HB2398.DOC

SECTION 1. The legislature finds that the Honokohau harbor and marina in Kailua-Kona, county of Hawaii, is underused and not meeting its economic potential. To showcase Kailua-Kona as a premiere sportfishing and water activity destination, Honokohau harbor and marina should be developed as a world class, full service marina. The redeveloped area should include ancillary amenities such as a pedestrian promenade with commercial enterprises, retail shops, and restaurants for marina and harbor users to congregate and patronize, which would enhance the economic benefit for harbor and marina businesses and improve the quality of life for local residents and visitors.

The legislature also finds that the success of a harbor and marina facility is contingent upon the use of adjacent real property for complementary, supportive, marina-related services, facilities, and activities. Therefore, a new mechanism for localized harbor governance should be created, which includes designation of the Honokohau harbor and marina area as a community development district. This project would be known as the Honokohau marina development district and be composed of the approximately 58.81 acres known as the Honokohau small boat harbor and approximately 17.70 acres of adjacent lands located between the boat harbor and Queen Kaahumanu highway.

The purpose of this Act is to establish the Honokohau marina development district.

SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Honokohau Marina development district

§206E- Definitions. As used in this part:

"District" means the Honokohau marina development district.

"Fund" means the Honokohau marina development revolving fund.

§206E- District established; boundaries. (a) The Honokohau marina development district is hereby established. The district shall include that area within the boundaries described as follows: the southern boundary beginning at the southern property line of tax map key number 3-7-4-008:071 and running east to tax map key 3-7-4-008:072, continuing on tax map key 3-7-4-008:003 and bordering the unpaved and paved Kealakehe parkway to the Queen Kaahumanu highway. The northern boundary beginning at the northern property line of tax map key number 3-7-4-008:041 on a line that extends to the Queen Kaahumanu highway, tax map key numbers 3-7-4-008:003 (state land), 3-7-4-008:041, :071 (state land under the authority of the department of land and natural resources), and 3-7-4-008: 040, :042, :046, :050 and :075 (owned by the State but leased to various entities).

(b) The authority shall serve as the local redevelopment authority of the district to facilitate appropriate ocean activities, education, and natural and cultural resource education and management of the Honokohau marina development district. Management shall be in accordance with the general plan for the county of Hawaii, the Kona community development plan, watershed plans, and existing law. In addition to any other of its duties under this chapter, the authority shall:

(1) Consult with the following persons and entities:

(A) Kaloko-National Park;

(B) Kona Community Development Plan Action Committee;

(D) Mayor and council of the county of Hawaii,

to implement activities related to and supportive of all forms of ocean recreation activities, cultural practices, and marine natural resource education and management;

(2) Assist land users to manage their properties and implement activities related to and supportive of cultural practices, Kaloko-Honokohau National Park, education, and natural resource education and management;

(3) Work with federal, state, county, and other agencies to ensure that infrastructural support is provided for the district;

(4) Develop the infrastructure necessary to support the implementation of the Kona community development plan in the Honokohau marina development district; and

(5) Provide, to the extent feasible, maximum opportunity for the restoration and implementation of sustainable, culturally appropriate, biologically responsible, and economically beneficial enterprise.

§206E- Authority; additional members for the Honokohau marina development district. For the purposes of implementing this part, five additional voting members shall be appointed to the authority by the governor pursuant to section 26-34 to represent the district. The five members shall be considered in determining quorum and majority only on issues relating to the district and may vote only on issues related to the district. The five members shall be representatives from the categories of marine users as follows:

(1) Charter boat business owners;

(2) Commercial fishers;

(3) Tour boat or other marine business operators;

(4) Residential slip lessees; and

(5) Recreational boaters and other marina users.

§206E- Honokohau marina development district; policies to guide development. The following general policies to guide development shall govern the authority's actions in the district:

(1) Development shall be in accordance with the Kona community development plan and the county of Hawaii general plan, except as it conflicts with the state constitution, state and county law, and all applicable federal laws;

(2) With the approval of the governor, and in accordance with law, the authority, upon concurrence of a majority of its voting members, may modify and make changes to the Honokohau marina development district master plan to respond to changing conditions; provided that prior to amending the Honokohau marina development district master plan, the authority shall conduct at least two public meetings pursuant to chapter 92 to inform the public of the proposed changes, to receive public input, and to incorporate public input into the plan;

(3) The authority shall provide, to the extent feasible, maximum opportunity for the restoration and implementation of sustainable, culturally appropriate, and biologically responsible ocean recreation;

(4) The authority may engage in planning, design, and construction activities within and outside the district; provided that activities outside the district shall relate to infrastructural development within the district, area-wide drainage improvements, sediment transport mitigation, sewer line extensions to replace septic tanks and to service all area businesses, roadway realignments and improvements, and other activities the authority deems necessary to carry out the development or redevelopment of the district. Studies or coordinating activities may be undertaken by the authority in conjunction with the appropriate federal, state, and county agencies to address infrastructure systems, natural resource systems, and other activities;

(5) Planning, re-planning, rehabilitation, development, redevelopment, and other preparations for the restoration of natural resources, cultural practices, and educational activities may be pursued;

(6) Hawaiian archaeological, historic, and cultural sites shall be preserved and protected to the extent feasible while allowing for continued use of the property for cultural activities, education, economic pursuits, and natural resource restoration;

(7) Endangered species of flora and fauna, in the water and on the land, shall be preserved and protected to the extent feasible and acceptable by federal law;

(8) All activities shall be undertaken in compliance with federal water quality standards in the harbor and the surrounding areas to protect the reefs and fishing;

(9) Land use and redevelopment activities within the district shall be coordinated with and complement, to the extent possible, existing state and county policies, plans, and programs affecting the district; and

(10) Public facilities within the district shall be planned, located, and developed to support the redevelopment policies established by this part for the district, the master plan approved by the governor, and rules adopted pursuant to this chapter.

§206E- Honokohau marina development revolving fund. (a) There is established in the state treasury the Honokohau marina development revolving fund, into which shall be deposited:

(1) All revenues, income, and receipts of the authority for the district, notwithstanding any other law to the contrary, including section 206E-16;

(2) Moneys directed, allocated, or disbursed to the district from government agencies or private individuals or organizations, including grants, gifts, awards, donations, and assessments of landowners for costs to administer and operate the district; and

(3) Moneys appropriated to the fund by the legislature.

(b) Moneys in the fund shall be used only for the purposes of this part.

§206E- Rules; adoption. The authority shall adopt rules in accordance with chapter 91 to carry out the purposes of this part."

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2398
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII