Information on Act 55

By Donna Wong, Hawaii Thousand friends

In the 2011 legislative session Senator Donovan Dela Cruz introduced SB 1555, which created Act 55 the Public Land Development Corporation (PLDC). SB 1555 snuck through the legislature with only 3 public hearings including only 1 hearing on the exemption language.

Act 55:

• Creates a development arm, a board with 5 appointed members, of DLNR to put “appropriate” public lands under the new corporations jurisdiction.
• The purpose is of PLDC is “to create a vehicle and process to make optimal use of public land for the economic, environmental, and social benefit of the people of Hawaii.”
• The Corporation shall identify public lands suitable for development and enter into public-private agreements to “appropriately develop the public lands identified.”

“Permissible uses of public land 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.”

Land under PLDC control shall be exempt from:

• Land use (land under PLDC is exempt from changing ag/conservation land to urban in order to develop the land. PLDC could develop lands qualifying as Important Ag Lands)(No public hearing/no public involvement requirement)
• Special Management Area Use Permit Process (SMA) (No permit or public hearing is required so there will be no review for archaeological resources or review to avoid permanent losses of valuable resources or ensure adequate access to public owned or used beaches, recreation areas, and natural reserves or any shoreline setback requirements)
• Zoning (land under PLDC is exempt permitted uses and structures within zoning districts; regulations governing retaining walls, structure heights, outdoor lighting, development & design standards; off-street and loading standards; regulation controlling erection, location and maintenance of outdoor signs; regulations for development in special districts designed to protect & enhance the physical and visual aspects of an area)
• All statutes (state laws)
• All ordinances (county laws)
• All charter provisions (purpose-All city powers shall be used to serve and advance the general welfare, health, happiness, safety, and aspirations of the inhabitants, present and future, and to encourage their full participation in the process of governance)
• All General Plans and Oahu Development/Sustainable Community Plans
• Construction standards for subdivisions (minimum requirements for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure under the State Building Code)
• Development and Improvement of land
• Construction, improvement, and sale of homes
• State taxes
• Rules of any government agency relating to special improvement district assessments or requirements
• Under the Project Facility Program PLDC in partnership with private entities can “develop a project to identify project facilities” and assess the cost against the property in the project area”

The corporation board can:

•  Sue and be sued and carry out surveys, research; and investigations into technological, business, financial, consumer trends, and other aspects of leisure or recreational land uses in the national and international community.
• Acquire or contract to acquire by grant or purchase “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…including real property together with improvements, if any, in excess of that needed for such use…
• For public purposes dispose of subdivided lots, house lots, apartments or other economic units or economic development”
• Acquire, construct, operate, and maintain public land facilities, including but not limited to leisure, recreational, commercial, residential, timeshare, hotel, office space, and business facilities…”
• Assist developmental, recreational, and visitor-industry related enterprises, or projects developed or managed by the corporation… by developing marketing and promotional strategies to strengthen the position of those enterprises and to better exploit local, national, and international markets.
• Review applications 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”
• Issue bonds to finance the cost of a project and to provide for the security thereof…
•  Assume management responsibilities for small boat harbors…
•  Recommend to the Board of Land and Natural resources the purchase of any privately owned properties that may be appropriate for development.
• Gain control of public land that is greater than 200 acres if the Board of Land and Natural Resources approves the transfer of development rights appurtenant to the property…subject to disapproval by the legislature by 2/3s vote of either the senate or house
• Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements
• Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places…
• Create a public land optimization plan consisting of an inventory of public lands with suitable, adequate…

To pay the PLDC executive director and 2 staff, $135,500 was taken from the Land Conservation Fund for 2011-2012 & will take the same amount for 2012-2013. This fund was created to provide grants to local organizations and agencies seeking to purchase and protect lands having unique and rare valuable resources.