Bill Text: HI SB1404 | 2024 | Regular Session | Amended
Bill Title: Relating To Aeronautics.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1404 Detail]
Download: Hawaii-2024-SB1404-Amended.html
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THE SENATE |
S.B. NO. |
1404 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO AERONAUTICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§261- Fines levied by federal, state, or county
agencies; reimbursement. Notwithstanding
any other law to the contrary, any commercial airport tenant or user, including
airport contractor, who violates federal, state, or county law or rule relating
to environmental protection or the United States Department of Homeland
Security, including but not limited to the United States Coast Guard, United
States Customs and Border Protection, and Transportation Security
Administration, and thereby causes a fine to be levied by an agency, shall
reimburse the department for the entire amount of the fine. The department may demand, collect, and
deposit any amount reimbursable under this section into the airport revenue
fund created by section 248-8. The
department may demand, collect, and deposit any amount of reimbursement for
costs or expenses incurred by the department to enforce this section.
§261- Private financing of airport improvements. (a) Notwithstanding any law to the contrary, the
department may enter into a capital advancement contract for any public
improvement to, or construction of, airports belonging to or controlled by the
State; provided that before entering into a capital advancement contract, the
director shall make a determination that a capital advancement contract is in
the best interest of the State by finding that:
(1) Private development is likely to be
less costly than any other type of contract;
(2) Private development provides needed public improvements
or constructions on a significantly more timely basis than public development;
or
(3) Public financing for the public
improvements or constructions is not available on a timely basis.
(b) A capital advancement contract under
subsection (a) may be financed by legislative appropriation to reimburse the
private party or by credit against the private party's future
rental or tariff payments to the State; provided that the terms of the contract
shall ensure that the State benefits financially from the arrangement and
public use of the facility is maintained; provided further that any capital
advancement contracts entered into under this section shall not be general
obligations of the State for which the full faith and credit of the department
is pledged and the legislature shall have no obligation to appropriate funds to
reimburse a private party to a capital advancement contract.
(c) A capital advancement contract under
subsection (a) shall be subject to the requirements of chapters 103 and 103D
and subject to the approval of the department. All related transactions shall be subject to
state audit.
(d) The department may execute capital
advancement contracts pursuant to subsection (a) with a total contract value of
$5,000,000 or less without legislative approval. If the total contract value of a capital
advancement contract pursuant to subsection (a) is greater than $5,000,000, the
department shall obtain legislative approval in the form of the adoption of a
concurrent resolution affirming the purpose, project, and contract issuance
prior to the execution of the capital advancement contract. The total aggregate value of all capital advancement
contracts entered into by the department pursuant to this section shall not
exceed $50,000,000 in any calendar year.
(e) For the purposes of this section:
"Capital advancement contract"
means an agreement between the department and a private party whereby the
private party agrees to furnish capital, labor, or materials for a public
improvement to or construction of airports belonging to or controlled by the
State and in return for which the private party may be reimbursed in a manner
to be determined by the department.
"Total contract value" includes
any contract extension, project redesign, add-ons, or any other occurrence,
act, or material cost that may increase the cost of the contracted project."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on June 30, 3000.
Report Title:
Department of Transportation; Airports; Reimbursement for Fines Levied; Private Financing of Airport Improvements or Constructions
Description:
Authorizes the department of transportation airports division to demand and collect reimbursement from any airport contractor, tenant, or user for the entire amount of fines and penalties levied for the violation of federal, state, or county laws related to environmental protection or the United States Department of Homeland Security. Allows the department of transportation airports division to enter into a capital advancement contract with a private party for certain public improvement or construction projects at Hawaii's airports under certain circumstances. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
