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HomeMy WebLinkAboutHB 2578 HOUSE OF REPRESENTAIVES 2578 THIRTIETH LEGISLATURE,T 2020 H . B . NON HD. 1 STATE OF HAWAII A BILL.. 1700 I /" N ACT RELATING TO PUBLIC LANDS . BE FTENAC"IED BY 'ME 1,,EG1S1,AT'LJRE OF '1'11E S'rA'I'E OF 11AWA11: PART I SECTION 1 . The legislature finds that because of the policies guiding the management of public lands with commercial , industrial, rosort , and hotel uses, there has been little incentive for lessees to make major improvenerats to their infrastructure, resulting in the deterioration of infrastructure and facilities . The lack of improvements in many of these areas has resulted in dilapidaKon, deterioration, or obsolescence of buildings and structures . The department of land and natural rosources has the responsibility of planning Fox: the disposition of commercial , industrial, and hotel and resort classes of public lands to determine specific uses, the minimurn sizes of parcels, required building construction or improvements, and lease terms and requiremeMs . The legislature finds that the rejuvenation of public lands that have become dilapidated, obsolete, or have deteriorated over Lime is in the public interest and constiLutes a valid public purpose . The purpose of this Act is to authorize the designaLion of areas or regions of public lands classhfiud as commercial and industrial use; hotel , apartment, and motel use; or resort use and the establishment and implementation of guidelines fox the redevelopment of the areas or regions that will : (1) Modernize policies (or the management orpublic !ands in the designated area; (2) F,stablish a plan for the designated area, including district-wide improvenients, that is coordinated \vith state and county land use and planning policies; and (3) hirplement asset and property nianagerrient concepts th,�a can optimize income fron) the properties and evolve in response to changing principles of property a(inliaistration. PART T I SECTION 2 . Chapter 171 , Hawaii Revised Statutes, is amended by adding as new part to be appropriately designated and to read as follows : "PART . PUBLIC LANDS REDEVELOPMENT 5171-A Definitions . As used in this part, unless the context, requires otherwise : "Planning committee" or "committee" means the policy-making committee established for a redevelopment district pursuant to section 171-C . "Premises" means the property that is being leased or rented in as designated district . "Public facilities" include streets and highways, storm drainage systems, water systems, street lighting systems, off-street parking facilities, and sanitary sewerage systems . "Redevelopment district " ct "designated district" means an area of public lands designated for: redevelopment pursuant to section 171-B . §171-B Designation of redevelopment district; boundaries; transfer to the committee. (a ) The legislature shall designate redevelopment districts by law for any area of public lands classified as commercial and industrial; hotel , apartment, and motel ; or resort use pursuant to section 171 -10, if the legislature determines that there is a need for planning, development , or redevelopment because the buildings and infrastructure in the area are dilapidated or have deteriorated due to age or. obsolescence . (b) The designation shall specify the boundaries of the redevelopment district . (c) The law designating the redevelopment distr0t shall transfer the management of the publtc lands within the district to the planning committee for the designated district ; provided that any lessee or permittee within the designated district shall perfoym in full compliance with the existing lease or permit . (d) All rules, policies, procedures, guidelines, leases, contracts, loans, agreements, permits, and other materials and documents adopted or developed by the department of land and natural resources to implement applicable state laws AM remain in full force and effect until amended or repealed by the committee . §171-C Planning committee; members ; district administrator; repeal . (a) Upon the designation of a redevelopment district pursuant to section 171-B, a planning committee for the designated district shall be established within the department for administrative purposes . (b) The committee shall be an executive committee for the designated district and shall consist of nine voting members . The committee shall consist of : (1) The chairperson of the borud of land and natural resources and the chrect(w of planning of Ow coumy in which the designated district is located, or their designated representatives, %vlaca shall be tax officio rnernbers; arid (2) Seven niernbers of the public appointed by the governor pursuant to section 26-34; provided that of the, merribem appinted PUrsuant to this paragraph: (A) Two members shall be selected from a list of three names for each nomination submitted by the president of the senate and two members shall be selected from a list of three names for, each