HOUSE OF REPRESENTATIVES

H.B. NO.

1020

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION.

 

 

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

 


PART I

     SECTION 1.  Chapter 206J, Hawaii Revised Statutes, is repealed.

     SECTION 2.  Except as otherwise provided in this Act, all rights, powers, functions, and duties of the Aloha Tower development corporation are transferred to the to the department of transportation.

     SECTION 3.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Aloha Tower development corporation shall be transferred to department of transportation.

PART II

     SECTION 4.  Chapter 206E-32, Hawaii Revised Statutes, is amended by adding:

     The district shall also include the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection with the makai boundary of tax map key 1 7 1:6; northeast along River Street to its intersection with King Street; north along King Street to its intersection with Iwilei Road west along Iwilei Road to its intersection with Nimitz Highway at the Ewa makai corner of tax map key 1 5 08:1; south along Nimitz Highway to its intersection with the boundary between tax map key 1-5-8:1 and tax map key 1 5 8:9; west along a line to the Diamond Head mauka corner of tax map key 1-5-40:4; west along Nimitz Highway to its intersection with the Ewa boundary of tax map key 1-5-38:4; south along the Ewa boundaries of tax map key 1-5-38:4 and 1 5 38:5 to Honolulu Harbor; east along the waterfront boundary of tax map key 1-5-38:5 to Pier 23; south along Pier 23 to the southwest end of Pier 22; continuing along a line in the same direction to its intersection with the Honolulu Harbor Federal Project Line; northeast along the Honolulu Harbor Federal Project Line to a point in Honolulu Harbor 475 feet perpendicular to Pier 11; southwest along a line parallel to Piers 10 and 11 to its intersection with a line extending from the southwest end of Pier 22 to the point of intersection of the Honolulu Harbor Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along a line to the point of intersection of the Honolulu Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along the Honolulu Harbor Federal Project Line to its intersection with a line extending along Pier 4 into Honolulu Harbor; east along a line from that intersection and along Pier 4 to its intersection with Nimitz Highway; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2 1 14:6; northeast along the Ewa boundary of tax map key 2 1 14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2 1 13:7 and Nimitz Highway.  The complex shall also include the area bounded by Iwilei Road beginning with its intersection with Nimitz Highway; west along Iwilei Road to its intersection with Pacific Street; southeast along Pacific Street to its intersection with the Ewa mauka corner of tax map key 1 5 38:4; east along Nimitz Highway to its intersection with the Diamond Head mauka corner of tax map key 1-50-40:4; east along a line to the point of intersection at the boundary between tax map key 1 5 8:1 and tax map key 1-5-8:9; north along Nimitz Highway to the point of beginning at the intersection of Nimitz Highway and Iwilei Road; all fast and submerged lands contained within these areas shall also be included.

PART III

     SECTION 5.  Chapter 266, Hawaii Revised Statutes, is amended by adding a section to be appropriately designated and to read as follows:

     "§266-     Harbors modernization group; commercial harbors modernization plan.  (a)  No later than July 1, 2010, the harbors modernization group shall be administratively placed under the department of transportation.  The harbors modernization group shall have jurisdiction over the harbors modernization project, to undertake projects for the commercial harbors modernization plan.  All projects, prior to implementation, shall be approved by the governor.  If the governor approves a project, the harbors modernization group shall have expending authority over the approved project, notwithstanding any law to the contrary.

     For purposes of this subsection, the department of transportation shall seek the input and guidance of the United States Department of Transportation Maritime Administration in the management of the harbors modernization project; provided that the department of transportation may enter into an agreement with the United States Department of Transportation Maritime Administration for the purpose of infrastructure improvements of harbors statewide.

