
17           chief engineer of public works; the director of housing
 
18           and community development; and the director of
 
19           transportation services,] The county director of parks
 
20           and recreation and three additional county department
 
21           directors designated by the mayor or their designated
 
22           representatives, shall serve as [ex-officio] voting
 
23           members;
 

 
Page 4                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3)  Six voting members shall be appointed for staggered
 
 2           terms as follows:
 
 3           (A)  The governor shall appoint one member from a list
 
 4                of three nominees submitted by the chair of the
 
 5                Makakilo/Kapolei/Honokai Hale neighborhood board;
 
 6           (B)  The governor shall appoint one member from a list
 
 7                of three nominees submitted by the chair of the
 
 8                Ewa neighborhood board;
 
 9           (C)  The governor shall appoint, subject to the advice
 
10                and consent of the senate, two members from the
 
11                general public;
 
12           (D)  The mayor of Honolulu shall select one member from
 
13                the general public; and
 
14           (E)  The Honolulu city council shall select one member
 
15                from the general public.
 
16      (d)  The commission shall select a chairperson and such
 
17 other officers as it may deem necessary from among its members.
 
18      (e)  The commander, naval base Pearl Harbor and commanding
 
19 officer, naval air station Barbers Point may serve as non-voting
 
20 ex-officio members of the commission.
 
21      (f)  A majority of all voting members shall constitute a
 
22 quorum to do business, and the concurrence of a majority of all
 

 
 
 
Page 5                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 voting members shall be necessary to make any action of the
 
 2 commission valid.  All members shall continue in office until
 
 3 their respective successors, selected in the same manner and
 
 4 representing the same community of interest, have been appointed
 
 5 and qualified.
 
 6      (g)  The commission shall hire an executive director for the
 
 7 commission.  The Hawaii community development authority shall
 
 8 [make available employees of the authority to staff] assist the
 
 9 commission as the commission deems necessary.
 
10      (h)  Members appointed under subsection (c) shall serve
 
11 without compensation, but each shall be reimbursed for expenses
 
12 including travel expenses incurred in the performance of their
 
13 duties.
 
14      (i)  The commission may establish advisory committees as it
 
15 deems necessary.
 
16      SECTION 3.  Section 206G-4, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18        [[]206G-4[]]  Powers; generally.  In its role as local
 
19 redevelopment authority for the redevelopment of the Kalaeloa
 
20 community development district, and except as otherwise limited
 
21 by this chapter, the commission may:
 
22      (1)  Sue and be sued;
 

 
 
 
Page 6                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  Have a seal and alter the same at pleasure;
 
 2      (3)  Make and execute contracts and all other instruments
 
 3           necessary or convenient for the exercise of its powers
 
 4           and functions under this chapter;
 
 5      (4)  Make and alter bylaws for its organization and internal
 
 6           management;
 
 7      (5)  Make rules with respect to its projects, operations,
 
 8           properties, and facilities, in conformance with chapter
 
 9           91;
 
10      (6)  Through its executive director appoint officers,
 
11           agents, and employees, prescribe their duties and
 
12           qualifications, and fix their salaries, without regard
 
13           to chapters 76 and 77;
 
14      (7)  Acquire, reacquire, or contract to acquire or reacquire
 
15           by grant, lease, or purchase real, personal, or mixed
 
16           property or any interest therein; to own, hold, clear,
 
17           improve, and rehabilitate, and to sell, assign,
 
18           exchange, transfer, convey, lease, or otherwise dispose
 
19           of or encumber the same;
 
20      (8)  Acquire or reacquire by condemnation real, personal, or
 
21           mixed property or any interest therein for public
 
22           facilities, including but not limited to streets,
 

 
 
 
Page 7                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           sidewalks, parks, schools, utility systems, and other
 
 2           public improvements;
 
 3      (9)  By itself, or in partnership with qualified persons,
 
 4           acquire, reacquire, construct, reconstruct,
 
 5           rehabilitate, improve, alter, or repair or provide for
 
 6           the construction, reconstruction, improvement,
 
 7           alteration, or repair of any project; own, hold, sell,
 
 8           assign, transfer, convey, exchange, lease, or otherwise
 
 9           dispose of or encumber any project, and in the case of
 
10           the sale of any project, accept a purchase money
 
11           mortgage in connection therewith; and repurchase or
 
12           otherwise acquire any project which the commission has
 
13           theretofore sold or otherwise conveyed, transferred, or
 
14           disposed of;
 
15     (10)  Arrange or contract for the planning, replanning,
 
16           opening, grading, or closing of streets, roads,
 
17           roadways, alleys, or other places, or for the
 
18           furnishing of facilities or for the acquisition of
 
19           property or property rights or for the furnishing of
 
20           property or services in connection with a project;
 
21     (11)  Grant options to purchase any project or renew any
 
22           lease entered into by it in connection with any of its
 

 
 
 
Page 8                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           projects, on such terms and conditions as it deems
 
 2           advisable;
 
 3     (12)  Prepare or cause to be prepared plans, specifications,
 
 4           designs, and estimates of costs for construction,
 
 5           reconstruction, rehabilitation, improvement,
 
 6           alteration, or repair of any project, and from time to
 
 7           time to modify such plans, specifications, designs, or
 
 8           estimates;
 
 9     (13)  Provide advisory, consultative, training, and
 
10           educational services, technical assistance, and advice
 
11           to any person, partnership, or corporation, either
 
12           public or private, in order to carry out the purposes
 
13           of this chapter, and engage the services of consultants
 
14           on a contractual basis for rendering professional and
 
15           technical assistance and advice;
 
16     (14)  Contract for and accept gifts [or], grants, utility
 
17           systems, roadway systems, or other improvements in any
 
18           form from any public agency or from any other source;
 
19           [and]
 
20     (15)  Arrange for or provide interim services, including, but
 
21           not limited to, utilities, roadway maintenance and
 
22           repair, security, and other services to the owners of
 

 
 
 
Page 9                                                     1016
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           properties being conveyed by the Navy under the base
 
 2           realignment and closure action; and recoup the costs
 
 3           for these services including maintenance and
 
 4           administrative costs from the owners of the properties
 
 5           in proportion to their use of the services or benefits
 
 6           therefrom; and
 
 7    [(15)] (16)  Do any and all things necessary to carry out its
 
 8           purposes and exercise the powers given and granted in
 
 9           this chapter.
 
10      SECTION 4.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 5.  This Act shall take effect upon its approval.