HB2751.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2751
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to transportation.

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

SECTION 1. The legislature finds that the burgeoning traffic congestion from the leeward coast to downtown Honolulu will continue to worsen. The Oahu metropolitan planning organization predicts that in the year 2030, the proposed fixed railway will take two and one-half hours to reach downtown Honolulu from the leeward coast. This prediction is based on the city and county of Honolulu's efforts to turn Kapolei into the second city and the addition of thousands of new housing development units in the region. Also, the increasing number of vehicles using the overburdened H-1 and H-2 freeways will bring traffic congestion to a complete halt.

Since the H-1 and H-2 freeways are the only thoroughfares into and out of west and central Oahu, any traffic accident on those freeways virtually paralyzes half of the island of Oahu -- much like the infamous Black Tuesday that caused hours of needless waiting and frustration for tens of thousands of daily commuters.

The legislature believes that it is prudent to study other alternative means of accessing west and central Oahu for daily commuters, as well as for emergency and disaster purposes.

The purpose of this Act is to study the feasibility of constructing a Pearl Harbor underwater transportation tunnel to serve as an alternative route for residents of west and central Oahu.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . pearl harbor tunnel impact fee

§264-A Definition. For purposes of this part, all definitions contained in section 264-121 shall apply to this part. Further, as used in this part:

"West Oahu" includes the districts of Ewa, Waianae, Waialua, and Wahiawa.

§264-B Pearl Harbor special fund. (a) There is established in the state treasury, the Pearl Harbor special fund to be administered by the department into which shall be deposited:

(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part for the purposes of this part;

(2) Interest from investments of deposits; and

(3) Legislative and county appropriations.

(b) Moneys in the Pearl Harbor special fund shall be used for the following purposes:

(1) The cost of an initial feasibility study and planning costs for an underwater or submerged transportation tunnel linking Ewa beach across the Pearl Harbor channel;

(2) Transfers under sections 36-27 and 36-30; and refunds under section 264-D.

§264-C Authority to assess impact fee. (a) The city and county of Honolulu is directed to assess, impose, levy, collect, and transfer to the department impact fees for any development in west Oahu pursuant to ordinances adopted under section 46-142 and this part, and the department is authorized to receive those funds for deposit into the Pearl Harbor special fund; provided that the impact fees collected shall not be less than $1,000,000 within a two year period.

(b) This assessment of impact fees shall not apply to:

(1) The development of affordable housing pursuant to a city and county of Honolulu authorized project; or

(2) The development of housing units, single, duplex, or multi-family, that are priced under $600,000.

§264-D Refund of impact fees. Upon the request of a county, the department shall refund any impact fees transferred to the Pearl Harbor special fund that have not been expended or encumbered for the purposes of this part within ten years after collection under part VIII of chapter 46."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act shall apply to any grading or building permit issued after its effective date.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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