PLDC – New Name, Same Purpose (Makena Development)

by

– PLDC –
A new name, same purpose

HB 942 Harbors and Parks Development Authority (HPDA)

http://www.capitol.hawaii.gov/session2013/hearingnotices/HEARING_TRN_01-30-13_.HTM  HB 942 – introduced by Souki by request (b/r) as part of Governor’s package

  • Converts PLDC to the Harbors and Parks Development Authority (HPDA) to “make optimal use of harbors and park lands” which would “serve the State and its people better if managed and developed into suitable recreational and leisure centers”
  • Defines all harbors and parks lands as all state boating facilities and parklands under DLNR
  • Gives HPDA the authority to identify harbors and park lands that are suitable for development such as:

State parks: Diamond Head (Oahu), Kokee (Kauai), Hapuna (Big Islnd), Makena Beach State Recreational Area (Maui), Palaau (Molokai) Small boat harbors: Kaunakakai (Molokai), Manele (Lanai), Waianae (Oahu), Port Allen (Kauai), Honokohau (Big Island), Maalaea (Maui)

  • Like PLDC, HPDA can: do marketing analysis to determine the best revenue-generating programs for harbors and park lands; enter into public-private agreements to appropriately develop harbors and park lands
  • Permissible uses of harbors and park land same as PLDC: office space; vehicular parking; commercial uses; accommodations (i.e. hotels, homes, vacation rentals, time share); fueling facilities; storage and repair facilities; and seawater air conditioning plants.
  • Keeps same PLDC board structure substituting OHA administrator for Director of Finance
  • Like PLDC, HPDA shall prepare the Hawaii harbors and park land optimization plan
  • Like PLDC, harbors and park land planning activities of the authority shall be coordinated with county planning departments, county land use plans, policies and ordinances
  • Like PLDC, HPDA HRS 171C-8 states “All harbors and park lands optimization projects, land development plans developed by the authority SHALL be approved by the board. (Note: No set of rules can mitigate or over rule the word SHALL because it is in the law. Leaving no opportunity for denial)
  • DLNR cannot transfer harbors or park lands in fee simple to HPDA
  • Like PLDC, HPDA creates the Harbors and Parks development revolving fund; can acquire by condemnation, real, personal or mixed property for public facilities including streets, sidewalks, parks, schools and other public improvements
  • HPDA can seek assistance from HDCA (Hawaii Community Development Authority) regardless of whether the development opportunities are within a community development district which are: Kaka`ako, Kalaeloa (Barbers Point) and Heeia on Oahu and Hamakua on the Big Island.
  • Adds PLDC Chapter 171C to the definition of “public work” under Hawaii Revised Statutes (HRS) 104 Wages and Hours of Employees on Public Works
  • Deletes “project facility program” which can now be found in HB 557 http://www.capitol.hawaii.gov/session2013/bills/HB557.htm