Report Title:

Harbors; Aloha Tower Development Corporation

 

Description:

Allows the aloha tower development corporation to undertake projects for commercial harbors under the jurisdiction of department of transportation.  Effective July 1, 2020.  (HB250 HD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

250

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO aLOHA tOWER dEVELOPMENT CORPORATION.

 

 

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

 


SECTION 1.  The legislature finds that under section 266-1, Hawaii Revised Statutes, all commercial harbors in the state are under the care and control of the department of transportation.  The harbors division of the department of transportation is mandated to maintain efficient and adequate harbor facilities for the movement of goods in and out of the commercial harbors, an enormous responsibility in light of the state's geographic isolation. 

     However, with its primary responsibility of the daily management and operation of the commercial harbors, the harbors division has not been able to keep up with the continuing demands for further improvements and development of additional desperately-needed harbor facilities.  These needs are exacerbated by the rapidly growing populations and economies on each of our major islands, the rapid tripling in cruise ship operations, the soon-to-be operating superferry, and the increased needs for security at our nation's ports.  The foreign container yard at Honolulu harbor is nearing capacity.  The container operations at Sand island are spilling over across the harbor channel to the Kapalama terminals, and the Kahului harbor that is at near-capacity is attempting to shoehorn in the superferry operations.

In order to expeditiously undertake the necessary planning and development that is required to maintain the commercial harbors throughout the state as efficient and secure facilities serving Hawaii's needs, the harbors division requires the assistance of the Aloha Tower development corporation.  The Aloha Tower development corporation is a public body corporate and politic that is empowered to develop, construct, improve, or repair any project.  It was established with a development-oriented mission and the expertise to develop harbor infrastructure and facilities.  Its past experiences with partnerships with private entities for the development of harbor-related facilities makes it uniquely capable of assisting the harbors division with the enormous task of updating and improving harbor infrastructure and facilities.

SECTION 2.  Chapter 206J, Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§206J-    Projects with department of transportation.  (a)  Consistent with its general powers under this chapter, the development corporation may undertake projects for commercial harbors, as that term is defined in section 266-1, under the control or jurisdiction of the department of transportation.  Notwithstanding any provision in section 206J-17 to the contrary, moneys spent or charges incurred by the development corporation for its administrative and operational expenses shall be reimbursed by the department of transportation and deposited into the Aloha Tower fund in a subaccount designated for the particular development project. 

(b)  Authorization for funding and participation of the development corporation in projects under this section and additional position authorizations within the development corporation for the projects shall be subject to legislative approval by Act on a project-by-project basis.  The approval shall include the addition of a new part to this chapter for each project undertaken under this section, bearing the title of the development project and setting forth the terms, conditions, and any other limitations on the participation of the development corporation that the legislature may enact.

(c)  If the legislature approves a commercial harbors project to be developed by the development corporation, all appropriations for the project shall be received and administered through the department of transportation.  The department of transportation shall retain fiscal management and oversight of all project cost expenditures, budget, and contract approvals.

(d)  Subject to existing contractual and statutory commitments to the department of transportation for any losses in revenue under this chapter, the development corporation shall apply any revenues derived from commercial development projects in the area seaward of Nimitz highway between pier 4 and the Honolulu international airport to defray the cost of harbor infrastructure improvements incurred within the state."

SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.