Changes the frequency of the election of the chairperson of the
Metropolitan Planning Organization (MPO) from annually to every 2
years, and updates the functions of the MPO.  Appropriates funds
from harbor special fund for the planning, design, and
construction of a cruise ship passenger terminal at Pier 2,
Honolulu Harbor.  Authorizes improvements to airports without
county approval. (SB392 HD2)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1                              PART I
 2      SECTION 1.  Section 279E-4, Hawaii Revised Statutes, is
 3 amended to read as follows:
 4      "279E-4 Chairperson:  function and term of office.  The
 5 members of the MPO policy committee shall elect [annually] every
 6 two years a chairperson on a rotating basis between the members
 7 of the state legislature and the legislative body of the
 8 appropriate county.
 9      The chairperson shall place on the agenda for full hearing
10 any issue, project, or subject matter relating to transportation
11 which is requested by at least three members of the MPO policy
12 committee."
13      SECTION 2.  Section 279E-7, Hawaii Revised Statutes, is
14 amended to read as follows:
15      "[[]279E-7[]]  Functions of the Metropolitan Planning
16 Organization.  The functions of each Metropolitan Planning
17 Organization shall include:
18      (1)  Serve in an advisory capacity to the legislature, the
19           legislative body of the county, and the appropriate
20           state and county agencies in carrying out continuous,

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 1           comprehensive, and cooperative transportation planning
 2           and programming for the county as required by federal
 3           laws and rules[.];
 4      (2)  Obtain information and plans from the appropriate
 5           county and state agencies to formulate a [short-range
 6           six-year transportation plan for the county and an
 7           annual update of that plan, and a master multi-modal]
 8           transportation improvement program and an intermodal
 9           long-range transportation plan for the county in order
10           to advise the legislature, the legislative body of the
11           county, and other appropriate agencies regarding those
12           plans[.];
13      (3)  Review the capital improvement programs of both the
14           county and state for urbanized and rural areas of the
15           county as they concern transportation[.];
16      (4)  Integrate transportation planning for the county with a
17           statewide transportation planning program authorized by
18           Act 218, [SLH] Session Laws of Hawaii 1974[.];
19      (5)  Develop recommendations to the [state] legislature and
20           the legislative body of the county regarding
21           transportation policy matters[.];
22      (6)  Act as liaison with the intermodal planning group of
23           the secretary of transportation[.];

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 1      (7)  Coordinate the mathematical modeling essential to the
 2           transportation planning process of the county[.];
 3      (8)  Ensure a continuing, comprehensive transportation
 4           planning process carried on cooperatively by the State
 5           and the county[.
 6      (9)  Develop a formula for the distribution of metropolitan
 7           planning funds which shall consider but not necessarily
 8           be limited to population, status of planning, and
 9           metropolitan area transportation needs, and submit this
10           formula for approval by the secretary of
11           transportation.
12      (10) Receive and distribute, as necessary, federal funds
13           under Section 112 of the Federal-Aid Highway Act of
14           1973, the Urban Mass Transportation Act of 1964, as
15           amended, Section 13 of the Airport and Airway
16           Development Act of 1970, as amended, and Section 5 of
17           the Urban Mass Transportation Act of 1964, as
18           amended.];
19      (9)  Perform all activities necessary to comply with federal
20           laws and rules relating to the MPO;
21    [(11)] (10) Receive, expend, and distribute, as necessary,
22           such federal, state, county, and other funds as may

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 1           become available to support metropolitan
 2           transportation[.] planning;
 3    [(12)] (11) Advise on plans, projects, and programs requiring
 4           action by the [state] legislature or the legislative
 5           body of the county which have been submitted for review
 6           to the MPO[.];
 7    [(13)] (12) Undertake [such] other functions as may become
 8           appropriate in an advisory capacity to ensure a joint
 9           planning process between the county and the State, and
10           advise appropriate legislative bodies and agencies, as
11           necessary[.]; and
12    [(14)] (13) If the MPO finds that it is necessary to have a
13           citizens' advisory group to present technical or other
14           expert opinions or facts to the MPO, then such a group
15           may be formed."
16                              PART II
17      SECTION 3.  The cruise ship industry has experienced large
18 growth rates both in Hawaii and around the world.  While for many
19 years the airplane has been the preferred mode of travel,
20 passenger cruising has become more popular.  There are several
21 reasons for this:
22      (1)  Cruising is a better value than traditional air-land
23           vacation package when all costs are considered;

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 1      (2)  According to the cruise industry, the maturing "baby
 2           boomers" are ready to travel, as they have both the
 3           money and time to go ocean cruising; and
 4      (3)  Because airlines have cut travel agent commissions,
 5           while cruise lines still give travel agents full
 6           commission, travel agents encourage cruises more than
 7           airline travel.
 8      As a result, there is a current worldwide demand in cruise
 9 travel.  To meet this boom, cruise lines are building cruise
10 ships in record numbers.  Besides becoming more numerous, the new
11 ships are much larger than the older ships.
12      The purpose of this part is to appropriate moneys toward,
13 and to express strong legislative and community support for,
14 additional cruise ship berths in Honolulu harbor.  The Oahu
15 commercial harbors 2020 master plan recommends that, to increase
16 Hawaii's share of the global cruise tour market, Honolulu harbor
17 must provide more cruise ship berths.
18      SECTION 4.  There is appropriated out of the harbor special
19 fund the sum of $      or so much thereof as may be necessary for
20 fiscal year 1999-2000 for the planning, design, and construction
21 of a cruise ship passenger terminal at pier 2, Honolulu harbor.
22      SECTION 5.  The sum appropriated shall be expended by the
23 department of transportation for the purposes of this part.

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 1                             PART III
 2      SECTION 6.  The legislature finds that the state law
 3 authorizes the department of transportation to plan, construct,
 4 operate, and maintain any commercial harbor facility in the State
 5 without the approval of the county agencies.  The legislature
 6 further finds that this authority should, in part, be extended to
 7 all airports and air navigation facilities in the State over
 8 which the department has jurisdiction.
 9      The purpose of this part is to authorize improvements to
10 airports without county approval.
11      SECTION 7.  Section 261-4, Hawaii Revised Statues, is
12 amended by amending subsection (c) to read as follows:
13      "(c)  Structures and improvements.  [All] Notwithstanding
14 any law or provision to the contrary, all structures and
15 improvements to land, to be used for airport purposes, may be
16 planned, designed, and constructed by the department[.] without
17 the approval of county agencies."
18                              PART IV
19      SECTION 8.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 9.  This Act shall take effect upon its approval;
22 provided that:
23      (1)  Part I shall take effect on January 1, 2001; and
24      (2)  Part II shall take effect on July 1, 1999.