Bill Text: HI SB1247 | 2011 | Regular Session | Amended
Bill Title: Aloha Tower Development Corporation; Repeal; Appropriation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-04-28 - (S) Conference committee meeting to reconvene on 04-29-11 1:00PM in conference room 224. [SB1247 Detail]
Download: Hawaii-2011-SB1247-Amended.html
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THE SENATE |
S.B. NO. |
1247 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 266, Hawaii Revised Statutes, is amended by adding a section to be appropriately designated and to read as follows:
"§266- Implementation of the commercial harbors modernization plan. No later than July 1, 2010, the implementation of the commercial harbors modernization plan shall be the responsibility of the department of transportation. All projects, prior to implementation, shall be approved by the governor."
SECTION 2. Section 206E-32, Hawaii Revised Statutes, is amended to read as follows:
"§206E-32 District; established, boundaries. (a) The Kakaako community development district is established.
(b) The district shall include that area bounded by King Street; Piikoi Street from its intersection with King Street to Ala Moana Boulevard; Ala Moana Boulevard, inclusive, from Piikoi Street to its intersection with the Ewa boundary of Ala Moana Park also identified as the Ewa boundary of tax map key 2-3-37:01; the Ewa boundary of tax map key 2-3-37:01 from its intersection with Ala Moana Boulevard to the shoreline; the shoreline from its intersection with the property line representing the Ewa boundary of property identified by tax map key 2-3-37:01 to the property line between Pier 2 and Pier 4; the property line between Pier 2 and Pier 4 from its intersection with the shoreline to Ala Moana Boulevard; Ala Moana Boulevard from its intersection with the property line between lands identified by Pier 2 and Pier 4 to Punchbowl Street; and Punchbowl Street to its intersection with King Street; provided that the following parcels at Pier 1 and Pier 2 shall be deleted from the Kakaako community development district boundaries and conveyed to the department of land and natural resources to be set aside for the department of transportation and the foreign-trade zone division of the department of business, economic development, and tourism, to ensure continued maritime and foreign commerce use: all of lot 3 and parcels 2, 3-A, A, and B of the Forrest Avenue subdivision, as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2335; and lots A-1 and A-2, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328; and provided further that all existing easements affecting and appurtenant to the parcels to be deleted from the Kakaako community development district boundaries shall not be affected by this change.
(c) The district shall also include that parcel of land identified by tax map key 2-1-14:16, situated mauka of Pier 6 and Pier 7 and makai of Nimitz Highway, being the site for the existing Hawaiian Electric power plant and related facilities."
(d) The district shall also include the Aloha Tower complex identified as the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection at Pier 11 and Nimitz Highway; southwest along the face of Piers 10 and 11; southeast along the face of Pier 9; northeast along the face of Pier 8; southeast parallel along the revetment of Ala Moana Boulevard and to include Pier 7; southwest along Pier 6 and its shoreline and around to Pier 5 and its shoreline; northeast to Ala Moana Boulevard; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2-1-14:6; northeast along the Ewa boundary of tax map key 2-1-14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2-1-13:7 and Nimitz Highway."
SECTION 3. Section 206J-4, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a)
There is established the Aloha Tower development corporation, which shall be a
public body corporate and politic, a public instrumentality, and an agency of
the State. The development corporation shall be placed within the department
of [business, economic development, and tourism] transportation
for administrative purposes, pursuant to section 26-35.
(b) [Except as provided in section
206J-5.5, the] The development corporation shall consist of a board
of directors having [seven] three voting members:[.]
The [director of business, economic development, and tourism, the]
director of transportation;[,] the [chairperson of the board
of land and natural resources, and the mayor of the city and county of
Honolulu, or their respective designated representatives, shall serve as ex
officio voting members.] deputy director of transportation, harbors
division; and the director of the department of business, economic development,
and tourism. [Three members from the public at large shall be appointed
by the governor for staggered terms pursuant to section 26-34 and shall also
serve as voting members; provided that no public member shall be an officer or
employee of the State or its political subdivisions. All members shall
continue in office until their respective successors have been appointed.]
The board, by a majority vote, shall elect a chairperson from within its
membership."
SECTION 4. Section 206J-17, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) There is created the Aloha Tower fund. All:
(1) Moneys;
(2) Rentals;
(3) Charges;
(4) Other revenues of the development corporation; and
(5) Moneys or charges received by the department of [business,
economic development, and tourism;] transportation;
including reimbursements for costs and staff
services as a result of planning, development, or redevelopment of the lands
located seaward of Nimitz Highway between Pier 4 and [the Honolulu
International Airport] Pier 11 shall be deposited into the fund."
2. By amending subsection (c) to read:
"(c) The moneys on deposit in the fund
shall be used for the purposes of this chapter, lease payments to the
department of transportation, and for the development, redevelopment, or
improvement of the Honolulu Waterfront located seaward of Nimitz Highway
between Pier 4 and [the Honolulu International Airport.] Pier 11."
SECTION 5. There is appropriated out of the Aloha Tower fund the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 for operating expenses for the Aloha Tower development corporation.
The sum appropriated shall be expended by the department of transportation for the purposes of this Act.
SECTION 6. All rights, powers, functions, and duties of the Aloha Tower development corporation are transferred to the department of transportation.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 7. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of Aloha Tower development corporation relating to the functions transferred to the department of transportation shall be transferred with the functions to which they relate.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2030.
Report Title:
Aloha Tower Development Corporation; Repeal; Appropriation
Description:
Abolishes the Aloha Tower Development Corporation (ATDC). Transfers the ATDC assets to the Hawaii Community Development Authority (HCDA). Establishes the Aloha Tower Complex under the jurisdiction of HCDA. Makes an appropriation. Effective July 1, 2030. (SB1247 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
