Report Title:

Airport Authority in Hawaii

Description:

Creates the Hawaii state airport authority, effective 7/1/2005, with jurisdiction over all airports owned or controlled by the State. Creates temporary airport authority task force within the governor's office to draft legislation to implement the Hawaii airport authority.

HOUSE OF REPRESENTATIVES

H.B. NO.

1721

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii state airport authority.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. (a) The legislature finds that Hawaii's air transportation planning, management, and development functions, as they relate to the airports owned or controlled by the State, are currently dispersed among the department of transportation's airports division and other agencies, including the office of Hawaiian affairs concerning ceded lands issues.

The legislature further finds that this multi-jurisdictional situation has resulted in inefficiencies and conflicts over resources and uses that are difficult to resolve between agencies. In addition, this situation sometimes leads to conflicting plans of action among the different agencies to implement differing goals.

The legislature further finds that the economic well being of the State depends in part on the efficient use of its air transportation resources, which will enhance and complement efforts to revitalize Hawaii's economy. The legislature believes that coordinated planning and development of air transportation within the State would be implemented more effectively by a single entity having overall consolidated jurisdiction.

(b) The legislature further finds that the advantages of establishing a Hawaii state airport authority include:

(1) Providing an appropriate forum for all affected interests;

(2) Increasing efficiency in land utilization and related lease processes;

(3) Streamlining administrative processes;

(4) Making possible more responsive planning;

(5) Increasing financial flexibility; and

(6) Increasing responsiveness to customer needs and economic demands.

(c) The establishment of a Hawaii state airport authority will also assist in the following important statewide objectives:

(1) Increase security for the State. In the aftermath of the September 11, 2001, terrorist attacks, the legislature finds that there is a much greater need to coordinate state security interests for the State's airports;

(2) Improve administrative efficiency. The operation of the Hawaii state airport authority will help to streamline administrative processes, thereby making possible more responsive planning, increasing financial flexibility, and increasing responsiveness to customer needs and economic demands; and

(3) Coordinate environmental issues affecting the State's airports, particularly relating to alien invasive species. The legislature finds that the Hawaii state airport authority will enable that entity to serve as the agency responsible for alien invasive species protection and control.

The legislature finds that the rational allocation and administration of scarce and increasingly valuable airport resources in the State through the establishment of the Hawaii state airport authority is vital for the well-being of the people and the economy of the State.

Accordingly, the purpose of this Act is to establish the Hawaii state airport authority, an independent public entity to set statewide policy on all matters relating to all airports in the State, and to transfer the functions, duties, and powers exercised by the department of transportation over airports in the State to the Hawaii state airport authority.

It is the intent of the legislature that the functions, duties, and staff of the departments and agencies currently charged with the responsibilities to be administered by the Hawaii state airport authority will be eventually transferred to this authority. Because of the complexities involved with such a transfer, however, this Act establishes the Hawaii state airport authority and its board and also creates a temporary Hawaii state airport authority task force within the office of the governor to draft legislation to implement this Act.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII STATE AIRPORT AUTHORITY

§   -1 Definitions. As used in this chapter, unless the context indicates otherwise:

"Administrator" means the administrator of the Hawaii state airport authority.

"Airport" means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon.

"Airport authority" means the Hawaii state airport authority of this State.

§   -2 Hawaii state airport authority; establishment; members and administrator. (a) There is established the Hawaii state airport authority, which shall be a body corporate and a special political subdivision of the State for the purposes of this chapter. The airport authority shall be placed within the department of budget and finance for administrative purposes only.

(b) The airport authority shall consist of seven voting members. The administrator shall be an ex-officio voting member of the airport authority. Two members shall be appointed by the governor pursuant to section 26-34, except as specifically provided to the contrary in this section. Two members shall be appointed by the governor from a list of            names provided by the president of the senate; and two members shall be appointed by the governor from a list of            names provided by the speaker of the house of representatives; provided that:

(1) Those members appointed by the governor from lists provided by the president of the senate and the speaker of the house of representatives shall be selected from lists of prospective appointees recommended by the councils of each of the counties;

(2) The governor shall stagger the terms of those members appointed from lists provided by the president of the senate and the speaker of the house of representatives so there will always be at least one member in office at all times; and

(3) Those members appointed by the governor from lists provided by the president of the senate and the speaker of the house of representatives shall be exempt from senate confirmation.

All members, except for the administrator, shall continue in office until their respective successors have been appointed and, if required, confirmed by the senate. The airport authority shall establish bylaws providing for the automatic succession of a deputy administrator to the vacant post of administrator on an interim basis and until a permanent administrator is appointed. Except as provided in this chapter, no member appointed under this section shall be an officer or employee of the State or the counties.

