HB2398 HD1.DOC

SECTION 1. The legislature finds that the Honokohau harbor and marina in Kailua-Kona, county of Hawaii, while created over forty years ago, has never been completed and does not currently serve the needs of the west Hawaii community. Ocean recreational facilities established to serve the boating community are polluting the lands and waterways. This pollution is impacting nearby cultural sites. Problems regarding security, safety, and sanitation, voiced by tenants, citizens, and visitors for over thirty years have not been resolved. Existing facilities need improvements. The harbor and marina should be redeveloped.

Redevelopment will include infrastructure and operational improvements to the existing harbor for health and safety reasons, traffic management, and access. The redeveloped area should also 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 both local residents and visitors.

The legislature also finds that the success of a harbor and marina facility is contingent upon the use of the 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 shall be known as the Honokohau marina development district and be composed of the approximately 117.987 acres known as the Honokohau small boat harbor. Within this main parcel of land, there are five parcels of land identified for lease purposes that comprise 4.879 acres. With the exception of a small existing area that allows for egress into the harbor, the project does not encompass the shoreline area.

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-A Definitions. As used in this part:

"District" means the Honokohau marina development district.

"Fund" means the Honokohau marina development revolving fund.

§206E-B District established; boundaries. (a) The Honokohau marina development district is hereby established. The district shall include the land area of tax map key 3-7-4-008:003, which is state land, and tax map keys 3-7-4-008: 040, :042, :046, :050, and :075, which are owned by the State, but leased to various entities. Tax map keys 3-7-4-008: 040, :042, :046, : 050, and :075 are contained within the boundaries of tax map key 3-7-4-008: 003. The boundaries described as follows: the southern boundary beginning at the northwest property line of tax map key number 3-7-4-008:071, which is not part of this district, and running southeast to the Kealakehe Parkway and continuing northwest, bordering the unpaved and paved Kealakehe parkway to the Queen Kaahumanu highway. The northern boundary beginning at the southern property line of tax map key number 3-7-4-008:041, which is not a part of this district, and the southern property line of tax map key 3-7-4-008: 025, which is not part of this district, on a line that extends to the Queen Kaahumanu highway.

(b) The authority shall serve as the local redevelopment authority of the district to facilitate appropriate 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-Honokohau National Historic Park;

(B) Kona Community Development Plan Action Committee;

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

(E) Department of Hawaiian homelands;

(F) Harbor and marina tenants;

(G) Local civic and community associations; and

(H) Local cultural practitioners;

(2) Assist land users to manage their properties and activities in a manner that is supportive of the adjacent Kaloko-Honokohau National Historical Park areas with a focus on cultural practices and the elimination of pollution;

(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-C Authority; additional members for the Honokohau marina development district. For the purposes of implementing this part, three additional voting members shall be appointed to the authority by the governor pursuant to section 26-34 to represent the district. The three 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 three members shall be representatives from the categories of marine users as follows:
(1) Marina business owners and operators;

(2) Harbor boat tenants; and

(3) Cultural practitioners representing the Kaloko-Honokohau National Historical Park.

§206E-D 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 and state law;

(8) All activities shall be undertaken in compliance with federal and state 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-E 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-F Operational responsibility. Upon approval by the board, the authority may be exempt from the procurement code requirements under chapter 103D for the first Honokohau marina management contract for a period not to exceed three years.

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

SECTION 3. In codifying the new sections added by section 2 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 4. This Act shall take effect upon its approval; provided that sections 206E-E and 206E-F, Hawaii Revised Statutes, established in section 2 of this Act shall take effect on July 1, 2013.

HOUSE OF REPRESENTATIVES	H.B. NO.	2398
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII