Bill Text: HI SB2942 | 2010 | Regular Session | Amended
Bill Title: Aloha Tower Development Corporation; Repeal; Appropriation
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2010-04-22 - (S) Conference committee meeting to reconvene on 04-23-10 2:30PM in conference room 224. [SB2942 Detail]
Download: Hawaii-2010-SB2942-Amended.html
THE SENATE |
S.B. NO. |
2942 |
TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 206J, Hawaii Revised Statutes, is repealed.
SECTION 2. Except as otherwise provided in this Act, all rights, powers, functions, and duties of the Aloha Tower development corporation are transferred to the Hawaii community development authority under chapter 206E, Hawaii Revised Statutes, except with respect to harbors modernization functions which shall be transferred to the department of transportation.
SECTION 3. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Aloha Tower development corporation relating to the functions transferred to the Hawaii community development authority shall be transferred with the functions to which they relate.
PART II
SECTION 4. Chapter 206E, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§206E- Aloha Tower fund. There is created the Aloha Tower fund, to be placed for administrative purposes under the authority. All:
(1) Moneys;
(2) Rentals;
(3) Charges;
(4) Other revenues of the authority; and
(5) Moneys or charges received by the department of business, economic development, and tourism,
including reimbursements for costs and staff services as a result of planning, development, or redevelopment of the lands located seaward of Nimitz Highway between Pier 4 and the Honolulu International Airport shall be deposited into the fund.
§206E‑ Aloha Tower. (a) The authority shall be responsible for the development, planning, construction, improvement, repair, and reconstruction of projects within the Aloha Tower complex as follows: the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection with the makai boundary of tax map key 1‑7‑1:6; northeast along River Street to its intersection with King Street; north along King Street to its intersection with Iwilei Road west along Iwilei Road to its intersection with Nimitz Highway at the Ewa makai corner of tax map key 1‑5‑08:1; south along Nimitz Highway to its intersection with the boundary between tax map key 1-5-8:1 and tax map key 1‑5‑8:9; west along a line to the Diamond Head mauka corner of tax map key 1-5-40:4; west along Nimitz Highway to its intersection with the Ewa boundary of tax map key 1-5-38:4; south along the Ewa boundaries of tax map key 1-5-38:4 and 1‑5‑38:5 to Honolulu Harbor; east along the waterfront boundary of tax map key 1-5-38:5 to Pier 23; south along Pier 23 to the southwest end of Pier 22; continuing along a line in the same direction to its intersection with the Honolulu Harbor Federal Project Line; northeast along the Honolulu Harbor Federal Project Line to a point in Honolulu Harbor 475 feet perpendicular to Pier 11; southwest along a line parallel to Piers 10 and 11 to its intersection with a line extending from the southwest end of Pier 22 to the point of intersection of the Honolulu Harbor Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along a line to the point of intersection of the Honolulu Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along the Honolulu Harbor Federal Project Line to its intersection with a line extending along Pier 4 into Honolulu Harbor; east along a line from that intersection and along Pier 4 to its intersection with Nimitz Highway; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2‑1‑14:6; northeast along the Ewa boundary of tax map key 2‑1‑14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2‑1‑13:7 and Nimitz Highway. The complex shall also include the area bounded by Iwilei Road beginning with its intersection with Nimitz Highway; west along Iwilei Road to its intersection with Pacific Street; southeast along Pacific Street to its intersection with the Ewa mauka corner of tax map key 1‑5‑38:4; east along Nimitz Highway to its intersection with the Diamond Head mauka corner of tax map key 1-50-40:4; east along a line to the point of intersection at the boundary between tax map key 1‑5‑8:1 and tax map key 1-5-8:9; north along Nimitz Highway to the point of beginning at the intersection of Nimitz Highway and Iwilei Road; all fast and submerged lands contained within these areas shall also be included.
(b) The authority, with the approval of the governor, may issue bonds in amounts as authorized from time to time by law as deemed advisable for any of its purposes. Any bonds issued by the Aloha Tower development corporation prior to July 1, 2010, shall be deemed to be issued in the name of the authority on July 1, 2010.
(c) Two additional voting members shall be appointed to the authority by the governor to represent Aloha Tower. These members shall be considered in determining quorum and majority only on issues relating to Aloha Tower, and may vote only on issues relating to Aloha Tower. These members shall be two public members appointed as follows:
(1) One member to be appointed from a list of two persons submitted to the governor by the senate president; and
(2) One member to be appointed from a list of two persons submitted to the governor by the speaker of the house of representatives."
PART III
SECTION 5. Chapter 266, Hawaii Revised Statutes, is amended by adding a section to be appropriately designated and to read as follows:
"§266- Harbors modernization group; commercial harbors modernization plan. (a) No later than July 1, 2010, the harbors modernization group shall be administratively placed under the department of transportation. The harbors modernization group shall have jurisdiction over the harbors modernization project, to undertake projects for the commercial harbors modernization plan. All projects, prior to implementation, shall be approved by the governor. If the governor approves a project, the harbors modernization group shall have expending authority over the approved project, notwithstanding any law to the contrary.