nomination submitted by the speaker of the house of representatives, in collaboration with the legislators from the county in which the designated district is located; provided further that the governor shall select a name no later than days after receipt UE each list; (B) Three members appointed by the governor pursuant to section 26-34 ; provided that : ( :L ) One member shall represent the business sector within the designated district ; (ii) One member, shall have experience and expertise in tW area of Hawaiian cultural practices; and ( iii) One member shall be a member of the public and as resident of the county in which the designated district. is located; provided further that the governor shall appoint these members no later than days after designation of the redevelopment district; and (C) The seven members of the public shall have expertise in development of commercial , industyial, resort, or hotel. lands as well as expertise in at least one of the following areas and shall be selected on the basis of their knowledge, experience, and expertise in : ( i) Management of small or large businesses; ( A ) Economics, banking, investment, or finance; (iii ) Real estate development ; (iv) Real estate management ; (v) Marketing; (vi) Hawaiian cultural practices; or (vii ) Hotel and resort management; provided further that of the seven inembers orthe rniblic, three nicinbers shall be residents ofthe COLUIty ill which the designsded district is Joemed and A merribms AM be residents of the State. (c) The ccnmithee shall elect its chairperson from among its members of the public . (d) The members of the committee shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the performance of their duties . This subsection shall not be construed to prohibit the ex officio mernhers of the committee from receiving their salaries and wages for their work as public officials . (e) The committee shall appoint a district administrator, who shall be the chief executive officer for the designated district . The district administrator shall have expextise in development of commercial, industrial , resort, or hoteL lands as weLl as expertise in at least one of the following areas and shall be selected on the basis of the person ' s knowledge, experience, and expertise in management of small or large. businesses; economics, banking, investment , or finance; real estate development; real estate management ; law; marketing; or. hotel and resort management . The committee shall set the district administrator ' s duties, responsibilities, holidays, vacations, leaves, hours of work, and working conditions . The committee shall set the salary of the district administrator, who shall serve at the pleasuie of the committee and shall. be exempt from chapter 76 . (f) The committee shall be dissolved upon the completion of the redevelopment project . §171-D Powers and duties; generally; exemption from administrative supervision of boards and commissions . (a) The committee shall have the following powers and duties : (1) Through its district adnimimitraMr, appoint stalTruid crnployecC 1wescribe then- dutiesand qualifications, and Ax their salaries, without regard to chapter 76; (2) ThrOUgh its district a(firrinistrator: (A) Allocate space or spaces that are to be occupied by the committee and appropriate staff ; and (B) Purchase necessary supplies, equipmenL, or furniture; (3) prepare as redeveloptnent plan for the designated district that shall be submitted to the board Or review and approval; (4) NoWiTsWriding any (Ater law k) the contrary, Lase public lands in as designated district and renew or rmrcgotizae any Wase In conntMon with any prtco contained in the redevelopment plain for the designated district, on Icrais and cmuStimis primums to Mimi 1`71 A and consistent with the redevelopinent plan; (5) Pi-epare or cause to be prepared plans, Wgri criteria, landscaping, and estimates of costs for the COnStTLIC6011, rehabilitation, or repair of any p§ect contained in the redevelopment planar t'or the dcsignaAed district, and hurn time, to tine modify the plans or estimates; (6) Conduct studies in conjunction with county and state agencies necessary to determine the appropriate activities for redeveloptnerit in the designated district.; (7) Reduce or waive the lease rental on arty lease of public land for any project in the designated district that requires substantial irriprovenients; provided that the reduction or waiver shall not exceed one year; (8) Make and execute all contracts and instruments riecessaty for We exercise of its powers and functions relating to the designated district, including engaging ofthe set-vices of consultants for rendering of professional and technical assistance and advice; (9) Enter into a development agreerneril kvith a developer or developers for any project contained in the i-edevelopment plan; provided that the development agreernerit shall contain: (A) A descript: ion of Lhe location, area, and size of the parcel to be deveLoped; (B) The