     (b)  The harbors modernization group shall have jurisdiction over harbors projects, collectively to be known as the commercial harbors modernization plan, which shall be completed no later than June 30, 2017.  These harbor projects shall be as follows:

     (1)  Honolulu harbor.  Development of infrastructure, expansion of facilities, and tenant relocations, including the development of the new Kapalama container terminal;

     (2)  Kahului harbor.  Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the West harbor barge or ferry slip or both, West harbor dredging and breakwater, West harbor cruise terminal, Pier 1 fuel line replacement and upgrade, East harbor breakwater, and Pier 2B strengthening;

     (3)  Hana harbor.  Development of infrastructure, demolition, as necessary, expansion of facilities, and acquisition of lands;

     (4)  Hilo harbor.  Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the Pier 4 interisland cargo terminal;

     (5)  Kawaihae harbor.  Development of infrastructure, expansion of facilities, tenant relocations, acquisition of lands, including the Pier 2 terminal and barge improvements, Pier 2 extension and terminal, and Pier 4 and liquid bulk terminals;

     (6)  Kalaeloa harbor.  Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the West harbor infrastructure, Pier 4 dedicated fuel pier, and extension of the fuel line; and

     (7)  Nawiliwili harbor.  Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the new multi-use pier.

     (c)  Land disposition matters in projects identified in the commercial harbors modernization plan, including land acquisition, leasing, and conveyance, and acquisition of easements or right-of-ways, shall be under the jurisdiction of the board of land and natural resources pursuant to chapter 171.

     (d)  The harbors modernization group shall be comprised of four voting members, as follows:

     (1)  The director of transportation, or designee, who shall serve as chairperson;

     (2)  The director of finance, or designee; and

     (3)  Two public members, not including any officer or employee of the State, one to be appointed by the governor from a list of three nominees submitted to the governor by the president of the senate, and one to be approved by the governor from a list of three nominees submitted to the governor by the speaker of the house of representatives; provided that the two public members shall each be directly involved with:

          (A)  Any harbor or offshore mooring facility in the State that is primarily involved with the movement of commercial cargo and passenger vessels entering, departing, or traveling within the state harbor system;

          (B)  An activity that requires or is otherwise directly related to the loading, offloading, storage, or distribution of goods and services by means of seaborne transportation; or

          (C)  Activities, which:

              (i)  Promote the welfare, growth, and economic interests of Hawaii's commercial harbors and harbor facilities;

              (ii)  Assist and inform harbor users of, and  assist harbor users in, the interpretation of laws, rules, regulations, and proposed and pending legislation applicable to Hawaii harbors and harbor facilities, for compliance purposes; and

            (iii)  Foster and encourage the development and improvement of Hawaii harbors and harbor facilities.

     The members of the harbors modernization group shall serve for four year terms and shall continue in office until their respective successors have been appointed.

     The members of the harbors modernization group shall serve without compensation, but each member shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

     For purposes of conducting business, a majority of the members of the harbors modernization group shall constitute a quorum.  For purposes of voting, a majority of the quorum shall be required for decision making.

     (e)  The department of transportation may apply any revenues derived from commercial development projects in the state harbors to defray the cost of harbor infrastructure improvements.

     (f)  The harbors modernization group shall cease to exist when the harbors modernization project is completed."

     "§266-     Aloha Tower fund.  There is created the Aloha Tower fund, to be placed for administrative purposes under the department of transportation.  All:

     (1)  Moneys;

     (2)  Rentals;

     (3)  Charges; and

     (4)  Other revenues of the department from the Aloha Tower Marketplace Project;

shall be deposited into the fund.

PART IV

     SECTION 6.  Notwithstanding any law to the contrary:

     (1)  The two public members from the maritime industry, who were serving on the harbors modernization group under appointments effective on the day before the effective date of this Act, shall continue to serve on the harbors modernization group in the capacity of public members from the maritime industry; and

     (2)  The service of all other members on the harbors modernization group as of the day before the effective date of this Act shall terminate on the day before the effective date of this Act.

     SECTION 7.  There is appropriated out of the Aloha Tower Fund the sum of $           or so much thereof as may be necessary for fiscal year 2011-2012 for consultant services to implement the commercial harbors modernization plan and the Aloha Tower Marketplace Project.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 8.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Aloha Tower Development Corporation; Repeal; Appropriation

 

Description:

Abolishes Aloha Tower development corporation.  Transfers the ATDC assets to the department of transportation.  Transfers the zoning and planning jurisdiction to the Hawaii community development authority.  Makes appropriation.  Effective on July 1, 2011.

 

 

 

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