REPORT TITLE:
Heliport, West Maui


DESCRIPTION:
Authorizes the development of a heliport on the Olowalu sanitary
landfill site to service the West Maui area.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2185
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC LANDS.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the West Maui
 
 2 community has often been isolated by brushfires, high waves, and
 
 3 major traffic accidents that have closed Honoapiilani highway.
 
 4 When the highway is closed, incoming visitors cannot get to their
 
 5 hotels in Maui's most popular resort area, and departing visitors
 
 6 cannot get to the airport for their flights and are sometimes
 
 7 stranded for days.  The closing of the highway means lost
 
 8 business to the community, inconvenience for workers, and creates
 
 9 a health and safety concern for a community which lacks a major
 
10 medical facility.
 
11      During the closing of Honoapiilani highway, traffic is re-
 
12 routed through Kahakuloa along a steep cliff road that is narrow,
 
13 poorly paved, and has no shoulders.  The options for improvements
 
14 to Honoapiilani highway that are being considered are costly with
 
15 no certainty that they will prevent West Maui from being cut off
 
16 again.  Further, the residents of Kahakuloa oppose widening and
 
17 re-paving of the road around Kahakuloa.  Therefore,
 
18 transportation alternatives need to be developed for the West
 
19 Maui community to deal with emergencies when Honoapiilani highway
 
20 is closed.
 

 
Page 2                                                     2185
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      The legislature also finds that the Maui visitor industry is
 
 2 working with the State and county to develop a plan to deal with
 
 3 the closing of the highway during fires, high waves, and major
 
 4 accidents.  The plan may include actions to help visitors to fly
 
 5 out of Kapalua airport or possibly using a ferry from Lahaina
 
 6 harbor.  Medical emergencies, however, are best handled through
 
 7 an air medical service.
 
 8      The legislature further finds that a heliport can be used to
 
 9 provide emergency medical services and can be used, in addition
 
10 to other alternatives being discussed such as air passenger
 
11 service from Kapalua and a ferry, to shuttle people from West
 
12 Maui.  Currently, helicopter operations are not permitted at the
 
13 Kapalua airport, and the private heliport in West Maui no longer
 
14 exists.  Although helicopter operations have not been built on
 
15 former landfill sites in Hawaii, helicopter operations have been
 
16 successfully developed on former landfills on the mainland.  The
 
17 county of Maui has expressed support for the development of a
 
18 heliport in West Maui to service the situations as cited. 
 
19      The legislature further finds that a heliport can be
 
20 developed at the former Olowalu sanitary landfill site, which was
 
21 set aside for the county of Maui by an executive order, to
 
22 provide emergency medical and fire safety services, as well as
 
23 passenger service.  Although the landfill has been closed, the
 

 
Page 3                                                     2185
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 county of Maui, under the executive order, is still responsible
 
 2 for any loss or injury arising out of the landfill operation.
 
 3      Leasing portions of the landfill site will be consistent
 
 4 with the executive order because the revenue generated from
 
 5 leasing the landfill site will be used to reduce the county's
 
 6 costs in maintaining the site.  Furthermore, a heliport facility
 
 7 will serve a public purpose and can be developed solely with
 
 8 private funds.  
 
 9      The legislature finds and determines that the development of
 
10 a heliport at the former Olowalu sanitary landfill site is in the
 
11 public interest and constitutes a valid public purpose.
 
12      SECTION 2.  Notwithstanding any provision of chapter 171 or
 
13 any county ordinance to the contrary, the county of Maui, with
 
14 the prior approval of the board of land and natural resources and
 
15 the Maui county council and in compliance with chapter 343,
 
16 Hawaii Revised Statutes, may enter into a lease by negotiation
 
17 and a development agreement with a private developer or
 
18 developers for applicable portions of not more than fifteen acres
 
19 of the area designated as the Olowalu sanitary landfill for the
 
20 development of a heliport.  The heliport shall be an ancillary
 
21 use of the landfill site to provide emergency medical, fire
 
22 safety, and other public safety services, in addition to
 
23 passenger service.  Any decision by the board of land and natural
 

 
Page 4                                                     2185
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 resources and the Maui county council to consider or approve a
 
 2 portion of the Olowalu sanitary landfill for use as a heliport
 
 3 shall be made at a public hearing.
 
 4      Leasing of portions of the land designated as the Olowalu
 
 5 sanitary landfill shall not relieve the county of the duty to
 
 6 defend, indemnify, and hold harmless the State of Hawaii against
 
 7 any loss, liability, claim, injury, or demand for damages arising
 
 8 out of the landfill activity by the county.  All funds from the
 
 9 leasing of applicable portions of the area designated as the
 
10 Olowalu sanitary landfill shall be used by the county of Maui for
 
11 purposes relating to the maintenance of the Olowalu sanitary
 
12 landfill.
 
13      SECTION 3.  This Act shall take effect upon its approval.