use or uses to which the parcel shall be put A conformance with Lhe redevelopment, plan and with applicable sLate and county laws and ordinances; (C) The period of time Eor the construction and completion of the redevelopment; and (D) Of Lerms and conditdons that the commitLec deem,,-; necessary; (10) 'N6rk closely and communicate with the county to coordinate the execution of the designated district's planning, incrernental projects, work schedules, public works, and budget; and (I 1) Do any and all things necessary to carry out its purposes 'and exercise the powers given and granted in this part. (b) Notwithstanding any law to the contrary, the commAtee shall be exempt from section 26-35 (a ) ( 1 ) , (4 ) , (5) , and (6) . §171-E District redevelopment plan. (a ) The commitLee shall prepare a redevelopment plan Eor Lhe designated distAct, including district deveLopment policies, the disLricL improvement program, necessary public facilities, and Lhe development guidelines and rules for the designaLed disLAct . In catrying out its planning activities, the committee shall,. comply with chapter 205A and applicable county buildLng and zoning ordinances . (b) The committee shall prepare a redevelopment plan for the designated district that : (1) Establishes, il'applicable, areas principally for (A) Commercial activities; (B) Processing, construction, manufacturing, transportation, wholesaling, storage, and similar industrial activities; (C) Resort and hotel activities, including uses that provide facilities and services for visitors; and (D) Public taciiities and recreational facilities, with deLjai led standards for height, bulk, size, and location of buildings; (2) Includes district-wide impnivernent prograrn for necessary district:-NA/ide public facilities within the designated district; (3) Includes plans, specifications, and estimates orl-he cogs lor the develops-hent, construction, reconstruction, or improvement of any prject in the designated district, and Our nine to thue niodity the plans, specifications, or estimates; (4) If possible, identifies specific uses for areas in the designated district and the required parceling of land into rninirriurn size areas related to the Specific Uses; (5) Dcterrnincs the lease rental that should be established for the specific uses and the terms and conditions of the leases; (6) BMWs interim developnient coinuols to be in`pleniented during the transition to the execution of the provisions of die redevelopment plan, such as rcu)nirnending the holdover of or lessee pursuant to section 17 640 or issuance of permits pursuant to Won 171-55 to existing lessees up(ni the expiration oftheir lease terins; and (7) Allows the use of land or any building existing; on the Me the redeveloptnent plan is adopted to continue as a nonconAwming Use; provided that the nonconforming builohng shall riot be replaced, expanded, or changed to another 11011CO111"Orruing use. (c) The district redevelopment plan may provide for the withdrawal or taktny for public purposes of public land or portion of public land under a lease . The lease rental shalL be reduced in proportion to the value uf the portion of the premises condemned, and the lessee shall be entitled to receive the proportionate value of the permanent improvements legally made to or constructed by the lessee upon the land taken in the proportion that.. it bears to the unexpired term of the lease . (d) Prior to adoption, the committee shall hold a public hearing on a proposed redevelopment plan for the designated district and shall consider the comments received and incorporate any revisions to the plan that may be necessary. (e) The committee shall submit an annual report on the progress of the redevelopment project to the board . The report may include the redevelopment plan recommended by the committee with its recommendations for appropriations by the legislature or the authorization of bonds, or, both, to implement the redevelopment plan in a timely manner . The board. shall review and approve the recommended redevelopment plan and shall submit the report to the governor and the legislature with a request for Thee requiYed appropriations and bond authorization . §171-F Designated redevelopment district revolving fund. (a) A separate revolving fund shalL be established for each redevelopment district designated pursuant to section 171-B, into which shall be deposited: (1) Fi-fly per cent of the reventies, incorlie, and receipts of the department froryi the public lands ill the dedgrialed district, nert"rithmanding Won 17119; (2) Moneys appropriated by the legit laWre to the reWing find; and (3) Any ,As, grants, and (Ohm- finds accepted hy the coinmtec. Each revolving fund shall bear the name used by the legislature in designating the redevelopment district . (b) Moneys in each designated redevelopment district revolving fund shall be expended by the committee and used in the designated district for the purposes of this part; provided that no expenditure shall be made