Bill Text: HI SB830 | 2011 | Regular Session | Introduced
Bill Title: Transportation; Lihue Airport; Helicopter Site Leases
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2011-01-24 - (S) Referred to TIA/JDL, WAM. [SB830 Detail]
Download: Hawaii-2011-SB830-Introduced.html
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THE SENATE |
S.B. NO. |
830 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of transportation needs flexibility and authority to correct unfairness in the process and awarding of long-term leases for helicopter operations at the Lihue airport.
In 2007, the department of transportation had too few helicopter sites and too many interested parties at its Lihue airport. Thus, the department of transportation offered sites by bid to the more senior helicopter operators, allowing them to select first among the available sites. Any company not among the more senior operators that were selected and all operators were to enter into a long-term lease with the department of transportation with the understanding that other interested operators would do likewise.
Subsequently, it was determined that many senior operators did not select sites and most sites were left without any long‑term lease. Such leases require the operator to, among other things, construct facilities at the site at the operator's own cost. The result is that operators with long-term leases are burdened by having to construct facilities while other competing operators on month-to-month permits with the department of transportation do not have to incur similar costs for construction and other long-term lease operational requirements.
The legislature further finds that in view of the department of transportation falling significantly short of expectations of leasing all of its sites on a long-term basis, and given the resulting inequities to any operator now burdened with a long-term lease, the department of transportation and governor need the authority to correct the situation by allowing any operator with a long-term lease to terminate its lease or adjust various requirements of the lease, including requirements relating to the start of construction and the switching of location to a different available site not having a long-term lease.
The legislature further finds that the department of transportation benefits financially from helicopter operators willing to enter into long-term leases and build facilities at their own expense on one or more leased sites.
The purpose of this Act is to:
(1) Give the governor and the department of transportation the discretion and authority to provide relief to helicopter operators whose long-term leases or contracts with department were in effect prior to the effective date of this Act under certain conditions; and;
(2) Requiring the department of transportation to set a fair and equitable rent for those operators.
SECTION 2. Notwithstanding any laws or provisions to the contrary, including chapters 102 and 261, Hawaii Revised Statutes, the governor or director of transportation, if so directed by the governor, with respect to helicopter operators at the Lihue airport:
(1) Shall have the discretion and authority to provide relief to helicopter operator whose long-term lease or contract with department of transportation was in effect prior to the effective date of this Act; provided that negotiations for relief for an operator covered by this Act shall commence within ninety days, or any extension agreed to between the governor or governor's designee and the operator following the mailing by the operator of a written request for relief to the governor; and
(2) Shall have the discretion and authority, without limitation, to reach relief by mutual agreement with an operator to terminate the lease, extend the long‑term lease or contract, enter into a long-term lease for an adjoining helicopter site, switch helicopter sites as long as the other site is not on any long term lease, grant or modify existing relief provisions, adjust the rent, and otherwise add to, modify, and amend any of the terms of the long-term lease or contract;
provided that in granting relief pursuant to this Act, other than termination of any existing long-term lease or contract, the department of transportation shall set a rent that is fair and equitable at the department's discretion in comparison with rent to other operators who are or may be operating on a month‑to-month permit basis without any requirement to build at its expense any capital or other improvements at one or more of the operator's sites.
SECTION 3. The relief provided for by this Act shall be provided as long as and to the extent that such relief does not violate any applicable federal laws and regulations and does not jeopardize the receipt of any federal aid or impair the obligation of Hawaii's department of transportation to the holders of any bond issued by Hawaii's department of transportation.
SECTION 4. To the extent necessary to take action, effectuate, and fulfill the purpose and intentions of this Act, including the relief to be provided, section 171‑13, Hawaii Revised Statutes, and chapters 102 and 261, Hawaii Revised Statutes, as well as any other statutory provisions or any rules that may be in conflict with this Act, shall be deemed waived and not applicable.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. This Act shall take effect on July 1, 2011;
provided that this Act shall be repealed on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Transportation; Lihue Airport; Helicopter Site Leases
Description:
Authorizes the department of transportation and the governor to terminate or modify long-term helicopter site leases at Lihue airport. Repeal 7/1/13.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
