Aloha Tower Development 

Authorizes ATDC to appoint exempt officers, employees, and
agents; requires ATDC and DOT to resolve immediately the parking
shortage for the Aloha Tower Marketplace; report to the 2000
legislature.  (SD1)

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

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that the development of
 2 the Aloha Tower Marketplace has brought new vitality to the
 3 waterfront area of downtown Honolulu for residents and visitors
 4 alike.  In addition to the marketplace activities, the cruise
 5 ship industry has experienced tremendous growth in the number of
 6 port calls in Honolulu at piers 9, 10, and 11 in recent years and
 7 that growth is projected to continue.  Two new daily excursion
 8 cruises will begin to operate at pier 8 this year potentially
 9 bringing an additional 1,000 passengers to the Aloha Tower
10 complex every day.
11      The legislature also finds that the Aloha Tower Marketplace
12 continues to attract shopping patrons and the public for special
13 events.  As a result, there is insufficient public parking to
14 accommodate the economic growth at the Aloha Tower Marketplace
15 and piers 8, 9, 10, and 11.  The continued vitality of the many
16 small businesses located at the Aloha Tower Marketplace depends
17 upon the availability of convenient parking, and future
18 developments of the Aloha Tower complex will be greatly enhanced
19 if more public parking is available.

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1      The legislature further finds that one option being
 2 considered to relieve the parking congestion at Aloha Tower is
 3 the construction of a parking facility at piers 10 and 11, which
 4 may include the renovation of the marine terminals within those
 5 structures, and that development of such a parking facility and
 6 renovation of the marine terminals is consistent with the
 7 original plans for the area.
 8      In addition, the legislature finds that most redevelopment
 9 agencies are permitted to appoint officers, agents, and employees
10 without regard to chapters 76 and 77, Hawaii Revised Statutes.
11 Aloha Tower Development Corporation (ATDC) does not have that
12 flexibility under its current statute.
13      The purposes of this Act are to:
14      (1)  Preserve Irwin Memorial Park in the future;
15      (2)  Direct the ATDC and the Department of Transportation to
16           resolve immediately the parking shortage for the Aloha
17           Tower Marketplace, with a report to the 2000
18           legislature on the status of parking for the
19           Marketplace; and
20      (3)  Authorize the ATDC to appoint officers, employees, and
21           agents without regard to chapters 76 and 77, Hawaii
22           Revised Statutes.
23      SECTION 2.  Section 206J-5, Hawaii Revised Statutes, is

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1 amended by amending subsection (a) to read as follows:
 2      "(a)  The development corporation shall have all the powers
 3 necessary to carry out its purposes, including the following
 4 powers:
 5      (1)  To sue and be sued;
 6      (2)  To have a seal and alter the same at its pleasure;
 7      (3)  To make and execute contracts and all other instruments
 8           necessary or convenient for the exercise of its powers
 9           and functions under this chapter;
10      (4)  To make and alter bylaws for its organization and
11           internal management;
12      (5)  To adopt rules under chapter 91 necessary to effectuate
13           this chapter in connection with its projects,
14           operations, properties, and facilities;
15      (6)  Through its chief executive officer, to appoint
16           officers, agents, and employees, prescribe their duties
17           and qualifications, and fix their salaries, consistent
18           with chapters 76 and 77; its chief executive officer
19           may also appoint officers, agents, and employees,
20           prescribe their duties and qualifications, and fix
21           their salaries, without regard to chapters 76 and 77;
22      (7)  To prepare or cause to be prepared a development plan
23           for the Aloha Tower complex, incorporating the needs of

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1           the department of transportation and accommodating the
 2           plans, specifications, designs, or estimates of any
 3           project acceptable to the development corporation;
 4      (8)  To own, lease, hold, clear, improve, and rehabilitate
 5           real, personal, or mixed property and to assign,
 6           exchange, transfer, convey, lease, sublease, or
 7           encumber any project or improvement, including
 8           easements, constituting part of a project within the
 9           Aloha Tower complex, except that required for necessary
10           maritime purposes, including leases or other agreements
11           for the rehabilitation, repair, maintenance, and
12           operation of the Aloha Tower;
13      (9)  By itself, or in conjunction with qualified persons, to
14           develop, construct, reconstruct, rehabilitate, improve,
15           alter, or repair or provide for the development,
16           construction, reconstruction, rehabilitation,
17           improvement, alteration, or repair of any project,
18           including projects or any portion thereof under the
19           control or jurisdiction of qualified persons; to own,
20           hold, assign, transfer, convey, exchange, lease,
21           sublease, or encumber any project, including projects
22           or any portion thereof under the control or
23           jurisdiction of qualified persons;

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1     (10)  Notwithstanding any other provision of law to the
 2           contrary, to arrange or initiate appropriate action for
 3           the planning, replanning, opening, grading, relocating,
 4           or closing of streets, roads, roadways, alleys,
 5           easements, piers, or other places, the furnishing of
 6           facilities, the acquisition of property or property
 7           rights, or the furnishing of property, development
 8           rights, or services in connection with a project;
 9     (11)  To grant options or renew any lease entered into by it
10           in connection with any project, on terms and conditions
11           as it deems advisable;
12     (12)  To prepare or cause to be prepared plans,
13           specifications, designs, and estimates of project cost
14           for the development, construction, reconstruction,
15           rehabilitation, improvement, alteration, or repair of
16           any project, and from time to time to modify such
17           plans, specifications, designs, or estimates;
18     (13)  To provide advisory, consultative, training, and
19           educational services, technical assistance, and advice
20           to any person, partnership, or corporation, either
21           public or private, in order to carry out the purposes
22           of this chapter, and engage the services of consultants
23           on a contractual basis for rendering professional and

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1           technical assistance and advice;
 2     (14)  To procure insurance against any loss in connection
 3           with its property and other assets and operations in
 4           such amounts and from such insurers as it deems
 5           desirable;
 6     (15)  To contract for and accept gifts or grants in any form
 7           from any public agency or from any other source;
 8     (16)  To pledge or assign all or any part of the moneys,
 9           rents, charges, or other revenues and any proceeds
10           derived by the development corporation from proceeds of
11           insurance or condemnation awards, less guarantees to
12           the harbor special fund for the loss of revenues or
13           incurrence of costs and expenses because of any action
14           taken by the development corporation; and
15     (17)  To issue bonds of the development corporation for the
16           purpose of providing funds for any of its corporate
17           purposes."
18      SECTION 3.  The Aloha Tower Development Corporation and the
19 Department of Transportation shall work together to resolve
20 immediately the parking shortage for the Aloha Tower Marketplace
21 and shall develop plans to expedite the construction of
22 additional parking for the Marketplace.
23      SECTION 4.  The Aloha Tower Development Corporation and the

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1 Department of Transportation shall report to the legislature no
 2 later than twenty days prior to the regular session of 2000 on
 3 the status of resolving the shortage of parking for Aloha Tower
 4 Marketplace, which shall include a plan of action and a timeframe
 5 for implementation of its recommendations.
 6      SECTION 5.  New statutory material is underscored.
 7      SECTION 6.  This Act shall take effect on July 1, 1999.