Harbor Lands

Grants DOT broader authority over harbor lands.

THE SENATE                              S.B. NO.           2302
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that Hawaii's planning and
 2 development functions are cumbersome and inflexible.  This
 3 situation has resulted in inefficiencies when the department of
 4 transportation desires to expeditiously develop its lands and
 5 facilities.  This legislature further finds that the economic
 6 well-being of the State depends in part on the efficient use of
 7 all of its resources and that fuller utilization of its resources
 8 will enhance and complement efforts to revitalize Hawaii's
 9 economy.  The legislature believes that coordinated planning and
10 development of department of transportation lands and facilities
11 can be carried out more effectively by a single department having
12 overall consolidated jurisdiciction over planning and
13 development.
14      The purpose of this Act is to grant the department of
15 transportation broader authority over harbor lands and expand the
16 department's powers and duties to include other non-maritime
17 ancillary or supportive uses of harbor lands that have a public
18 benefit and generate a fair return to the developers for public
19 improvements of harbor facilities.

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 1      SECTION 2.  Section 171-2, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "171-2 Definition of public lands."Public lands" means
 4 all lands or interest therein in the State classed as government
 5 or crown lands previous to August 15, 1895, or acquired or
 6 reserved by the government upon or subsequent to that date by
 7 purchase, exchange, escheat, or the exercise of the right of
 8 eminent domain, or in any other manner; including submerged
 9 lands, and lands beneath tidal waters which are suitable for
10 reclamation, together with reclaimed lands which have been given
11 the status of public lands under this chapter, except:
12      (1)  Lands designated in section 203 of the Hawaiian Homes
13           Commission Act, 1920, as amended;
14      (2)  Lands set aside pursuant to law for the use of the
15           United States;
16      (3)  Lands being used for roads and streets;
17      (4)  Lands to which the United States relinquished the
18           absolute fee and ownership under section 91 of the
19           Hawaiian Organic Act prior to the admission of Hawaii
20           as a state of the United States unless subsequently
21           placed under the control of the board of land and
22           natural resources and given the status of public lands
23           in accordance with the State Constitution, the Hawaiian

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 1           Homes Commission Act, 1920, as amended, or other laws;
 2      (5)  Lands to which the University of Hawaii holds title;
 3      (6)  Lands to which the housing and community development
 4           corporation of Hawaii in its corporate capacity holds
 5           title;
 6      (7)  Lands to which the Hawaii community development
 7           authority in its corporate capacity holds title;
 8      (8)  Lands to which the department of agriculture holds
 9           title by way of foreclosure, voluntary surrender, or
10           otherwise, to recover moneys loaned or to recover debts
11           otherwise owed the department under chapter 167;
12      (9)  Lands which are set aside by the governor to the Aloha
13           Tower development corporation; lands leased to the
14           Aloha Tower development corporation by any department
15           or agency of the State; or lands to which the Aloha
16           Tower development corporation holds title in its
17           corporate capacity;[and]
18     (10)  Lands to which the agribusiness development corporation
19           in its corporate capacity holds title[.] and 
20     (11)  Lands over which the harbors division of the department
21           of transportation has jurisdiction and control by
22           executive order."
23      SECTION 3.  Section 266-2, Hawaii Revised Statutes, is

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                                     S.B. NO.           2302

 1 amended by amending subsection (a) to read as follows:
 2      "(a)  The department of transportation shall:
 3      (1)  Have and exercise all the powers and shall perform all
 4           the duties which may lawfully be exercised by or under
 5           the State relative to the control and management of
 6           commercial harbors, commercial harbor and waterfront
 7           improvements, ports, docks, wharves, piers, quays,
 8           bulkheads, and landings belonging to or controlled by
 9           the State, and the shipping using the same;
10      (2)  Have the authority to use and permit and regulate the
11           use of the commercial docks, wharves, piers, quays,
12           bulkheads, and landings belonging to or controlled by
13           the State for receiving or discharging passengers and
14           for loading and landing merchandise, with a right to
15           collect wharfage and demurrage thereon or therefor;
16      (3)  Subject to all applicable provisions of law, have the
17           power to fix and regulate from time to time rates and
18           charges for:
19           (A)  Services rendered in mooring commercial vessels;
20           (B)  The use of commercial moorings belonging to or
21                controlled by the State;
22           (C)  Wharfage or demurrage;
23           (D)  Warehouse space, office space, and storage space

