State Transit Authority

Establishes a state transit authority to oversee the development
and administration of a fixed guideway public transportation
system.  Allows the transit authority to develop the fixed
guideway system in cooperation with county governments and the
private sector.

HOUSE OF REPRESENTATIVES                H.B. NO.1581       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 2 a new chapter to be appropriately designated and to read as
 3 follows:
 4                             "CHAPTER
 6       -1 Definitions.  As used in this chapter, unless the
 7 context clearly requires otherwise:
 8      "Authority" means the state public transit authority
 9 established by this chapter.
10      "Fixed guideway" means a mass transportation facility which
11 uses and occupies a separate right of way or rails exclusively
12 for public transportation, including without limitation, fixed
13 rail, automated guideway transit, and exclusive facilities for
14 buses.
15       -2  State public transit authority; established.(a)
16 There is established a state public transit authority which shall
17 be a body corporate and agency of the state.  The authority shall
18 consist of the following seven members appointed by the governor
19 and serving terms pursuant to section 26-34:

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 1      (1)  The director of business, economic development, and
 2           tourism or a designee, who shall serve as the executive
 3           director of the authority;
 4      (2)  The director of transportation or a designee;
 5      (3)  The chairperson of the board of land and natural
 6           resources or a designee;
 7      (4)  The director of transportation services of the city and
 8           county of Honolulu or a designee;
 9      (5)  The state director of finance, or a designee; and
10      (6)  Two members from the private sector to be appointed by
11           the governor, one each of whom shall be selected from
12           lists of names submitted by the president of the senate
13           and the speaker of the house of representatives,
14           respectively.
15      (b)  The members of the authority shall serve without
16 compensation, but shall be reimbursed for expenses, including
17 travel expenses, necessary for the performance of their duties.
18       -3 Purpose; powers.(a)  The authority is established
19 for the purpose of developing and administering a fixed guideway
20 facility consisting of regular routes and fixed schedules,
21 linking Waikiki to the extent feasible with other areas of
22 Honolulu that are of importance to commerce and the state's

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                                     H.B. NO.1581       

 1 tourist industry.  The authority shall consider economic
 2 feasibility and potential benefit to the state in developing the
 3 fixed guideway facility, and may accordingly develop and
 4 administer the fixed guideway facility in consultation with state
 5 and federal agencies, through cooperation and agreements with the
 6 city and county of Honolulu, and through agreements with federal
 7 agencies and private contractors.
 8      (b)  The authority shall have the following powers as
 9 necessary to achieve its purpose:
10      (1)  Sue and be sued;
11      (2)  Have a seal and alter the same at pleasure;
12      (3)  Adopt bylaws for the administration of its affairs;
13      (4)  Appoint officers, agents, and employees, prescribe
14           their duties and qualifications, and fix their
15           salaries, without regard to chapters 76 and 77;
16      (5)  Conduct public hearings and studies, and develop plans
17           and budgets;
18      (6)  Adopt rules pursuant to chapter 91 for the
19           administration and operation of facilities under its
20           control;
21      (7)  Exercise the right and power of eminent domain in
22           compliance with, and under the conditions and
23           procedures set forth in part I of chapter 101;

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 1      (8)  Enter into contracts, leases, and agreements with, and
 2           accept and disburse grants and loans from federal and
 3           state agencies, the city and county of Honolulu, public
 4           or private corporations, and other persons;
 5      (9)  Enter into contracts without regard to chapter 103D,
 6           with a person to design, build, operate, and maintain,
 7           or any combination thereof, a fixed guideway system, or
 8           a portion thereof, in accordance with performance
 9           criteria established by the authority, where selection
10           is based on evaluation criteria established by the
11           commission and upon a determination by the authority
12           that the process is the most cost effective method of
13           constructing the project on schedule and in
14           satisfaction of its transportation objectives;
15     (10)  Provide for and maintain security in operations as is
16           necessary for the protection of persons and property
17           under its jurisdiction and control;
18     (11)  Purchase insurance or establish a reserve or fund for
19           self-insurance, or adopt any combination of these, to
20           insure against loss by reason of:
21           (A)  Damages resulting from fire, theft, accident, or
22                other casualty; or

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                                     H.B. NO.1581       

 1           (B)  The authority's liability for other damages to
 2                persons or property which occur in the
 3                construction or operation of facilities or
 4                equipment under its control or in the conduct of
 5                its activities;
 6           and
 7     (12)  Perform all other acts necessary for the full exercise
 8           of the powers vested in the authority.
 9      -4 Safety regulations.  The department of transportation
10 shall serve as an oversight agency for the sole purpose of
11 ensuring compliance with safety regulations for rail fixed
12 guideway systems.
13      -5 Public lands.  Property acquired by the authority
14 directly through the exercise of eminent domain shall not be
15 subject to chapter 171.
16      -6  Exemption from taxation.  The authority shall not be
17 required to pay assessments levied by any county.  This exemption
18 shall apply only with respect to the real property interest of
19 the authority."
20     SECTION 2.  The state public transit authority shall submit a
21 progress report to the legislature and the governor, and the
22 mayor and city council of the city and county of Honolulu, no

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 1 later than twenty days prior to the convening of the regular
 2 legislative session of 2000, and no later than twenty days prior
 3 to the convening of subsequent regular legislative sessions.
 4     SECTION 3.  There is established in the state treasury a fund
 5 to be known as the state public transit authority special fund,
 6 into which shall be deposited all appropriations to, and receipts
 7 and revenues of the authority, which moneys shall be administered
 8 by the state public transit authority for the purposes of this
 9 Act.
10     SECTION 4.  There is appropriated out of the general revenues
11 of the State of Hawaii the sum of $     or so much thereof as may
12 be necessary for fiscal year 1999-2000 and the same sum or so
13 much thereof as may be necessary for fiscal year 2000-2001 for
14 the purposes of this Act.
15     SECTION 5.  The sums appropriated shall be expended by the
16 authority for the purposes of this Act.
17     SECTION 6.  If any provision of this Act or the application
18 thereof to any person or circumstance is held to be invalid, the
19 invalidity shall not affect other provisions or applications of
20 this Act which can be given effect without the invalid provisions
21 or applications, and to this end the provisions of this Act are
22 severable.

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                                     H.B. NO.1581       

 1     SECTION 7.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:  _______________________