Report Title:

Ocean Recreation; Boat Ramps; Public Hearing

Description:

Requires the department of land and natural resources to hold a public hearing prior to allowing the public to use a privately leased launching ramp, pier, wharf, or landing.

THE SENATE

S.B. NO.

2198

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONSERVATION AND RESOURCES.

 

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

SECTION 1. Section 200-2.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§200-2.5[]] Disposition of state boating facility properties. (a) Notwithstanding any law to the contrary, the board may lease fast lands within an existing state boating facility by public auction or by direct negotiation pursuant to section 171-59, for private development, management, and operation. [For the purpose of this section, the term "state boating facility" means a state small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or any other area under the jurisdiction of the department pursuant to this chapter.]

(b) The permissible uses under any lease disposed of under this section shall be consistent with the purpose for which the land was set aside by the governor pursuant to section 171-11. Permissible uses may include any use that will complement or support the maritime activities of state boating facilities.

(c) Disposition of public lands of state boating facilities constructed, maintained, and operated in accordance with this chapter shall not exceed a maximum term of fifty-five years.

(d) All revenues due to the State derived from leases of state boating facilities shall be deposited in the boating special fund.

(e) Prior to opening to the public the use of a launching ramp, pier, wharf, or landing that is leased pursuant to subsection (a), the lessee shall notify the board. The board shall hold a public meeting on the issue. The board shall provide public notice and accept testimony. Before permitting the public use, the board shall make findings. If the board permits the use, the board shall give the public access to the relevant information that justifies opening the facility to use by the public.

(f) For the purpose of this section, the term "state boating facility" means a state small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or any other area under the jurisdiction of the department pursuant to this chapter."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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