from the fund and no obligation shall be incurred against the fund in excess of the amount standing to the credit W Lhe fund . (c) After the committee is dissolved, the unencumbered balanCe remaining in the corresponding redevelopment district revolving fund shall. be transferred to the special land and development fund established pursuant to section 171-19 . '' PART ITJ SECTION 3 . The legislature designates the public lands on the Waiakea peninsula on the island of Hawaii as the Waiakea peninsula redevelopment district . SECTION 4 . The Waiakea peninsula redevelopment district shall include the area bounded by the shoreline from the intersection of Lihiwai street and Kamehameha avenue; Ramehameha avenue to its intersection with Kalanianaole avenue; Kalanianaole avenue to its intersection with Banyan way; Banyan way from its intersection with Kalanianaole avenue to its intersection with Banyan drive; from the intersection of Banyan way and Banyan drive to the shoreline; the shoreline around the Waiakea peninsula, including Mokuola island, to the intersection of Lihiwai street and Kamehameha avenue . SECTION 5 . There is established a Waiakea peninsula redevelopment district planning connittee . The committee shall be appointed as provided. in section 111 -C, Hawaii Revised Statutes, and shall exercise the powers and duties in the designated district as authorized by chapter 171 , part , Hawaii Revised Statutes . Pursuant to section 171-B (c) , Hawaii Revised Statutes, the public lands within the Walakea peninsula redevelopment district are transferred to the Waiakea peninsula redevelopment district planning committee . SECTION 6 . There is established the Waiakea peninsula redevelopment, district revohing fund, into which shall be deposited : (I) My per cent ofthe revenuct Wconie, and receipts Poin the public lands in the Waiakea peninsula redevelopinent district; (2) MoneysappixTHalal by die legislature to the revolving fund; and (3) Any gitim granis, arK1 other funds accepted by the Miakca penin da redevelopnient district planning corrii-niftee. The moneys in the revolving fund shall be used in the Waiakea peninsula. redevelopment district for the purposes described in chapter 171, part Hawaii Revised Statutes . SECTION 7 . There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 to be deposited into the Waiakea peninsula redevelopment district revolving fund. SECTION B . There is appropriated out of the Waiakea peninsula redevelopment district revolving fund the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of this part . The sum appropriated shall be expended by the Waiakea peninsula redevelopment district planning committee for the purposes of this part . PART IV SECTION 9 . Section 171 -6, Hawaii Revised Statutes, is amended to read as follows : -9171-6 Powers . Except as otherwise provided by law, the board of land and natural resources shall have the powers and functions granted to the heads of departments and the board of land and natural resources under chapter 26 . In addition to the foregoing, the board may: (1) Adopt a seal; (2) Administer oaths; (3) Prescribe forins ofinstrunients an(i docunlents; (4) Adopt rL11CS which, LIP011 C011-11fliance with chapter 91, shall have the farce, and effect oflaw; (5) Set, chargc, demand, and collect reasonable flues for the preparation ot'documents to be iSSUed, for the surveying of pubhc land:,, and Ar We issuirig ot'cerfified copies of its go/crnnient records, which fees, whets collected, shall be depositc(l into the state general fund, unless otherwise specified in this chapter; (6) Establish additional restrictions, requirements, or conditions, not inconsistent with those 1-.)rescribed in this chapter, relating to the use of particular],in(] being disposed of, the terms of sale, lease, license, or permit, and the qualifications of any person to draw, bid, or negotiate for public land; (7) Reduce or waive the lease rental at the beginning ofthe lease on any lease Of public land to be used for any agricultural or pastoral use, or for resort, commercial, industrial, or other business tise where the land being leased requires substantial improvements to be placed thereon; provided that Such reduction or waiver shall not exceed two years for land to be used for any agricultural or pastoral use, or exceed one year lot- land to be lised for resort, commercial, industrial, or other business use; pt()KL cLegl f'Orthqr that if lease for resort, commercial, industrial, other bLISiTICSS, or residential pgrp ),ses requires a lessee to demolish existing inil1rovernerits or ovide basic infrastrUcuire including_dr�iinagg, sewer, ater, electricity,lectri(jjy, and other utilities before the lessee can make _� P LOdUCtIVe use of the land, the board may L p (jve a redtiction or waiver of lease rental for a )eriod of up_ -- _pL --I- _-Lo twenty yg_aArsthat shall not exceed the 11TIOUnt ofthe lessee's total expenditures for derriolition or Provision of the intrastructLirc; (8) Delegate to the