HOUSE OF REPRESENTATIVES	H.B. NO.	1443
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to KALAELOA airport.

 

 

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

 

SECTION 1.  The legislature finds that the Kalaeloa Airport, under the jurisdiction of the Hawaii department of transportation, airports division, includes airport facilities, general aviation businesses, aircraft hangars and T-hangars, undeveloped areas, and other general infrastructure.  Further, Kalaeloa Airport acts as a general aviation reliever airport for Honolulu International Airport and provides important training facilities for student and expert pilots alike.

The legislature further finds that tenants at Kalaeloa Airport enter into lease agreements governing the tenants' use of Kalaeloa Airport facilities.  However, unlike other airports in the State, these lease agreements have been subjected to unpredictable increases in ground lease rents and appraisals in land and lease rates and charges as well as a lack of transparency as to the department of transportation's criteria for determining who qualifies for a lease.

     The purpose of this bill is to protect tenants at Kalaeloa Airport from unpredictable and unreasonable rate increases by requiring the department of transportation, airports division, to expressly specify the rates and charges for a specified term in any lease between the department and any person for private hangar facilities at Kalaeloa Airport and require the department to determine and make public a list of criteria for determining who qualifies for a lease for private hangar facilities at Kalaeloa Airport.

     SECTION 2.  Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§261-  Operation and use privileges; Kalaeloa Airport; additional requirements. (a)  In addition to section 261-7, this section shall apply to all operations and use privileges at Kalaeloa Airport.

     (b)  In any lease between the department and any person for private hangar facilities at Kalaeloa Airport, the lease must contain a provision setting forth an expressed amount for any rates and charges of the tenant for a specified term or duration.

     (c)  The department shall determine a list of criteria for determining who qualifies for a lease for private hangar facilities at Kalaeloa Airport.  A copy of this list of criteria shall be made public and must be available to any prospective tenant at the time of applying for a lease.

     (d)  The department shall provide the methodology used to determine rates and charges in accordance with section 261-7(e), along with any lease between the department and any person for private hangar facilities at Kalaeloa Airport. 

     (e)  The department shall provide the prepared detailed report on the circumstances and rates and charges established in accordance with section 261-7(e), along with any lease between the department and any person for private hangar facilities at Kalaeloa Airport." 

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Airports; Kalaeloa; Leases

 

Description:

Requires the department of transportation to specify the rates and charges for a specified term in any lease for private hangar facilities at Kalaeloa Airport.  Requires the department to make a list of criteria.  Requires the department to provide the list of criteria, methodology, and report along with the lease.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.