REPORT TITLE:
Small Boat Harbors


DESCRIPTION:
Requires the board of land and natural resources to formulate
policies to initiate a system of community-based management for
small boat harbors in the State and to determine which small boat
harbors shall participate in that system.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            48          
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SMALL BOAT HARBORS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that efforts must be made
 
 2 to ensure the viability of Hawaii's small boat harbors.  These
 
 3 efforts include changes in the way in which the State's small
 
 4 boat harbor facilities are managed, particularly by restructuring
 
 5 the system to allow for more decisionmaking at the small boat
 
 6 harbors level, thereby increasing the involvement of those
 
 7 directly affected by those decisions.  The legislature finds that
 
 8 these efforts will result in increased accountability and in
 
 9 improved harbor facilities and operations.  This process of
 
10 increasing accountability was initiated with the enactment of Act
 
11 160, Session Laws of Hawaii 1997, which in part created a task
 
12 force in the department of land and natural resources to evaluate
 
13 the feasibility of establishing a community-based management
 
14 pilot program for one or more small boat harbors in the State.  
 
15      The purpose of this Act is to require the board of land and
 
16 natural resources to formulate policies to initiate a system of
 
17 community-based management for small boat harbors in the State
 
18 and to determine which small boat harbors shall participate in
 
19 that system.
 

 
Page 2                                         48          
                                     H.B. NO.           
                                                        
                                                        


 1      SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part I to be appropriately designated
 
 3 and to read as follows:
 
 4      "§200-    Small boat harbors; community-based management
 
 5 system.  (a)  As used in this section, the term "community-based
 
 6 management system" or "system" means a method of marina
 
 7 management that diffuses decisionmaking to involve or secure the
 
 8 input of those directly affected by the decisions to be made at
 
 9 the small boat harbor level, and encourages community-initiated
 
10 methods for achieving goals and objectives established by that
 
11 marina or by the board.
 
12      (b)  The board shall formulate policies, including criteria
 
13 and procedures, to initiate a system of community-based
 
14 management for small boat harbors in the State, and to determine
 
15 which small boat harbors shall participate in that system.  The
 
16 department shall provide such staff assistance as may be
 
17 necessary to the small boat harbors that are selected to
 
18 participate in that system.
 
19      (c)  The board's policies shall specify appropriate goals
 
20 and objectives that shall be fulfilled by the small boat harbors
 
21 that are participating in the community-based management system.
 
22 The board shall formulate appropriate standards for measuring
 
23 efforts to achieve these goals and objectives.
 

 
Page 3                                         48          
                                     H.B. NO.           
                                                        
                                                        


 1      (d)  Any state agency that may be required to act under
 
 2 state law on a matter affecting an individual small boat harbor
 
 3 and its community, shall waive otherwise applicable policies,
 
 4 rules, or procedures when requested to do so by a small boat
 
 5 harbor participating in the community-based management system
 
 6 unless an agency can within thirty days justify a denial to the
 
 7 appropriate authority.  The board shall adopt procedures
 
 8 necessary to process waivers initiated by small boat harbors
 
 9 participating in a community-based management system.  This
 
10 section shall apply to chapter 103D and to collective bargaining
 
11 agreements as provided for in all relevant collective bargaining
 
12 agreements negotiated pursuant to chapter 89.
 
13      (e)  The board shall adopt rules pursuant to chapter 91 as
 
14 may be necessary to implement this section."
 
15      SECTION 3.  If any provision of this Act, or the application
 
16 thereof to any person or circumstance is held invalid, the
 
17 invalidity does not affect other provisions or applications of
 
18 the Act which can be given effect without the invalid provision
 
19 or application, and to this end the provisions of this Act are
 
20 severable.
 
21      SECTION 4.  New statutory material is underscored.
 

 
 
 
 
 
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                                     H.B. NO.           
                                                        
                                                        


 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________
 
 4