HOUSE OF REPRESENTATIVES

H.B. NO.

2664

THIRTY-SECOND LEGISLATURE, 2024

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SPORTS FACILITIES.

 

 

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

 

PART I

     SECTION 1.  Any law to the contrary notwithstanding, the appropriation under Act 88, Session Laws of Hawaii 2021, section 26, as amended by section 5 of Act 248, Session Laws of Hawaii 2022, in the amount indicated or balance thereof, unallocated, allotted, encumbered, and unrequired, is hereby lapsed:

     "Item No.           Amount             (MOF)

     A-0.03           $350,000,000            C"

     SECTION 2.  Any law to the contrary notwithstanding, the appropriation under Act 268, Session Laws of Hawaii 2019, section 6, as amended by section 5 of Act 4, Session Laws of Hawaii 2020, as amended by section 18 of Act 146, Session Laws of Hawaii 2021, as amended by section 10 of Act 220, Session Laws of Hawaii 2022, in the amount of $20,000,000 of general obligation bond funds or balance thereof, unallocated, allotted, encumbered, and unrequired, is hereby lapsed.

     SECTION 3.  There is appropriated out of the Halawa redevelopment special fund, as renamed pursuant to section 10 of this Act, the sum of $49,500,000 or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the general fund.

PART II

     SECTION 4.  The director of finance is authorized to issue general obligation bonds in the sum of $211,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2024-2025 for the purpose of upgrading the stadium on the university of Hawaii at Manoa campus to meet National Collegiate Athletic Association division I football stadium requirements, including plans, design, construction, equipment, appurtenances, ground and site improvements, infrastructure, and all related and associated project costs.

     The sum appropriated shall be expended by the university of Hawaii for the purposes of this part.

     SECTION 5.  The appropriations made for the capital improvement project authorized by this part shall not lapse at the end of the fiscal biennium for which the appropriations are made; provided that all moneys from the appropriations unencumbered as of June 30, 2026, shall lapse as of that date.

PART III

     SECTION 6.  Chapter 109, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"CHAPTER 109

[STADIUMS AND RECREATIONAL FACILITIES] HALAWA REDEVELOPMENT AUTHORITY"

     SECTION 7.  Section 109-2, Hawaii Revised Statutes, is amended to read as follows:

     "§109-2  [Stadium] Halawa redevelopment authority; powers and duties.  The powers and duties of the [stadium] Halawa redevelopment authority shall be as follows:

     (1)  To repair, maintain, and operate [stadium facilities and the stadium development] the Halawa redevelopment district, including:

          (A)  [Repairs, maintenance, operations, and demolition] Demolition of existing stadium facilities;

         [(B)  Operations and maintenance of a new stadium;] and

        [(C)] (B)  Contractual payments to developers, contractors, or management contractors engaged by the [stadium] Halawa redevelopment authority;

     (2)  To coordinate in planning, design, and construction activities, including on-site repairs, within the [stadium development] Halawa redevelopment district;

     (3)  To acquire and hold title to real property;

     (4)  To prescribe and collect rents, fees, and charges for the use or enjoyment of the [stadium, facilities related to the stadium,] Halawa redevelopment district, facilities related to the Halawa redevelopment district, and real property held by the [stadium] Halawa redevelopment authority, including entering into leases, contracts, sponsorship and advertising agreements, food and beverage agreements, concession agreements, parking agreements, or other development and use agreements that may apply; provided that leases shall not exceed a term of ninety-nine years;

     (5)  To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter;

     (6)  To adopt, amend, and repeal, in accordance with chapter 91, rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;

     (7)  To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 89, to manage the [stadium, the stadium development] Halawa redevelopment district[,] and its contractors; and

     (8)  To plan, promote, and market the [stadium] Halawa redevelopment district and related facilities."

     SECTION 8.  Section 109-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§109-3.5[]  Stadium development] Halawa redevelopment special fund; established.  (a)  There is established in the state treasury the [stadium development] Halawa redevelopment special fund, into which funds collected by the [stadium] Halawa redevelopment authority shall be deposited, including:

     (1)  All revenues from the [stadium development] Halawa redevelopment district, including but not limited to agreements or actions generating revenue related to [stadium] operations, lease or rental of facilities or land, concessions, food and beverage, parking, sponsorship and advertising, utilities and infrastructure, and development;

     (2)  All gifts or grants awarded in any form from any public agency or any other source for purposes of the [stadium development] Halawa redevelopment district;

     (3)  All proceeds from revenue bonds issued for the purpose of the [stadium development] Halawa redevelopment district; and

     (4)  Appropriations made by the legislature to the fund.

     (b)  Moneys in the [stadium development] Halawa redevelopment special fund shall be used by the [stadium] Halawa redevelopment authority for the payment of expenses arising from any and all use, operation, repair, maintenance, alteration, improvement, development, or any unforeseen or unplanned repairs of the [stadium development] Halawa redevelopment district, including without limitation[:

     (1)  The development, operation, and maintenance of a new stadium;

     (2)  Food and beverage service and parking service provided at the stadium facility; the sale of souvenirs, logo items, or other items; any future major repair, maintenance, and improvement of the stadium facility as a commercial enterprise or as a world-class facility for athletic events, entertainment, or public events; and marketing the facility pursuant to section 109-2(4) and (8); and

     (3)  Contractual], contractual payments to developers or contractors engaged by the [stadium] Halawa redevelopment authority for the purpose of redeveloping the site and related on- and off-site infrastructure that benefits the [stadium] Halawa redevelopment district and its development guidance policies."

     SECTION 9.  Chapter 206E, Hawaii Revised Statutes, is amended by amending the title of part IX to read as follows:

"PART IX.  [STADIUM DEVELOPMENT] HALAWA REDEVELOPMENT DISTRICT"

     SECTION 10.  Section 109-3, Hawaii Revised Statutes, is repealed.

     ["§109-3  Stadium special fund.  (a)  There is created a special fund to be known as the stadium special fund into which funds collected by the authority shall be deposited.  The stadium special fund shall be applied, used, and disposed of for the payment of:

     (1)  The expenses of the operation, maintenance, promotion, and management of; and

     (2)  All or a portion of the cost of financing any capital improvement project for;

the stadium and related facilities; provided that all services required for the stadium and related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the authority shall report to the legislature all receipts and expenditures of the stadium special fund account twenty days prior to the convening of each regular session until the stadium special fund is closed pursuant to subsection (c).

     (b)  Notwithstanding subsection (a), all moneys collected by the stadium authority after June 30, 2021, shall be deposited into the stadium development special fund pursuant to section 109-3.5.

     (c)  Upon June 30, 2021, the stadium special fund established herein shall be abolished, and all appropriations, encumbrances, and the remaining unencumbered balance shall be transferred to the stadium development special fund."]

     SECTION 11.  Sections 40-84, 84-17(d), 109-1, 109-6, 109-7, 171-2, 171-64.7(a), 206E-221, 206E-222, 206E-223, 206E‑224, 206E-225, 226-64, and 445-112, Hawaii Revised Statutes, are amended by substituting the words "Halawa redevelopment authority" wherever the words "stadium authority" appear, as the context requires.

     SECTION 12.  Sections 109-1, 171-2, 201H-191.5, 206E-14, 206E-221, 206E-222, 206E-223(a), 206E-224, 206E-225, and 206E‑226, Hawaii Revised Statutes, are amended by substituting the words "Halawa redevelopment district" wherever the words "stadium development district" appear, as the context requires.

     SECTION 13.  Sections 36-27(a), 36-30(a), and 109-8, Hawaii Revised Statutes, are amended by substituting the words "Halawa redevelopment special fund" wherever the words "stadium development special fund" appear, as the context requires.

PART IV

     SECTION 14.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 15.  This Act shall take effect on June 30, 3000.

 


 

Report Title:

Sports Facilities; UH; Stadium Authority; New Stadium; GO Bonds; Lapse; Stadium Development Special Fund; Halawa Redevelopment; Appropriations

 

Description:

Lapses appropriations of general obligation bond funds previously authorized for the planning, design, and construction of a stadium in Halawa by the Stadium Authority.  Transfers certain special fund moneys earmarked for the development of a new stadium in Halawa to the general fund.  Authorizes the issuance of general obligation bonds for a new stadium on the University of Hawaii at Manoa campus.  Renames the Stadium Authority as the Halawa Redevelopment Authority and the Stadium Development District as the Halawa Redevelopment District.  Amends the powers and duties of the Halawa Redevelopment Authority.  Effective 6/30/3000.  (HD1)

 

 

 

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