SB1316 SD2.DOC

SECTION 1. Chapter 206J, Hawaii Revised Statutes, is repealed.

SECTION 2. Except as otherwise provided in this Act, all rights, powers, functions, and duties of the Aloha Tower development corporation are transferred to the Hawaii community development authority under chapter 206E, Hawaii Revised Statutes, except with respect to harbors modernization functions which shall be transferred to the department of transportation, harbors division.

SECTION 3. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Aloha Tower development corporation relating to the functions transferred to the Hawaii community development authority shall be transferred with the functions to which they relate.

SECTION 4. Chapter 206E, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§206E- Aloha Tower fund. There is created the Aloha Tower fund, to be placed for administrative purposes under the authority. All:

(1) Moneys;

(2) Rentals;

(3) Charges;

(4) Other revenues of the authority; and

(5) Moneys or charges received by the department of business, economic development, and tourism;

including reimbursements for costs and staff services as a result of planning, development, or redevelopment of the lands located seaward of Nimitz Highway between Pier 4 and the Honolulu International Airport shall be deposited into the fund.

§206E‑ Aloha Tower. (a) The authority shall be responsible for the development, planning, construction, improvement, repair, and reconstruction of projects within the Aloha Tower complex as follows: the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection with the makai boundary of tax map key 1‑7‑1:6; northeast along River Street to its intersection with King Street; north along King Street to its intersection with Iwilei Road west along Iwilei Road to its intersection with Nimitz Highway at the Ewa makai corner of tax map key 1‑5‑08:1; south along Nimitz Highway to its intersection with the boundary between tax map key 1-5-8:1 and tax map key 1‑5‑8:9; west along a line to the Diamond Head mauka corner of tax map key 1-5-40:4; west along Nimitz Highway to its intersection with the Ewa boundary of tax map key 1-5-38:4; south along the Ewa boundaries of tax map key 1-5-38:4 and 1‑5‑38:5 to Honolulu Harbor; east along the waterfront boundary of tax map key 1-5-38:5 to Pier 23; south along Pier 23 to the southwest end of Pier 22; continuing along a line in the same direction to its intersection with the Honolulu Harbor Federal Project Line; northeast along the Honolulu Harbor Federal Project Line to a point in Honolulu Harbor 475 feet perpendicular to Pier 11; southwest along a line parallel to Piers 10 and 11 to its intersection with a line extending from the southwest end of Pier 22 to the point of intersection of the Honolulu Harbor Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along a line to the point of intersection of the Honolulu Federal Project Line and a line extending along Pier 8 into Honolulu Harbor; southeast along the Honolulu Harbor Federal Project Line to its intersection with a line extending along Pier 4 into Honolulu Harbor; east along a line from that intersection and along Pier 4 to its intersection with Nimitz Highway; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2‑1‑14:6; northeast along the Ewa boundary of tax map key 2‑1‑14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2‑1‑13:7 and Nimitz Highway. The complex shall also include the area bounded by Iwilei Road beginning with its intersection with Nimitz Highway; west along Iwilei Road to its intersection with Pacific Street; southeast along Pacific Street to its intersection with the Ewa mauka corner of tax map key 1‑5‑38:4; east along Nimitz Highway to its intersection with the Diamond Head mauka corner of tax map key 1-50-40:4; east along a line to the point of intersection at the boundary between tax map key 1‑5‑8:1 and tax map key 1-5-8:9; north along Nimitz Highway to the point of beginning at the intersection of Nimitz Highway and Iwilei Road; all fast and submerged lands contained within these areas shall also be included.

(b) The authority, with the approval of the governor, may issue bonds in amounts as authorized from time to time by law as deemed advisable for any of its purposes. Any bonds issued by the Aloha Tower development corporation prior to January 1, 2010, shall be deemed to be issued in the name of the authority on January 1, 2010."