For purposes of this subsection, the department of transportation shall seek the input and guidance of the United States Department of Transportation Maritime Administration in the management of the harbors modernization project; provided that the department of transportation may enter into an agreement with the United States Department of Transportation Maritime Administration for the purpose of infrastructure improvements of harbors statewide.
(b) The harbors modernization group shall have jurisdiction over harbors projects, collectively to be known as the commercial harbors modernization plan, which shall be completed no later than June 30, 2017. These harbor projects shall be as follows:
(1) Honolulu harbor. Development of infrastructure, expansion of facilities, and tenant relocations, including the development of the new Kapalama container terminal;
(2) Kahului harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the West harbor barge or ferry slip or both, West harbor dredging and breakwater, West harbor cruise terminal, Pier 1 fuel line replacement and upgrade, East harbor breakwater, and Pier 2B strengthening;
(3) Hana harbor. Development of infrastructure, demolition, as necessary, expansion of facilities, and acquisition of lands;
(4) Hilo harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the Pier 4 interisland cargo terminal;
(5) Kawaihae harbor. Development of infrastructure, expansion of facilities, tenant relocations, acquisition of lands, including the Pier 2 terminal and barge improvements, Pier 2 extension and terminal, and Pier 4 and liquid bulk terminals;
(6) Kalaeloa harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the West harbor infrastructure, Pier 4 dedicated fuel pier, and extension of the fuel line; and
(7) Nawiliwili harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the new multi-use pier.
(c) Land disposition matters in projects identified in the commercial harbors modernization plan, including land acquisition, leasing, and conveyance, and acquisition of easements or right-of-ways, shall be under the jurisdiction of the board of land and natural resources pursuant to chapter 171.
(d) The harbors modernization group shall be comprised of four voting members, as follows:
(1) The director of transportation, or designee, who shall serve as chairperson;
(2) The director of finance, or designee; and
(3) Two public members, not including any officer or employee of the State, one to be appointed by the governor from a list of three nominees submitted to the governor by the president of the senate, and one to be approved by the governor from a list of three nominees submitted to the governor by the speaker of the house of representatives; provided that the two public members shall each be directly involved with:
(A) Any harbor or offshore mooring facility in the State that is primarily involved with the movement of commercial cargo and passenger vessels entering, departing, or traveling within the state harbor system;
(B) An activity that requires or is otherwise directly related to the loading, offloading, storage, or distribution of goods and services by means of seaborne transportation; or
(C) Activities, which:
(i) Promote the welfare, growth, and economic interests of Hawaii's commercial harbors and harbor facilities;
(ii) Assist and inform harbor users of, and assist harbor users in, the interpretation of laws, rules, regulations, and proposed and pending legislation applicable to Hawaii harbors and harbor facilities, for compliance purposes; and
(iii) Foster and encourage the development and improvement of Hawaii harbors and harbor facilities.
The members of the harbors modernization group shall serve for four year terms and shall continue in office until their respective successors have been appointed.
The members of the harbors modernization group shall serve without compensation, but each member shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.
For purposes of conducting business, a majority of the members of the harbors modernization group shall constitute a quorum. For purposes of voting, a majority of the quorum shall be required for decision making.
(e) The department of transportation may apply any revenues derived from commercial development projects in the state harbors to defray the cost of harbor infrastructure improvements.
(f) The harbors modernization group shall cease to exist when the harbors modernization project is completed."
PART IV
SECTION 6. Notwithstanding any law to the contrary:
(1) The two public members from the maritime industry, who were serving on the harbors modernization group under appointments effective on the day before the effective date of this Act, shall continue to serve on the harbors modernization group in the capacity of public members from the maritime industry; and
(2) The service of all other members on the harbors modernization group as of the day before the effective date of this Act shall terminate on the day before the effective date of this Act.
SECTION 7. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Aloha Tower development corporation with regard to harbor projects and development relating to the functions transferred to the department of transportation shall be transferred with the functions to which they relate.
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011 for consultant services to implement the commercial harbors modernization plan.
The sum appropriated shall be expended by the department of transportation for the purposes of this Act.
SECTION 9. New statutory material is underscored.
SECTION 10. This Act shall take effect upon approval.
Report Title:
Aloha Tower Development Corporation; Repeal; Appropriation
Description:
Abolishes Aloha Tower development corporation. Transfers the ATDC to the Hawaii community development authority. Transfers harbors modernization group to the department of transportation. Places commercial harbors modernization plan under the harbors modernization group. Makes appropriation. Effective upon approval.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.