HOUSE OF REPRESENTATIVES

H.C.R. NO.

39

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting the department of transportation to establish a hawaii port authority task force to determine the feasibility of establishing a hawaii port authority.

 

 

WHEREAS, Hawaii is dependent upon its harbors for the movement of cargo between islands and the rest of the world, serving as the main lifeline of cargo and commerce for the State of Hawaii; and

WHEREAS, Hawaii's economic sustainability is dependent upon the effectiveness and efficiency of its harbors system; and

WHEREAS, during its Regular Session of 1995, the Eighteenth Legislature passed Senate Concurrent Resolution No. 214, S.D. 1, H.D. 1, requesting the Governor to convene the Hawaii Maritime Industry Policy Task Force (Task Force), and referred seven maritime policy issues to the Task Force, including ascertaining the advantages and disadvantages of establishing a Hawaii State Port Authority (Port Authority); and

WHEREAS, the Governor did convene the Task Force which submitted its findings, recommendations, and conclusions on the advantages and disadvantages of establishing a Port Authority in its report to the Nineteenth Legislature; and

WHEREAS, the Task Force found and reported that, on a conceptual basis, the advantages of establishing a Port Authority appeared to outweigh the disadvantages; and

WHEREAS, the Task Force recommended that a comparative analysis and implementation study be undertaken to winnow the range of possible port authority models to a single option, and identify the key issues relative to implementation; and

WHEREAS, the Task Force recommended specific parameters for the proposed study consisting of three possible port authority structures to be comparatively analyzed against a general model for a port authority consisting of a vision statement, mission statement, goals, and objectives; and;

WHEREAS, for many years, legislators, individuals involved in the maritime industry, and members of the public have conceptually proposed and discussed whether the State should establish a Port Authority; and

WHEREAS, concerns have been raised with regard to the establishment of a Port Authority and the impact this would have on the Department of Transportation's (DOT) ability to manage federal funds as harbor funds and airport funds cannot be co-mingled; and

WHEREAS, while bills have been introduced in the Legislature proposing to establish a Port Authority over a number of years, none of these measures has ever come to fruition, in large part because of the complex nature of the proposed structural change, and the lack of hard information regarding its implementation; and

WHEREAS, the Task Force was broad-based and comprised of 13 members representing the maritime industry, maritime labor unions, freight forwarders, shippers, government agencies responsible for managing the public waterfront resources and concerned with economic regulation of ocean carriers, and the general public; and

WHEREAS, the perennial issue of whether to establish a Port Authority is complex and requires substantial consensus among many different parties, including harbor users and harbor administrators; and

WHEREAS, the question remains as to whether the establishment of a Port Authority will be a worthwhile endeavor aimed at addressing a wide range of issues; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that DOT, in collaboration with the Department of Business, Economic Development, and Tourism (DBEDT), Department of Land and Natural Resources (DLNR), Hawaii Community Development Authority (HCDA), and respective harbor users, including the Hawaii Harbor Users Group, and working together with potential independent contractor-consultants, is requested to establish the Hawaii Port Authority Task Force; and

BE IT FURTHER RESOLVED that the Hawaii Port Authority Task Force shall include but not be limited to the following members:

(1) Director of DOT, or a designated representative;

(2) Director of DBEDT, or a designated representative;

(3) Director of DLNR, or a designated representative;

(4) Executive Director of HCDA, or a designated representative;

(5) A representative of the Hawaii Harbor Users Group;

(6) A representative of Matson Navigation Company, Inc.;

(7) A representative of Horizon Lines, LLC;

(8) A representative of Young Brothers Limited;

(9) A representative of the cruise ship industry; and

(10) Any other representative deemed appropriate by the Director of Transportation;

and

BE IT FURTHER RESOLVED that the Hawaii Port Authority Task Force shall develop rules regarding voting and quorum requirements, public meetings, and any other rules necessary for conducting the business of the Hawaii Port Authority Task Force; and

BE IT FURTHER RESOLVED that the Hawaii Port Authority Task Force study the feasibility of establishing a Hawaii Port Authority and whether the Hawaii Port Authority should encompass Hawaii's harbors (including the small boat harbors), Hawaii's airports, or both; and

BE IT FURTHER RESOLVED that the Hawaii Port Authority Task Force also comparatively analyze and winnow to a single option, possible port authority structures, including but not limited to:

(1) An independent commission;

(2) An independent authority;

(3) A public-private partnership; and

(4) A state government-owned corporation;

and

BE IT FURTHER RESOLVED that DOT is requested to report to the Legislature its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to:

(1) The Directors of Transportation, Business, Economic Development, and Tourism, Land and Natural Resources, and the Executive Director of the Hawaii Community Development Authority;

(2) The Chief Executive Officers of Matson Navigation Company, Inc., Horizon Lines, LLC, and Young Brothers Limited;

(3) The President of the Hawaii Harbor Users Group; and

(4) The President of the Northwest Cruise Ship Association.

 

 

OFFERED BY:

_____________________________

Report Title:

Requesting the DOT to establish a Hawaii Port Authority Task Force.