(c) The airport authority shall be headed by a single executive to be known as the administrator of the airport authority. The administrator:

(1) Shall be appointed by the vote of not less than four members of the airport authority, excluding the administrator;

(2) Shall be a voting member of the airport authority; and

(3) May be removed from office by a vote of not less than four members of the airport authority, excluding the administrator.

The administrator shall have the powers that are described in this chapter and that may be delegated by the members of the airport authority. The administrator, with the majority consent of the members voting thereon, shall appoint a division chief for the airport authority's airport responsibilities. The division chief shall exercise and discharge the division chief's responsibilities, regardless of whether in the administrator's presence. The division chief shall report to, and be under the supervision of, the administrator. The administrator, with the majority consent of the members voting thereon, may appoint any deputy administrators that the administrator deems appropriate. Each deputy administrator shall exercise those powers that may be delegated by the administrator, regardless of whether in the administrator's presence. The administrator may hire staff and employees to fill positions that may be provided for in the airport authority's annual budget. The functions and duties of all positions, and the discharge of any staff or employee hired by the administrator, shall be provided for in the bylaws of the airport authority.

§   -3 Powers; generally. (a) Except as otherwise provided in this chapter, the airport authority:

(1) Shall exercise power and control over all airports, buildings, and other facilities belonging to, or controlled by, the airport authority in the State, to provide for:

(A) The landing, taking-off, and servicing of aircraft and the loading and unloading of passengers and cargo;

(B) The comfort, accommodation, and convenience of air travelers; and

(C) Any matter related to the foregoing;

(2) May use the facilities and services of any department, board, commission, or agency of the State or counties;

(3) May sue and be sued;

(4) Shall have a seal and may alter the seal at its pleasure;

(5) May make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(6) Shall establish bylaws for its organization and internal management;

(7) Shall establish bylaws for the adoption of rules and shall adopt rules under chapter 91, through the administrator, to effectuate this chapter;

(8) Shall adopt an annual budget for its operations and maintenance program and its capital facilities program;

(9) Shall appoint, through the administrator, officers, agents, and employees; prescribe their duties and qualifications; and fix their salaries;

(10) May own, sell, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property and assign, exchange, transfer, convey, lease, sublease, or encumber the airports or any project, improvement, or facility related thereto;

(11) Shall develop, construct, reconstruct, rehabilitate, improve, alter, or repair, or provide for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of, airports or any project, improvement, or facility related thereto, and designate a qualified person as its agent for that purpose; and own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber the airports or any project, improvement, or facility related thereto;

(12) Shall arrange or initiate appropriate action for: the planning, replanning, opening, grading, relocating, or closing of streets, roads, roadways, alleys, easements, piers, or other places; the furnishing of facilities; the acquisition of property or property rights; and the furnishing of property, development rights, or services in connection with the airports or any project, improvement, or facility related thereto;

(13) May grant options or renew any lease entered into by it in connection with any project, on terms and conditions as it deems advisable;

(14) May provide advisory, consultative, training, and educational services, technical assistance, and advice, to any person, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(15) Shall procure insurance against any loss in connection with its property and other assets and operations, in such amounts and from such insurers as it deems desirable, or provide for self-insurance;

(16) May accept and receive gifts or grants in any form from any person, public entity, or source; provided that the grants and gifts shall be used for airport authority purposes;

(17) May pledge or assign all or any part of the moneys, fees, rents, charges, or other revenues and proceeds derived by the airport authority from the proceeds of insurance or condemnation awards for the loss of revenues or incurring of costs and expenses because of any action taken by the airport authority;

(18) Shall impose, prescribe, and collect rates, rentals, fees, or charges for the lease, use, and services of its airport facilities at the airports at least sufficient to pay the costs of operation, maintenance, and repair, if any, and the required payments of the principal of, and interest on, all bonds issued or assumed by the airport authority and reserves therefor;

(19) May engage in economic development programs and contract with the department of business, economic development, and tourism or nonprofit corporations in the furtherance of economic development;

(20) May take all actions necessary under emergencies such as hurricanes, tsunamis, and other natural disasters;

(21) Shall plan, construct, operate, and maintain the airports, including, but not limited to, the acquisition and use of lands necessary to stockpile dredged spoils without the approval of any county agency, notwithstanding any other law to the contrary;

(22) May issue revenue bonds and special facility revenue bonds in its name pursuant to chapter 39 without limitations, but not in excess of such principal amounts as are necessary for its purposes or specified in covenants with bondholders;

(23) May invest and secure its moneys in accordance with chapters 36 and 38;

(24) May take public and private property for use in furthering any of the purposes of the airport authority or as otherwise provided by law; provided that all proceedings for condemnation shall be conducted in accordance with chapter 101;

(25) May provide compensation, allowance, or other assistance to any person for relocation or displacement caused by the acquisition of land for airport purposes at the State's airports;

(26) May hire or contract law enforcement personnel, notwithstanding any other law to the contrary; and

(27) May do any and all things necessary to carry out its purposes and exercise the powers given to it in this chapter.