SECTION 5. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§266- Partnership with department of transportation, harbors division and the United States Department of Transportation, Maritime Administration; commercial harbors modernization plan. (a) On July 1, 2009, the department of transportation, harbors division, shall assume jurisdiction over the harbors modernization project from the Aloha Tower development corporation, to undertake projects for the commercial harbors modernization plan in subsection (b). All projects, prior to implementation, shall be approved by the director of transportation and the governor.

For purposes of this subsection, the department of transportation, harbors division, shall seek the input and guidance of the United States Department of Transportation, Maritime Administration, in the management of the harbors modernization project; provided that the department of transportation, harbors division, may enter into an agreement with Maritime Administration for the purpose of infrastructure improvements of harbors statewide.

(b) The harbors modernization group shall have jurisdiction over harbors projects that shall collectively be known as the commercial harbors modernization plan. These harbor projects shall be as follows:

(1) Honolulu harbor. Development of infrastructure, expansion of facilities, and tenant relocations, including the development of the new Kapalama container terminal;

(2) Kahului harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the West harbor barge or ferry slip or both, West harbor dredging and breakwater, West harbor cruise terminal, Pier 1 fuel line replacement and upgrade, East harbor breakwater, and Pier 2B strengthening;

(3) Hana Harbor. Development of infrastructure, demolition, as necessary, and expansion of facilities and acquisition of lands;

(4) Hilo harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the Pier 4 interisland cargo terminal;

(5) Kawaihae harbor. Development of infrastructure, expansion of facilities, tenant relocations, acquisition of lands, including the Pier 2 terminal and barge improvements, Pier 2 extension and terminal, and Pier 4 and liquid bulk terminals;

(6) Kalaeloa harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the West harbor infrastructure, Pier 4 dedicated fuel pier, and extension of the fuel line; and

(7) Nawiliwili harbor. Development of infrastructure, expansion of facilities, tenant relocations, and acquisition of lands, including the new multi-use pier.

(c) Land disposition matters in projects identified in the commercial harbors modernization plan, including land acquisition, leasing, and conveyance, and acquisition of easements or right-of-ways, shall continue to be under the jurisdiction of the board of land and natural resources pursuant to chapter 171.

(d) Except as otherwise provided in this subsection, the harbors modernization group shall be comprised of thirteen members, as follows:

(1) The following ex-officio voting members or their designees:

(A) The director of transportation;

(B) The director of business, economic development, and tourism;

(D) The mayor of the city and county of Honolulu and the mayors of the counties of Hawaii, Maui, and Kauai; and

(E) The chairperson of the board of land and natural resources; and

(2) The following voting members, appointed by the governor pursuant to section 26-34:

(A) Two public members from the maritime industry who shall be directly involved with a harbor or offshore mooring facility that is primarily for the movement of commercial cargo, passenger, and fishing vessels entering, leaving, or traveling within the state harbor system, or directly involved with an activity that requires and is directly related to the loading, offloading, storage, or distribution of goods and services by means of seaborne transportation; and

(B) Three members from the public at large, for staggered terms pursuant to section 26-34; provided that no member from the public at large shall be an officer or employee of the State or its political subdivisions.

Except as provided in paragraph (2), regarding staggered terms, the members of the harbors modernization group shall serve for four year terms and shall continue in office until their respective successors have been appointed. The director of transportation shall serve as the chairperson of the harbors modernization group.

Members shall serve without compensation, but each member shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

(e) The department of transportation may apply any revenues derived from commercial development projects in the state harbors to defray the cost of harbor infrastructure improvements incurred within the State.

(f) All procurements relating to the harbors modernization project shall be exempt from chapter 103D until June 30, 2016."

SECTION 6. Members of the harbor modernization group, as of July 1, 2009, shall continue their service under the department of transportation pursuant to this Act.

SECTION 7. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Aloha Tower development corporation with regard to harbor projects and development relating to the functions transferred to the department of transportation shall be transferred with the functions to which they relate.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	1316
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII