HOUSE OF REPRESENTATIVES |
H.B. NO. |
1059 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
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 Section 264-19, Hawaii Revised Statutes, is repealed.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.
["[§266-2.3] 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.
["§266-22 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."]
PART II
SECTION 4. Act 1, Special Session Laws of Hawaii 2017, is amended by amending section 18 to read as follows:
"SECTION 18. Notwithstanding
any law, charter provision, or ordinance to the contrary, in any county with a population
greater than five hundred thousand, in order to ensure that appropriate use of state
authorized funds to finance a locally preferred alternative for a mass transit project,
the president of the senate and speak of the house of representatives shall each
appoint two [non-voting,] voting, ex-officio members to the board
of directors of the county's rapid transportation authority. The terms for each
member appointed pursuant to this section shall be determined by the presiding officer
who appointed them.
For the purposes of this section, "county rapid transportation authority" means any entity established by a county in the State with a population greater than five hundred thousand for the purpose of constructing, operating, or maintaining a locally preferred alternative for a mass transit project and that receives moneys from a surcharge on state tax established pursuant to section 46-16.8, Hawaii Revised Statutes, transient accommodations tax revenues pursuant to section 237D-2(e), Hawaii Revised Statutes, or both."
PART III
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
Report Title:
Department of Transportation; Hawaii Revised Statutes, Repeal; Honolulu Rapid Transportation; Board of Directors; Voting Rights
Description:
Repeals sections 264-19, 266-2.3, and 266-22, Hawaii Revised Statutes, for the purpose of deleting obsolete or unnecessary provisions. Grants voting rights to members of the board of directors of the Honolulu Authority for Rapid Transportation appointed by the president of the senate or speaker of the house of representatives. Takes effect 1/1/2050. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.