(b) Jurisdiction over the State's airports, including airport functions under the department of transportation's airports division, shall be transferred to the airport authority on July 1, 2005."

SECTION 3. Hawaii state airport authority task force. (a) There is created a temporary Hawaii state airport authority task force within the governor's office for administrative purposes, which shall be chaired by the governor or the governor's designee and shall include the following other members to be appointed by the governor:

(1) The director of transportation or the director's designee;

(2) The chairperson of the board of natural resources or the chairperson's designee;

(3) The director of health or the director's designee;

(4) The adjutant general or the adjutant general's designee;

(5) The chairperson of the board of trustees of the office of Hawaiian affairs or the chairperson's designee;

(6) The director of business, economic development, and tourism or the director's designee;

(7) Two members from a list of nominees submitted by the president of the senate;

(8) Two members from a list of nominees submitted by the speaker of the house of representatives;

(9) Four members, one each representing each of the counties;

(10) Representatives of the following federal departments or agencies, who shall be requested to assist the task force:

(A) The United States Department of Defense;

(B) The United States Department of Homeland Security;

(C) The United States Environmental Protection Agency; and

(D) The Federal Aviation Administration;

(11) Representatives of labor organizations in Hawaii, including the Hawaii Government Employees Association, the United Public Workers, and the International Longshoremen's and Warehousemen's Union;

(12) Representatives from Hawaii's environmental community; and

(13) Other interested public or private stakeholders who the governor believes will be of assistance to the functions of the task force, including members having extensive knowledge, expertise, or experience in such areas as economics, finance, development, maritime issues, land transportation issues, airport planning issues, planning, labor, and related areas.

(b) The members of the task force shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) The task force shall be convened by the governor or the governor's designee and shall accomplish the following tasks prior to December 31, 2004:

(1) Study the respective missions and roles of the affected departments and agencies with respect to air transportation and airports in the State to determine which existing departmental missions and roles can be eliminated and which are legitimate, necessary, and must be preserved, either intact or modified, in the airport authority;

(2) Determine and define which new missions and roles, if any, need to be created for the Hawaii state airport authority;

(3) Determine which departmental agencies and programs must be preserved intact or modified to carry out the new missions and roles as determined in paragraph (2), by designing a new organizational structure for the Hawaii state airport authority;

(4) Determine what policies need to be newly established, modified, or eliminated to guide the new Hawaii state airport authority;

(5) Develop new duties, responsibilities, and powers of the new Hawaii state airport authority;

(6) Ensure that no federal mandates, requirements, laws, or rules are violated and that no federal funding is jeopardized by the consolidation;

(7) Provide for the establishment of a Hawaii state airport authority fund;

(8) Provide for the imposition of fees to be assessed for arriving or departing passengers on vessels at the State's airports, to be used to fund infrastructure improvements;

(9) Address civil service issues and ensure that no current personnel are terminated by appropriate placements or transfers or other means;

(10) Address and resolve all other relevant public policy issues and objectives affecting the establishment of an Hawaii state airport authority, including those relating to enhancing security, protecting the environment, improving government efficiency, ensuring effective enforcement, and resolving all other appropriate federal, state, and county issues; and

(11) Draft necessary proposed legislation to implement the operation of the Hawaii state airport authority.

(d) The task force shall perform its duties guided by the following principles:

(1) Providing user-friendly services;

(2) Using best practices in management and operations;

(3) Using economies of scale;

(4) Eliminating duplicative or outmoded functions and activities;

(5) Enhancing productivity;

(6) Eliminating unnecessary regulation;

(7) Redesigning processes to increase efficiency, cut costs, and reduce public inconvenience; and

(8) Realizing significant long-term savings.

(e) The members of the task force shall be appointed by the governor within thirty days of the effective date of this Act. The governor shall convene the first meeting of the task force no later than thirty days after the last member is appointed. The task force shall select its chairperson at its initial meeting.

(f) The task force shall submit to the legislature and the governor:

(1) An interim report on its progress no later than October 31, 2004; and

(2) A final report, including necessary proposed legislation to transfer the functions, powers, duties, lands, personal property, and personnel necessary to accomplish the purposes set forth in this Act, for passage and enactment during the regular session of 2005, at least twenty days prior to the convening of the regular session of 2005.

SECTION 4. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. This Act shall be liberally construed in order to accomplish the purposes set forth herein. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect the other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. This Act shall take effect upon approval, except that section 2 shall take effect on July 1, 2005.

INTRODUCED BY:

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