REPORT TITLE:
Maritime lands
DESCRIPTION:
Establishes definition for maritime lands. Requires that Piers
1 and 2 at Fort Armstrong shall be limited for maritime use.
(SB2301 HD1)
2301
THE SENATE S.B. NO. S.D. 2
TWENTIETH LEGISLATURE, 2000 H.D. 1
STATE OF HAWAII
________________________________________________________________
________________________________________________________________
A BILL FOR AN ACT
RELATING TO HARBORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 206E-33, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "�6E-33 Kakaako community development district;
4 development guidance policies. The following shall be the
5 development guidance policies generally governing the authority's
6 action in the Kakaako community development district:
7 (1) Development shall result in a community which permits
8 an appropriate land mixture of residential, commercial,
9 industrial, and other uses. In view of the innovative
10 nature of the mixed use approach, urban design policies
11 should be established to provide guidelines for the
12 public and private sectors in the proper development of
13 this district; while the authority's development
14 responsibilities apply only to the area within the
15 district, the authority may engage in any studies or
16 coordinative activities permitted in this chapter which
17 affect areas lying outside the district, where the
18 authority in its discretion decides that those
19 activities are necessary to implement the intent of
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1 this chapter. The studies or coordinative activities
2 shall be limited to facility systems, resident and
3 industrial relocation, and other activities with the
4 counties and appropriate state agencies. The authority
5 may engage in construction activities outside of the
6 district; provided that such construction relates to
7 infrastructure development or residential or business
8 relocation activities; provided further,
9 notwithstanding section 206E-7, that such construction
10 shall comply with the general plan, development plan,
11 ordinances, and rules of the county in which the
12 district is located;
13 (2) Existing and future industrial uses shall be permitted
14 and encouraged in appropriate locations within the
15 district. No plan or implementation strategy shall
16 prevent continued activity or redevelopment of
17 industrial and commercial uses which meet reasonable
18 performance standards;
19 (3) Activities shall be located so as to provide primary
20 reliance on public transportation and pedestrian
21 facilities for internal circulation within the district
22 or designated subareas;
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1 (4) Major view planes, view corridors, and other
2 environmental elements such as natural light and
3 prevailing winds, shall be preserved through necessary
4 regulation and design review;
5 (5) Redevelopment of the district shall be compatible with
6 plans and special districts established for the Hawaii
7 Capital District, and other areas surrounding the
8 Kakaako district;
9 (6) Historic sites and culturally significant facilities,
10 settings, or locations shall be preserved;
11 (7) Land use activities within the district, where
12 compatible, shall to the greatest possible extent be
13 mixed horizontally, that is, within blocks or other
14 land areas, and vertically, as integral units of multi-
15 purpose structures;
16 (8) Residential development may require a mixture of
17 densities, building types, and configurations in
18 accordance with appropriate urban design guidelines;
19 integration both vertically and horizontally of
20 residents of varying incomes, ages, and family groups;
21 and an increased supply of housing for residents of
22 low- or moderate-income may be required as a condition
23 of redevelopment in residential use. Residential
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1 development shall provide necessary community
2 facilities, such as open space, parks, community
3 meeting places, child care centers, and other services,
4 within and adjacent to residential development;
5 (9) Public facilities within the district shall be planned,
6 located, and developed so as to support the
7 redevelopment policies for the district established by
8 this chapter and plans and rules adopted pursuant to
9 it[.]; and
10 (10) Piers 1 and 2 and certain contiguous state-owned lands
11 shall be limited for maritime use. These contiguous
12 lands extend inland from piers 1 and 2 to a line along
13 the Ewa boundary of the parcel identified as the
14 foreign trade zone in executive order number 3315 dated
15 January 7, 1986, to the makai boundary of the extension
16 of Ilalo Street to Punchbowl Street as designated by
17 the Kakaako community development district makai area
18 plan adopted by the authority in 1998 or subsequent
19 amendment, and to the makai boundary of Ala Moana
20 Boulevard, but exclude the thirty-foot wide shoreline
21 setback along the Kakaako Peninsula from the southeast
22 point of land of the Ewa boundary of the Kakaako
23 Peninsula to the Ewa boundary of the aforementioned
24 parcel identified as the foreign trade zone."
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1 SECTION 2. Section 266-2, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "�6-2 Powers and duties of department. (a) The
4 department of transportation shall:
5 (1) Have and exercise all the powers and shall perform all
6 the duties which may lawfully be exercised by or under
7 the State relative to the control and management of
8 commercial harbors, commercial harbor and waterfront
9 improvements, ports, docks, wharves, piers, quays,
10 bulkheads, [and] landings belonging to or controlled by
11 the State, and maritime lands, and the shipping using
12 the same;
13 (2) Have the authority to use and permit and regulate the
14 use of the commercial docks, wharves, piers, quays,
15 bulkheads, [and] landings belonging to or controlled by
16 the State, and maritime lands, for receiving or
17 discharging passengers and for loading and landing
18 merchandise, with a right to collect wharfage and
19 demurrage thereon or therefor;
20 (3) Subject to all applicable provisions of law, have the
21 power to fix and regulate from time to time rates and
22 charges for:
23 (A) Services rendered in mooring commercial vessels;
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1 (B) The use of commercial moorings belonging to or
2 controlled by the State;
3 (C) Wharfage or demurrage;
4 (D) Warehouse space, office space, and storage space
5 for freight, goods, wares and merchandise; and
6 (E) The use of derricks or other equipment belonging
7 to the State or under the control of the
8 department;
9 (4) Make other charges including toll or tonnage charges on
10 freight passing over or across docks, wharves, piers,
11 quays, bulkheads, [or] landings[;], or maritime lands;
12 (5) Appoint and remove clerks, harbor agents and their
13 assistants, and all such other employees as may be
14 necessary, and [to] fix their compensation;
15 (6) Adopt rules pursuant to chapter 91 and not inconsistent
16 with law; and
17 (7) Generally have all powers necessary to fully carry out
18 this chapter.
19 (b) Notwithstanding any law or provision to the contrary,
20 the department of transportation is authorized to plan,
21 construct, operate, and maintain any commercial harbor facility
22 in the State, including, but not limited to, the acquisition and
23 use of lands necessary to stockpile dredged spoils, without the
24 approval of county agencies.
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1 All moneys appropriated for commercial harbor improvements,
2 including new construction, reconstruction, repairs, salaries,
3 and operating expenses, shall be expended under the supervision
4 and control of the department, subject to this chapter and
5 chapter 103D.
6 All contracts and agreements authorized by law to be entered
7 into by the department shall be executed on its behalf by the
8 director of transportation.
9 (c) The department shall prepare and submit annually to the
10 governor a report of its official acts during the preceding
11 fiscal year, together with its recommendations as to commercial
12 harbor improvements throughout the State.
13 (d) As used in this section, "maritime lands" means any
14 public lands required for commercial and industrial activities
15 that are dependent on being adjacent to the harbor, excluding:
16 (1) The Sand Island Business Association industrial lease
17 area;
18 (2) State boating facilities under chapter 200, which the
19 department of land and natural resources shall manage
20 for their highest and best use; and
21 (3) Lands under the jurisdiction of the Hawaii community
22 development authority."
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1 SECTION 3. Statutory material to be repealed is bracketed.
2 New statutory material is underscored.
3 SECTION 4. This Act shall take effect July 1, 2000.