HOUSE OF REPRESENTATIVES	H.C.R. NO.	305
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING HAWAII's CONGRESSIONAL DELEGATION TO seek CLARIFication from THE united states SECRETARY OF TRANSPORTATION regarding the USe of AIRPORT REVENUEs TO PAY FOR THE OPERATIONAL COSTS OF STATE AGRICULTURAL INSPECTIONS OF INCOMING AIR CARGO AT state AIRPORTs.

     WHEREAS, the State of Hawaii is recognized as a unique place that creates an experience like no other; and

     WHEREAS, Hawaii tourism depends on Hawaii's unique environment; and

     WHEREAS, introduced or non-native species have, and will continue to have, devastating impacts on Hawaii's agriculture, natural environment, economy, public health, and quality-of-life; and

     WHEREAS, air transportation is a proven pathway by which invasive species are transported to and become established in new environments; and

     WHEREAS, various illegal plants and animals, high quantities of non-native pests, and a great variety of invasive pests are also transported by air transportation; and

     WHEREAS, in a letter dated July 31, 1998, Barry L. Molar, then Manager of the Airport Compliance Division of the Federal Aviation Administration in Washington D.C., stated that "[i]nfrastructure and support needed to adequately inspect arriving aircraft, cargo and passengers can be 100% payable with airport revenue provided these facilities are used exclusively by airport inspectors for airport facilities"; and

     WHEREAS, Mr. Molar further stated that "[n]on-federal inspectors who work exclusively at the airport can be supported with airport revenue"; and

     WHEREAS, airport revenues are currently used at Kahului Airport to pay for inspectors, operations, environmental studies, and inspection facilities; and

     WHEREAS, the Manager of the Airports District Office for the Federal Aviation Administration's Western-Pacific Region stated in a letter dated February 14, 2007, that "the use of airport revenue to fund inspectors would represent a prohibited use of airport revenue under Title 49 U.S.C. Sections 47107(b) and 47133"; and

     WHEREAS, these conflicting interpretations have led to a situation where the Alien Species Action Plan for Kahului Airport recommends that there should be fourteen agriculture inspectors at Kahului airport, as compared to seven agriculture inspectors scheduled daily for Honolulu International Airport; and

     WHEREAS, the volume of air cargo imported annually into the State of Hawaii through Honolulu International Airport is approximately four hundred thousand tons, as compared to thirty-five thousand tons at Kahului Airport; and

     WHEREAS, on September 30, 2009, the Federal Aviation Administration issued Order 5190.6B, advising that permitted uses of airport revenue include expenses to promote public and industry awareness of the airport's facilities and services "such as a Super Bowl hospitality tent for corporate aircraft at a sponsor-owned general aircraft terminal"; and

     WHEREAS, Order 5190.6B also states that permitted uses of airport revenue may include community activities; provided that the activities are directly and substantially related to the operation of the airport, "[f]or example, it may purchase tickets for an annual community luncheon at which the airport director delivers a speech reviewing the state of the airport.  The airport may also contribute to a golf tournament sponsored by a 'friends of the airport' committee"; and

     WHEREAS, Order 5190.6B further states that "[a]n airport may use its revenue to support a community's use of airport property if the expenditures are directly and substantially related to the operation of the airport"; and

     WHEREAS, finally, Order 5190.6B states that "a sponsor may pay for a portion of the general costs of government, including executive offices and the legislative branches, provided the sponsor allocates such costs to the airport in accordance with an acceptable cost allocation plan"; and

     WHEREAS, the State strongly feels that the inspection of incoming commodities is substantially related to the operation of state airports, especially with regard to the movement of air passengers and cargo; and

     WHEREAS, airlines have vocally objected to the reduction of inspection hours by the state Department of Agriculture; and

     WHEREAS, adequate staffing and facilities will enhance the safe and efficient movement of passengers and cargo through the airports, while a lack of adequate staffing and facilities will create a backlog of cargo at the airports; and

     WHEREAS, insufficient inspection personnel and facilities will prevent imported commodities from being inspected and released, and thus will result in these commodities rotting and decaying at the airport; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that Hawaii's congressional delegation is urged to seek clarification from the United States Secretary of Transportation regarding the use of airport revenues to pay for the operational costs of state agricultural inspections of incoming air cargo at state airports; and

BE IT FURTHER RESOLVED that the clarification include the use of airport revenues to pay for agriculture inspection and facilities for inspections conducted solely at the airport for air cargo; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and each member of Hawaii's congressional delegation.

OFFERED BY:

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Report Title: 

Airport Revenues; Operational Costs of State Agricultural Inspections