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                                     S.B. NO.           2302

 1                for freight, goods, wares, and merchandise; and
 2           (E)  The use of derricks or other equipment belonging
 3                to the State or under the control of the
 4                department;
 5      (4)  Make other charges including toll or tonnage charges on
 6           freight passing over or across docks, wharves, piers,
 7           quays, bulkheads, or landings;
 8      (5)  Appoint and remove clerks, harbor agents, and their
 9           assistants, and all such other employees as may be
10           necessary, and [to] fix their compensation;
11      (6)  Adopt rules pursuant to chapter 91 and not inconsistent
12           with law; [and]
13      (7)  Generally have all powers necessary to fully carry out
14           this chapter[.]; and
15      (8)  By itself, or in conjunction with qualified persons,
16           develop, construct, reconstruct, rehabilitate, improve,
17           alter, repair, or provide for the development,
18           construction, reconstruction, rehabilitation,
19           improvement, alteration, or repair of harbor facilities
20           and lands under the control or jurisdiction of persons
21           qualified under part II, and own, hold, assign,
22           transfer, exchange, lease, sublease, or encumber any
23           project, including projects or any portion thereof

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                                     S.B. NO.           2302

 1           under the control or jurisdiction of these qualified
 2           persons."
 3      SECTION 4.  Section 266-52, Hawaii Revised Statutes, is
 4 amended to read as follows:
 5      "266-52  Powers.  In addition and supplemental to the
 6 powers granted to the department by law, the department may:
 7      (1)  With the approval of the governor, [and without public
 8           bidding, enter into a special facility lease or an
 9           amendment or supplement thereto whereby the department
10           agrees with another person engaged in maritime and
11           maritime-related operations to construct, acquire,
12           remodel, furnish, or equip a special facility solely
13           for the use by such other person to a special facility
14           lease; provided that such special facility lease may be
15           amendatory and supplemental to an existing lease
16           between the department and such other person for the
17           land upon which the special facility which is the
18           subject of such special facility lease is to be
19           situated.] lease without public auction all or any
20           portion of the real, personal, or mixed property
21           constituting a project under its jurisdiction as
22           provided herein to any qualified person, upon such
23           terms and conditions as may be approved by the

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 1           department, if the department finds that the lease
 2           conforms with the department's development plan.
 3           Notwithstanding any other provision to the contrary,
 4           the department shall establish requirements and
 5           conditions relating to the terms of lease and the
 6           qualifications of any person to apply for the lease.
 7      (2)  With the approval of the governor:
 8           (A)  Issue special facility revenue bonds in such
 9                principal amounts as may be necessary to yield the
10                amount of the cost of any construction,
11                acquisition, remodeling, furnishing, and equipping
12                of any special facility; provided that the total
13                principal amount of the special facility revenue
14                bonds which may be issued pursuant to the
15                authorization of this subparagraph shall not
16                exceed $100,000,000; and
17           (B)  Issue special facility revenue refunding bonds,
18                without further authorization by the legislature,
19                to refund outstanding special facility revenue
20                bonds, including special facility revenue
21                refunding bonds, or any part thereof, at or before
22                the maturity or redemption date, issued pursuant
23                to this part; provided that any issuance of the

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 1                refunding bonds shall not reduce the amount
 2                authorized by the legislature as provided in
 3                paragraph (2)(A).
 4      (3)  Perform and carry out the terms and provisions of any
 5           special facility lease.
 6      (4)  Notwithstanding section 103-7 or any other law to the
 7           contrary, acquire, construct, remodel, furnish, or
 8           equip any special facility, or accept the assignment of
 9           any contract therefor entered into by the other person
10           to the special facility lease.
11      (5)  Construct any special facility on land owned by the
12           State.
13      (6)  Agree with the other person to the special facility
14           lease whereby any acquisition, construction,
15           remodeling, furnishing, or equipping of the special
16           facility and the expenditure of moneys therefor shall
17           be undertaken or supervised by such other person.
18           Neither such undertaking by such other person nor the
19           acceptance by the department of a contract theretofore
20           entered into by such other person therefor, shall be
21           subject to chapter 103D." 
22      SECTION 5.  Statutory material to be repealed is bracketed.
23 New statutory material is underscored.

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 1      SECTION 6.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:  _______________________