chairperson Or employees of the department of land and natural resources, subject to the board's control and responsibility, such powers ,,in(] duties as may be lawful or proper for the performance of the, finictions vested in the board,- (9) Use arbitration under chapter 658A to settle arty controversy arising Out of arty existing or future lease; (10) Set, charge, and collect reasonable fees in an amotmm sufficient to def-ay the cost of pc forming or. Otherwise providing for the inspection of activities pernutted UI)O11 the isstiance of land license involving a cornmercial purpose,- (I I) Appoint masters or hearing officers to conduct public hearings ars provided by haw and under such conditions as the, board by niles shall establish; 12) Bring such actions as may be necessary to remove or remedy encroachments Upon public lands, Any person catising an encroachment upon public Lmd shall: (A) Be f d.ned not rrio r e th�.i n ';:1., 000 a day f c.)r, the f.-.Lr s t cu,:f f en se (B) Be f i ned not. Kers t} ,-m $ 1. , 1)00 noi.- thin $4 , C)00 1...,er clay i a to o n t,h e s e c o n d o f f err :;e a r i d t,,h e r a ft-.e r; (C) If required by the board, restoye the land to its original condition if altered and assume the costs thereof; (D) Assume such costs as may result from adverse effects Erom such restoration ; and (E) Be liable for administrative costs incurred by the department and for payment of damages; (13) Set, charge, and collect interest and a service charge on delincgrent payments due on leases, sales, or (Aber accounts. The rate of hAct-est shall not exceed one per cent a month and the service charge shall not exceed $50 a month for each delinquent payment; provided that the contract shall state the interest rate and the service charge and be signed by the party to be charged; (if Set, charge, and collect additional rentals for the unauthorized use ofpublic lands by a lessee, licensee, grantee, or permittee who is in violation of any term or condition ofa lease, license, easement, or revocable permit, retroactive to the date of the occurrence of the violation. Such amounts shall be considered delinqUent payments and shall be subject to interest and service Charges as provided in paragraph (13); (I Y Se; charge, and collect reasonable fines for violation of this chapter or any rule adopted thereunder. Any person engaging in any prohibited use of public lands or conducting any prohibited activity on public lands, or violating any of the other provisions ofthis chapter or any rule adopted thereunder, for which violation a penalty is not otherwise provided, shall be: (A) Fined not more than $5, 000 per violation for a first violation or a violation beyond five years of the last. violaMon; provided that, after written or verbal notification from the department, an additional $1 , 000 per day per violation may be assessed for each day in which the violation persists; (B) Fined not more than $10, 000 per violation for as secon(i violation within five years of the last violation; provided that, afLer written or verbal notification from the department, an additional $2, 000 per day per violation may be assessed for each day in which the violation persists; (C) Fined not more than $20, 000 per violation for a third or subsequent violation within five years of the last violation; piovided that, after written or verbal. notification from the department , an additional $4, 000 per day per violation may be assessed for each day in which the violation persists; ancl (D) Liable for administrative costs and expenses incurred by tW department and for payment for damages, including but not, limited to natural resource damages . In ad1don to the fines, administratke costs, am] damages provided for hereinabove, for damage to or theft of natural resources, the board may also set, charge, and collect a fine that, in its discretion, is appropriate considering the value of Me natural resource that is damaged or the subject of the theft. In arriving at an appropriate Wn the board may consider the mWet value of the natural resource Tunaged or taken and any other IS= it deems appropriate, such as the loss of the natural resource to its natural habitat and envixonryient and the cm of restoration or replacement. The rernedics provided for in this paragraph are cumulative and in addhimi to any (Aher remedies allowed by la\v. No person shall be sanctioned pursuant to this section Or the exercise of native Hawaiian gadwring rights and traditknal cultural practices as authorised by lmv or as permitted by the department pursuant to article XII, section 7, of the Havvaii state constitution; (16) Issue revenue bonds, subject to the approval of the legislature. All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter. All revenue bonds shall be issued in the name of the department anti not in the name orthe Star, The final maturity date orthe revenue bcmds may be any (krte trot eXCee(lkg Any YOWS h-0111 alae &.uC Of issuance; (17) Pledge or assign all or any pan of Me