Report Title:
State boating facilities
Description:
Allows for the leasing of fast and submerged lands of Ala Wai boat harbor subject to certain conditions.
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THE SENATE |
S.B. NO. |
1601 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ALA WAI BOAT HARBOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that privatization of state boat harbors is a feasible solution to problems of management and funding for the repairs or construction of new infrastructure at our harbors. The legislature also finds that many people oppose the leasing of fast and submerged lands within the Ala Wai boat harbor facility for numerous valid reasons. Rather than ignore the reasons and interests of those who oppose the leasing of the fast and submerged lands of Ala Wai boat harbor and allow these unique circumstances to delay a possible solution to a long-standing problem, the purpose of this Act is to allow for the leasing of fast and submerged lands within the Ala Wai boat harbor facility in a way that addresses concerns of those that oppose the leasing of such fast lands.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§200-A Disposition of state boating facility properties: Ala Wai boat harbor. (a) Notwithstanding any law to the contrary, leasing of fast and submerged lands within the Ala Wai boat harbor facility shall be subject to the condition that water-based commercial activities shall not be conducted on the leased lands. For purposes of this section, "water-based commercial activities" are defined as activities where the use of either the leased fast or submerged lands or the activity conducted on the leased fast or submerged lands are to:
(1) conduct any maritime activities that generates revenue through the transportation of passengers or cargo;
(2) conduct any maritime activity that generates revenue through recreational activity, including cruises.
(b) Leasing of fast and submerged lands pursuant to this section shall also be subject to the condition that any parking structures constructed on such lands be limited to two stories in height. Height limitations imposed on such structures by conveyance or trust documents or lease documents preceding the effective date of this Act shall supercede this subsection."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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