Bill Text: HI HB2380 | 2018 | Regular Session | Amended
Bill Title: Relating To Disposition Within State Boating Facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-04-27 - Conference Committee Meeting will reconvene on Friday, 04-27-18 4:30PM in Conference Room 224. [HB2380 Detail]
Download: Hawaii-2018-HB2380-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2380 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO DISPOSITION WITHIN STATE BOATING FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
Section 200-2.5, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:
"(a) Notwithstanding any law to the contrary, the
board may lease fast lands and submerged lands within an existing state boating
facility by public auction, a request for proposals, or by direct negotiation
pursuant to section 171-59 and chapter 190D, for private development,
management, and operation; provided that [any lease of fast lands or
submerged lands pursuant to a request for proposals shall be subject to section 200-2.6, regardless to which state
boating facility the fast or submerged lands are attached.] no lease
shall be approved by the board unless the board has first found that:
(1) The lessee has
considered the risk of sea level rise on the area of the land to be leased; and
(2) The effect of
sea level rise on the area of the land to be leased will be minimal during the
term of the lease;
provided further that the board may request
authorization from the legislature of, and the legislature may authorize, a
lease that does not satisfy the criteria under paragraphs (1) and (2) where the
board demonstrates the existence of extraordinary circumstances necessitating
the lease.
As
used in this section, the term "state boating facility" means a state
small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or
any other area under the jurisdiction of the department pursuant to this
chapter."
SECTION
2. Section 200-2.6, Hawaii Revised
Statutes, is repealed.
["[§200-2.6] Ala
Wai boat harbor; leases.
The fast lands and submerged lands of the Ala Wai boat harbor that may
be leased include the following:
(1) All fast lands and submerged lands
described in the request for qualifications or request for proposals issued by
the division of boating and ocean recreation of the department on November 25,
2008;
(2) The fast land described as a portion of tax
map key: (1) 2-3-37-12, composed of approximately 112,580 square feet,
presently used for harbor offices and permitted vehicular parking; and
(3) The fast land described as a portion of tax
map key: (1) 2-3-37-12, which is a triangular area located Diamond Head of Mole
B, presently used for permitted vehicular parking."]
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.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
State Boating Facilities; Disposition
Description:
Before leasing any fast lands and submerged lands within any existing state boating facility by public auction, request for proposals, or direct negotiation, requires the board of land and natural resources to make a finding regarding certain sea level rise factors and allows legislative authorization for extraordinary circumstances. Repeals fast lands and submerged lands lease requirements specific to Ala Wai Boat Harbor. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