receipts and revenues of the department. ne revenue bonds shall be payable himn and secured solely by the revenue derived by the department from the industrial pial( or pa&s for which the bonds are issue(]; (18) Relinburse the state general fund for debt service oil general obligation bonds or reirnbursable general obligation bonds issued by the State f-(..)r purposes of this chapter-1 19) Notwithstanding I-mil 11 of chapter 205A to the contrary, plan, design, construct, operate, and maintain any lands or facilities under the jLll-iS(.ilCti011 of the division of boating and ocean recreation of the department without the need to obtain a special irianagernerit area rintior permit or special trianagernent area rise permit; and (20) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter." PART V SEC"PION .1.0 . Chapt.er .1 '71 , Hc,'Gwa.-i.i F',ExV.J-seci Statutes, is amenc.J(erzi h)y a d d i n g as 1-1 Ea W S e t i.C)rl t 0 P a r t I t--r) i.r appy. ofir riat.ely cies.',.Lgnria ted and t.o read as follows : 171-- Develop m.ent--.qf public lands in a redevelopment area. i N 0 t W i.t'h S t.,a.I I LjY --.aL -Li-oyis.i.on of -'law to the contrary, a 1(:)(.,,a1 redevedojLm_(�=nt, Li(4LLLL r ea t i�i r s u ri't, s e c L.i.o i-1 5 3--2, w i.t I i t I�e T,,)r� i,o r a V�j-1 C-)f y I-L L�D I E (--,ot.mr ij. of the aicot..Intv., app�()\7�11 of th( _-, overnor , and. aiat.h(- izat.ion (,)f t�he le --.,,(,�21�cuirrent. rc�sol.L i,i t i,c)ri, i ri a C:)t i,a t' a r J I—P 9 —Y--L ig.rec.�ment vjj,th a devej.oj.-LE_r.L i�)usiries's, hotel. , or 1..esort uses on a 1_eLi to a:l r,'edeve1opjnL-,.Lit pj-ari a(jo�Li-�-Lj_jly t lie -1.oc�.l I a - en -'y ursuant: to 53 . ( o L)_ The cjevel.o.yment-. leasehol.d d i y-L t- J.- i oi i (D f t,h e .1.a ri d a n d -, 11 a 1. 1. Describe the 1n i ji j e—ct to the dev e I pnae wlt.vrgrWcLa remmrwtk,includiig �Ll—ocat— ion, area, and sizeofthe land; use or uses for the land; ,(3) EeqqLipe that the I- 'tted u, ?qnj se or uses conform with at al) licqt)IeLstge an(] county laws and ordinances, .(4) ti-iclude the start and conip.k tion dates of construction negotiated with ftie (Icycloj r; — jq ,(5) ,SI2eLcif. SeLillld illvolvcd with the developrijent; �Lihe on-site A PraoYAW juirenients ofthe land specified in the devcJopjgyT;t agwerwar,111 -Lul—ld 12) 1001twidle an Qqtie Wal r(Javylypywat alynacy." SECTION 11 . Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows : "Q 7- Redeyelopme:qt_ pKy0_i_e_C_t Thi.,s., (-.,.hapLnr slaa.3.1-roc t -appQ ruction of worL or improvements of Lc)vernent.s of a redevelopm2ntpr2ject e c't _ _(ha) For the gn1poaLs of this section : "Construction of work or improvements of a redevelopment, project'' eagineeiZog. labor, and materials associated wdth 'Wne n t_ pr_ J e c t h a t i s part.._af tha LajevLigpment plan adoptejday_n_local_iLedeve!gRMLLL_agency pur✓Ljanit, to ch,apter 51.3 . "RedevelopmenL ,pLroject " Shall havR the sama.,meaning as dei.r ,d -in section 53-1 . '' SECTION 12 . Section 238-1 , Hawaii Revised Statutes, is amended by amending the definition of "use" to read as tollows : se" (and any nounal , verbal , adjectival , adverbial, and other equivalent form of the term) herein used interchangeably means any use, whether the use is of such nature as to cause tho property, services, or contracAng to be appreciably consumed or not, or the keeping of the property or. services foi such use or for sale, the exercise of any right or power over. Lanqible or Wangible personal property incident to the ownership oE thaL property, and shall include control over. Langible or Ktangible property by a seller who is licensed or who should be licensed under chapter 23V, who directs Lhc WportaLion of the property into the State for sale and delivery to a purchaSeT in the State, liabiliLTy' and free on board (FOR) to the contrary notwithstanding, regardless of where titole, passes, but the term "use" shall not include : (I) Teinporary use of property, not of perishable or quickly conSUrnable nature, where the property is imported into the State for temporary use (not sale) therein by the pet-son importing; the same and is not intended to be, and is not, kept permanently in the. State. For exarnple, mrith0t.lt finliting the generality of the foregoing language: (A) In the case of a contractor importing permanent equipment for the performance of a construction contract, with intent to remove, and who does remove, the equipment out of the State upon completing the contract ; (H) In the case of moving picture films imported for use in theaters in the State with intent or under contract to transport the same out of the State after completion of such use; and ((:::) In the case of as transient visitor importing an automobile oy other belongings into the State to be used by the transient visitor while therein but which are to be used and are removed upon the transient visitor ' s departure from the State; (2) Use by the taxpayer of property auptimd by the taxpayer solely by way of gift; (3) Use viluch is