Report Title:

Department of Transportation; Harbors

Description:

Establishes a Harbor Land Commission to identify and designate important harbor lands. Permits only harbor uses on important harbor lands. (HB2130 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2130

TWENTY-THIRD LEGISLATURE, 2006

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to harbors.

 

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

SECTION 1. Estimates indicate that as much as ninety-eight per cent of all foodstuffs and goods consumed in the state are imported and transported intrastate through our commercial harbors. It is of vital state interest that our commercial harbors and any required expansion of our commercial harbor facilities are designated and protected to ensure the continuity of efficient, safe, and secure harbor transportation operations.

The department of transportation has the jurisdiction to control and manage all commercial harbors, commercial harbor and waterfront improvements, ports, docks, wharves, piers, quays, bulkheads, and landings belonging to or under the control of the State and the shipping using the same.

In May 1997, a planning committee, consisting of public officials and private individuals and headed by the department of transportation, issued the Oahu Commercial Harbors 2020 Plan, "a guide to develop, maintain, and enhance Oahu's commercial harbor system to ensure its efficient, safe, accessible and economical operation." While acknowledging the economic benefits of the growth in commercial fishing, potential ocean mining, and passenger cruises and ferries, the planning committee firmly stated that commercial harbor planning had to address first and foremost Hawaii's life-sustaining ocean cargo operations. The plan specifies certain piers and areas yet undeveloped for the development of additional ocean cargo facilities.

However, the legislature is concerned that there may be lands under the control and management of the department of transportation that are not dedicated strictly to maritime harbor uses or other lands, public and private, that may become important to the efficient management of the state's commercial harbors in the future.

The purpose of this Act is to:

(1) Establish a harbor land commission to identify and designate lands that are important for present and future harbor operations; and

(2) Restrict the use of public lands designated important harbor lands to maritime use.

SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . HARBOR LAND COMMISSION

§266- Harbor land commission. (a) There is established within the department of transportation a harbor land commission, hereafter the "commission", consisting of seven members who shall identify and designate important harbor lands.

(b) Six members shall be appointed by the governor subject to confirmation by the senate, in a manner prescribed in subsection (d). One member shall be appointed from each of the counties, and two members shall be at-large. Each member shall have substantial experience in the area of harbor operations and use; provided that at least two members shall represent a lessee, licensee, or permittee of the department of transportation in a commercial harbor. The director of transportation or a designee of the director of transportation shall be the chairperson of the commission.

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

(d) In appointing a member to the commission, the governor shall select from a list submitted by a nominating committee. The nominating committee shall be comprised of four individuals chosen as follows:

(1) Two persons appointed by the governor;

(2) One person appointed by the president of the senate; and

(3) One person appointed by the speaker of the house of representatives.

The committee shall solicit applications and send to the governor the names of at least three individuals for each open position.

(e) Except as otherwise provided in this chapter, the commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36.

§266- Important harbor lands; maps; permitted uses. (a) Important harbor lands shall include but not be limited to:

(1) All commercial harbors and roadsteads, fast or submerged, and all commercial harbor and waterfront improvements belonging to or controlled by the State; and

(2) Any lands, fast or submerged, public or private, that are contiguous to any commercial harbor that may be required for future harbor use to ensure efficient and secure harbor operations in the future.

(b) The commission shall prepare, maintain, from time to time amend, and make available for public review maps setting forth designated important harbor lands.

(c) Chapter 205 and any county land use or zoning ordinance or rule notwithstanding, the permitted use of any land or improvement that is designated important harbor land by the commission shall be solely as a commercial harbor, except for:

(1) Any commercial harbor or waterfront lands or improvements that are presently subject to a non-maritime commercial or recreational lease, license, permit, or right-of-entry; or

(2) Any privately-owned lands that are contiguous to any commercial harbor that may be required for future harbor use.

§266- Administration; rules. (a) The administration of the commission shall be pursuant to section 26-35, and its operations shall be funded with moneys in the harbor special fund.

(b) The commission, pursuant to chapter 91, shall adopt any rules required for the implementation of this part."

SECTION 3. Section 266-1, Hawaii Revised Statutes, is amended to read as follows:

"§266-1 Department of transportation; harbors; jurisdiction. All commercial harbors and roadsteads, and all commercial harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the commercial harbors and roadsteads shall be under the care and control of the department of transportation.

For the purpose of this chapter, "commercial harbor" means a harbor or off-shore mooring facility [which] that is primarily for the movement of commercial cargo, passenger, including cruise ships, and fishing vessels entering, leaving, or travelling within the [State,] state, and facilities and supporting services for loading, off-loading, and handling of cargo, passengers, and vessels."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.