THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 264-19, Hawaii Revised Statutes, is repealed.
[§264-19] Transportation improvement special fund.
(a) There is created within the state treasury the
transportation improvement special fund to fund qualified transportation
projects and to receive reimbursements from private developers who have been
advanced public funds to fulfill the conditions of land use development
relating to transportation. The
director may expend from the special fund such sums as are necessary to advance
transportation projects, including administrative expenses, to the extent
permissible: (1) When such projects: (A) Have
been identified in or are consistent with the statewide transportation plan
adopted pursuant to chapter 279A; and (B) Satisfy
all applicable federal and state eligibility requirements; or (2) When the director determines that funds
previously authorized for the aforementioned projects are inadequate or any delay
in the completion of such projects would unnecessarily increase their cost or intensify
undesirable transportation conditions. (b) Expenditures from the special fund shall be
made on vouchers approved by the director or such other officer as may be
designated by the director. (c) There shall be credited to the special fund
all reimbursements and any interest earned or penalty accrued on late payments
thereon received from developers who have been advanced public funds to fulfill
the conditions of land use development relating to transportation or other
transportation requirements imposed upon such developers. (d) Expenditures from the special fund may not be
made by the director without appropriation by the legislature. No expenditure shall be made from, and no
obligation shall be incurred against, the special fund in excess of the amount
standing to the credit of the special fund or for any purpose for which moneys
from the special fund may not lawfully be expended. (e) The department of transportation shall prepare
and submit an annual report to the legislature on the use of the transportation
improvement special fund which shall include, but not be limited to:
1) The [special] fund balance and the expenses
made from the [special] fund for the immediately preceding fiscal year; and (2) Proposed appropriations from the [special]
fund for the next fiscal year. This
report shall be submitted to the legislature no later than twenty days prior to
the convening of each legislative session. (f) The director may adopt rules pursuant to
chapter 91 necessary to effectuate the purposes of, and to administer, this
section. (g) As used in this section: "Director"
means the director of transportation. "Special
fund" means the transportation improvement special fund."]
SECTION 2. Section 266-2.3, Hawaii Revised Statutes, is repealed.
Kewalo basin use permit; Honolulu harbor
use permit; portability. (a) Notwithstanding any law to the contrary, the
department of transportation shall allow, on a space available basis, a vessel
with a use permit authorizing the vessel to moor in Kewalo basin to moor in
Honolulu harbor at no additional cost and with no additional use permit
required under the following conditions: (1) The manager of Kewalo basin prohibits entrance
into Kewalo basin because of inclement weather or ocean conditions; provided
that as soon as the manager of Kewalo basin opens the entrance to vessels, the
vessel shall leave Honolulu harbor; (2) The owner or operator of a commercial fishing
vessel desires to sell the owner's or operator's catch of fish to a business
operating within Honolulu harbor or otherwise conduct business within Honolulu
harbor; provided that the vessel shall not moor in Honolulu harbor for a period
longer than is necessary to unload all or some of the catch of fish for sale or
otherwise conduct business; and (3) The owner of the vessel is current in its
payments of any moneys, rates, fees, dues, compensation, fines, or penalties
assessed against the vessel that are due to the State. (b) Notwithstanding any law to the contrary, the
department with jurisdiction over Kewalo basin shall allow, on a space
available basis, a vessel with a use permit authorizing the vessel to moor in
Honolulu harbor to moor in Kewalo basin at no additional cost and with no
additional use permit required subject to the discretion of the harbor manager
of Kewalo basin. (c) The director of transportation shall adopt
rules pursuant to chapter 91, to implement this section."]
SECTION 3. Section 266-22, Hawaii Revised Statutes, is repealed.
Maintenance of fire boat. The cost of operating and maintaining the fire
boat shall be borne by the department of transportation. The department shall pay annually from its
special fund for the operation and maintenance costs."]
SECTION 4. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act shall take effect on July 1, 2050.
Department of Transportation; Hawaii Revised Statutes, Repeal
Repeals sections 264-19, 266-2.3, and 266-22, Hawaii Revised Statutes, for the purpose of deleting obsolete or unnecessary provisions. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.