limited to the recApt of articles and the return thereof, to the person frO111 WhOra acquired, ininiediately or Nvithin a reasonable dine either after temporary trial or without AM; (4) We of .marls imported into the State by the owner of vessel or vessels engaged in interstate or foreign corrinteme and held for incl used only as ship stores for the vessels; (5) Tle use or keeping for use of homeludd goods, pemomd eRbOC and private automobiles imported into the We for nonbusiness use by a person who: (A) Acquired them in annther staLc, territory, district, or:­ country; (B) At the time of the acquisition was a bona fide residenL of' another sLaLe, territory, district, or country; (C) Acquired the property for use ouLside the State; and (D) Made actual and substantial use thereof outside this State; provided that as to an article acquired less than three months prior to the time of its importation into the State it shall be preset-ned, until and unless clearly proved to the contrary, that it was acquired for use in the lime and that its use outside thea State %vas not atonal and substantial; (6) The leasing or renting of any aircraft or the keeping ofany aircraft solely for leasing or renting to lessees or renters using the an-craft 1'(,)i- commercial transportation of'passginger: and goods or the acquisition or importation ofany such aircraft or aircraft engines by any lessee or renter engaged in interstate ail, transportation, For purposes ofthis paragraph, "leasing" inClUdes all forms oflease, regardless of whether the lease is an operating lease or financing lease. The def nnion of"Interstate an- transportation" is the san-re as in 49 U&C 40102; (7) The Use ofoceangoing vehicles far passenger or passenger and goods transportation from one point to another within the State as a public Utility as defined in chapter 269-1 (8) The Use of material, pails, or tools imported or purchased by a person licensed under chapter 237 which ,ire used for aircraft service and nraintenance, or the ConStrUction of an aircraft service and maintenance facility IIs those terms are defined in section 237-24,t); (9) ]'lie Use ofservices or contracting imported J'(,)i- resale where the contracting or services arc for resale, consumption, or use outside the State pursuant to section 237-29,53(a); [ftffd] (10) The USC Of Property, services, or contracting imported by foreign diplomats and consular officials who are holding cards issued or as thorized by the United States Department of"State granting them an exemption from state taxesf-.],- and (.Ll), The Use of material,j),i, rts, cLi tools inilLorted (.It irchased by Li son licensed Lncler chal.iter-237that are - - -LpL- - - used for the cons I.I*LlCt.i Oil of work or impjovenig it�of z_peclevclopment I roJect as defined in section 237- T/V .1.(-",ga:r-d t...,o pu r cli a,,-3os i,ri acd(,r E,,ind di t r,i bu t eci tl n rj(,-I:- t11E a u t h o r i-t Y 0 f chapt e r- 4"%_":N. , jI COOPE�1 a t,i.ve-, .-i s soc-i a t -1 on a11. I)e d t--he as s _r t-he 1-eo f PART VI SECTION 13 . In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act . SECTION 14 . This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its efEective date . SECTION 15 . If any provision of this Act , or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable . SECTION 16 . Statutory material to be repealed is bracketed and stricken . New statutory material is underscored. SECTION 17 . This Act shall take effect on the date that the county of Hawaii repeals the Banyan Drive Hawaii redevelopment agency; provided that the county of Hawaii repea ,s the Banyan Drive Hawaii redevelopment agency prior to ; provided further that if the county of Hawaii repeaAs the Banyan Drive Hawaii redevelopment agency prior to July 1 , 2020, this Act shall take effect on July 1 , 2050 . Report Title: DINR; Public Lands; Redevelopment; W a i a k e a Poninsula; Appropriation Description: Authorizes the designation of areas or reqions of public lands classViecl as commercial, industrial , resort and hotel , and the establishmenL and implementation of guidolines for Lhc redevelopment of Lhe areas or. regions . Designatos the public lands on the Waiakea peninsula on the island K Hawaii as Lhe Waiakea Peninsula Redevelopment District . Allows the Board of Land and Natural Resources to issue a rent reduction or waiver for cerLain lessees ' expenses for demolUion or provision of basic, infrastructure . Authorizes a local redevelopment agency to contract Mh a developer for construcLion, of non-residenUal projects on public land wiLhin a redevelopment area . Exempts the costs of conMuction of work o.r improvements of a redevelopment project from general excise and use taxes . Takes effect upon the County of Hawaii repealing the Banyan Drive Hawaii redevelopment agency. Makes an appropriation . Effectivc 7/1/2050 . (HDI ) The surninary description of legislation appearing on this page is for infort-national put-poses only and is not legislation or evidence of legislative intent.