REPORT TITLE:
Harbors


DESCRIPTION:
Designates harbors and facilities at Lahaina and Kailua-Kona as
commercial harbors under DOT; excludes Piers 1 and 2 at Fort
Armstrong from the Kakaako community development district.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2299
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HARBORS.



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

 1      SECTION 1.  The legislature finds that the continuing
 
 2 expansion of the cruise ship industry has the potential to
 
 3 contribute significantly to Hawaii tourism.  With the
 
 4 announcement in early 1999 of the construction of two new cruise
 
 5 ships for Hawaii waters, and an option to build a third, the
 
 6 State stands to gain substantially in its share of the cruise
 
 7 market.  The first of these ships is expected to be in service
 
 8 early in 2003, and the second the following year.
 
 9      The legislature also finds that a report commissioned by the
 
10 department of transportation and released in March 1999,
 
11 recommends investments of $54,000,000 over the next five years,
 
12 and an additional $43,000,000 through 2020 to improve passenger
 
13 terminals at eight Hawaii ports, making them more receptive to
 
14 cruise ships and their passengers.  At stake is the development
 
15 of an industry that could contribute $1,600,000,000, and over
 
16 10,000 jobs to the State's economy by 2020.
 
17      The legislature further finds that balancing the needs of
 
18 tourism services and working cargo facilities is an important
 
19 component to the development of ports that can support both
 

 
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                                     S.B. NO.           2299
                                                        
                                                        

 
 1 industries, particularly at the small boat harbors on the
 
 2 neighbor islands.  Under the department of land and natural
 
 3 resources, small boat harbors have received limited funds for
 
 4 improvements, and given the budget constraints of the department,
 
 5 are unlikely to receive the necessary funding in the near future.
 
 6      In Honolulu, Piers 1 and 2 at Fort Armstrong include vital
 
 7 and unique maritime cargo facilities that cannot be relocated and
 
 8 would be prohibitively expensive to duplicate.  Piers 1 and 2, as
 
 9 well as access roads and backup lands to these piers, must be
 
10 protected and preserved:  to ensure safe and navigable turning
 
11 basins, channels, and approaches to berths; to allow for
 
12 upgrading of existing cargo handling facilities; to expand and
 
13 improve these facilities consistent with the predicted growth of
 
14 future cargo requirements; and for the safe and effective
 
15 berthing of major cargo vessels.
 
16      The purposes of this Act are to transfer the administration
 
17 of the small boat harbors and related facilities at Lahaina,
 
18 Maui, and Kailua-Kona, Hawaii, from the department of land and
 
19 natural resources to the department of transportation, and to
 
20 change the boundaries of the Kakaako community development
 
21 district to exclude Pier 1 and Pier 2 at Fort Armstrong.
 
22      SECTION 2.  Section 200-3, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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                                     S.B. NO.           2299
                                                        
                                                        

 
 1      "[[]§200-3[]]  Ocean recreation and coastal areas programs.
 
 2 The board shall assume the following functions of the department
 
 3 of transportation:
 
 4      (1)  Managing and administering the ocean-based recreation
 
 5           and coastal areas programs of the State;
 
 6      (2)  Planning, developing, operating, administering, and
 
 7           maintaining small boat harbors, launching ramps, and
 
 8           other boating facilities and associated aids to
 
 9           navigation throughout the State; provided that the
 
10           small boat harbors, launching ramps, and other boating
 
11           facilities and associated aids to navigation at
 
12           Lahaina, Maui, and Kailua-Kona, Hawaii, shall be under
 
13           the management and administration of the department of
 
14           transportation;
 
15      (3)  Developing and administering an ocean recreation
 
16           management plan;
 
17      (4)  Administering and operating a vessel registration
 
18           system for the State;
 
19      (5)  Regulating the commercial use of boating facilities;
 
20      (6)  Regulating boat regattas and other ocean water events;
 
21      (7)  Administering a marine casualty and investigation
 
22           program;
 
23      (8)  Assisting in abating air, water, and noise pollution;
 

 
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                                     S.B. NO.           2299
                                                        
                                                        

 
 1      (9)  Conducting public education in boating safety;
 
 2     (10)  Administering the boating special fund;
 
 3     (11)  Assisting in controlling shoreline erosion;
 
 4     (12)  Repairing seawalls and other existing coastal
 
 5           protective structures under the jurisdiction of the
 
 6           State; and
 
 7     (13)  Removing nonnatural obstructions and public safety
 
 8           hazards from the shoreline, navigable streams, harbors,
 
 9           channels, and coastal areas of the State."
 
10      SECTION 3.  Section 206E-32, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§206E-32  District; established, boundaries.  The Kakaako
 
13 community development district is established.  The district
 
14 shall include that area bounded by:  King Street; Piikoi Street
 
15 from its intersection with King Street to Ala Moana Boulevard;
 
16 Ala Moana Boulevard, inclusive, from Piikoi Street to its
 
17 intersection with the Ewa boundary of Ala Moana Park, also
 
18 identified as the Ewa boundary of tax map key 2-3-37:01; the Ewa
 
19 boundary of tax map key 2-3-37:01 from its intersection with Ala
 
20 Moana Boulevard to the shoreline; the shoreline from its
 
21 intersection with the property line representing the Ewa boundary
 
22 of property identified by tax map key 2-3-37:01 to the [property
 
23 line between Pier 2 and Pier 4; the property line between Pier 2
 

 
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                                     S.B. NO.           2299
                                                        
                                                        

 
 1 and Pier 4 from its intersection with the shoreline to Ala Moana
 
 2 Boulevard; Ala Moana Boulevard from its intersection with the
 
 3 property line between lands identified by Pier 2 and Pier 4]
 
 4 Keawe drainage canal; the Keawe drainage canal, inclusive, from
 
 5 its intersection with the shoreline to Keawe Street; Keawe
 
 6 Street, inclusive, from Keawe drainage canal to its intersection
 
 7 with Ala Moana Boulevard, except for that parcel of land
 
 8 identified as tax map key 2-21-15:44; Ala Moana Boulevard,
 
 9 inclusive, from its intersection with Keawe Street to Punchbowl
 
10 Street; and Punchbowl Street to its intersection with King
 
11 Street.
 
12      The district shall also include that parcel of land
 
13 identified by tax map key 2-1-14:16, situated mauka of Pier 6 and
 
14 Pier 7 and makai of Nimitz Highway, being the site for the
 
15 existing Hawaiian Electric power plant and related facilities."
 
16      SECTION 4.  Section 266-1, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§266-1 Department of transportation; harbors;
 
19 jurisdiction.  All commercial harbors and roadsteads, and all
 
20 commercial harbor and waterfront improvements belonging to or
 
21 controlled by the State, and all vessels and shipping within the
 
22 commercial harbors and roadsteads shall be under the care and
 
23 control of the department of transportation.
 

 
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                                     S.B. NO.           2299
                                                        
                                                        

 
 1      For the purpose of this chapter, "commercial harbor" means a
 
 2 harbor or off-shore mooring facility which is primarily for the
 
 3 movement of commercial cargo, passenger and fishing vessels
 
 4 entering, leaving, or travelling within the State, and facilities
 
 5 and supporting services for loading, off-loading, and handling of
 
 6 cargo, passengers, and vessels[.]; and shall include the small
 
 7 boat harbors, launching ramps, and other boating facilities and
 
 8 associated aids to navigation at Lahaina, Maui, and Kailua-Kona,
 
 9 Hawaii."
 
10      SECTION 5.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 6.  This Act shall take effect July 1, 2000.
 
13 
 
14                           INTRODUCED BY:  _______________________