Bill Text: HI HR221 | 2010 | Regular Session | Introduced
Bill Title: Airport Revenues; Operational Costs of State Agricultural Inspections
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2010-03-30 - (H) Report adopted; referred to the committee(s) on FIN with none voting no and Takai, Thielen excused. [HR221 Detail]
Download: Hawaii-2010-HR221-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.R. NO. |
221 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
URGING HAWAII's CONGRESSIONAL DELEGATION TO seek CLARIFication from THE united states SECRETARY OF TRANSPORTATION regarding the USe of AIRPORT REVENUEs TO PAY FOR THE OPERATIONAL COSTS OF STATE AGRICULTURAL INSPECTIONS OF INCOMING AIR CARGO AT state AIRPORTs.
WHEREAS, the State of Hawaii is recognized as a unique place that creates an experience like no other; and
WHEREAS, Hawaii tourism depends on Hawaii's unique environment; and
WHEREAS, introduced or non-native species have, and will continue to have, devastating impacts on Hawaii's agriculture, natural environment, economy, public health, and quality-of-life; and
WHEREAS, air transportation is a proven pathway by which invasive species are transported to and become established in new environments; and
WHEREAS, various illegal plants and animals, high quantities of non-native pests, and a great variety of invasive pests are also transported by air transportation; and
WHEREAS, in a letter dated July 31, 1998, Barry L. Molar, then Manager of the Airport Compliance Division of the Federal Aviation Administration in Washington D.C., stated that "[i]nfrastructure and support needed to adequately inspect arriving aircraft, cargo and passengers can be 100% payable with airport revenue provided these facilities are used exclusively by airport inspectors for airport facilities"; and
WHEREAS, Mr. Molar further stated that "[n]on-federal inspectors who work exclusively at the airport can be supported with airport revenue"; and
WHEREAS, airport revenues are currently used at Kahului Airport to pay for inspectors, operations, environmental studies, and inspection facilities; and
WHEREAS, the Manager of the Airports District Office for the Federal Aviation Administration's Western-Pacific Region stated in a letter dated February 14, 2007, that "the use of airport revenue to fund inspectors would represent a prohibited use of airport revenue under Title 49 U.S.C. Sections 47107(b) and 47133"; and
WHEREAS, these conflicting interpretations have led to a situation where the Alien Species Action Plan for Kahului Airport recommends that there should be fourteen agriculture inspectors at Kahului airport, as compared to seven agriculture inspectors scheduled daily for Honolulu International Airport; and
WHEREAS, the volume of air cargo imported annually into the State of Hawaii through Honolulu International Airport is approximately four hundred thousand tons, as compared to thirty-five thousand tons at Kahului Airport; and
WHEREAS, on September 30, 2009, the Federal Aviation Administration issued Order 5190.6B, advising that permitted uses of airport revenue include expenses to promote public and industry awareness of the airport's facilities and services "such as a Super Bowl hospitality tent for corporate aircraft at a sponsor-owned general aircraft terminal"; and
WHEREAS, Order 5190.6B also states that permitted uses of airport revenue may include community activities; provided that the activities are directly and substantially related to the operation of the airport, "[f]or example, it may purchase tickets for an annual community luncheon at which the airport director delivers a speech reviewing the state of the airport. The airport may also contribute to a golf tournament sponsored by a 'friends of the airport' committee"; and
WHEREAS, Order 5190.6B further states that "[a]n airport may use its revenue to support a community's use of airport property if the expenditures are directly and substantially related to the operation of the airport"; and
WHEREAS, finally, Order 5190.6B states that "a sponsor may pay for a portion of the general costs of government, including executive offices and the legislative branches, provided the sponsor allocates such costs to the airport in accordance with an acceptable cost allocation plan"; and
WHEREAS, the State strongly feels that the inspection of incoming commodities is substantially related to the operation of state airports, especially with regard to the movement of air passengers and cargo; and
WHEREAS, airlines have vocally objected to the reduction of inspection hours by the state Department of Agriculture; and
WHEREAS, adequate staffing and facilities will enhance the safe and efficient movement of passengers and cargo through the airports, while a lack of adequate staffing and facilities will create a backlog of cargo at the airports; and
WHEREAS, insufficient inspection personnel and facilities will prevent imported commodities from being inspected and released, and thus will result in these commodities rotting and decaying at the airport; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, that Hawaii's congressional delegation is urged to seek clarification from the United States Secretary of Transportation regarding the use of airport revenues to pay for the operational costs of state agricultural inspections of incoming air cargo at state airports; and
BE IT FURTHER RESOLVED that the clarification include the use of airport revenues to pay for agriculture inspection and facilities for inspections conducted solely at the airport for air cargo; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor and each member of Hawaii's congressional delegation.
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OFFERED BY: |
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Airport Revenues; Operational Costs of State Agricultural Inspections
