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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
19 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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RESOLUTION
AUTHORIZING THE LEASE OF SUBMERGED LANDS AT ALA WAI SMALL BOAT HARBOR FOR REDEVELOPMENT, MANAGEMENT, AND OPERATION BY QUALIFIED PRIVATE ENTITIES FOR MARINA PURPOSES.
WHEREAS, the State can expect a continued increase in demand for quality moorage space in both public small boat harbors and private marinas throughout the State; and
WHEREAS, the State has continued to encourage development of marina facilities by the private sector to help meet the demand for berthing space over the last twenty years; and
WHEREAS, despite the State’s efforts, with the exception of Ko Olina Marina, no new marinas have been completed and placed in operation for over twenty years; and
WHEREAS, this failure to open new marinas is attributable to a variety of factors, including denial of permit applications, prolonged delays in obtaining necessary permits, litigation, and loss of capital financing; and
WHEREAS, the majority of state boat small harbors were constructed prior to 1980; and
WHEREAS, the majority of berthing facilities within Ala Wai boat harbor were constructed more than twenty years ago and are now approaching the end of their useful life, including those that suffered structural stress during Hurricane Iniki in 1992, and they now require major repairs or replacement; and
WHEREAS, the additional berthing that will be provided by the recently constructed new state boat harbor at Kawaihae and the proposed improvements to Maalaea Boat Harbor (which are not expected to be completed for several years), are only anticipated to partially meet the respective local demands for mooring space; and
WHEREAS, based on the report entitled, "Documentation of Facilities for the Boating Program Transfer to the Department of Land and Natural Resources - Master Plans Phase: Boating CIP Projects," by R. M. Towill, Inc., completed in June 1995, and subsequent condition surveys, an investment of about $60,000,000 will be necessary over the next several years for replacement of existing deteriorated boat slips, utilities, and infrastructure, construction of additional boat slips, and other improvements to maximize the amount of berthing available at Ala Wai small boat harbor; and
WHEREAS, funding in this amount for boating facility improvements exceeds the capability of present state resources, given the present financial condition of the State; and
WHEREAS, the Department of Land and Natural Resources is actively exploring alternative means of improving and redeveloping state boating facilities, including participation by the private sector, without reliance on state resources; and
WHEREAS, the Department of Land and Natural Resources previously received an unsolicited proposal for the redevelopment, management, and operation of state small boat harbors by a private marina management firm through a long-term lease agreement, and other marina management and development firms have also expressed interest in leasing Ala Wai and other state small boat harbor facilities; and
WHEREAS, a lease of the submerged lands within Ala Wai small boat harbor will be "as is" and is expected to provide an additional source of revenue to the State; and
WHEREAS, the Board of Land and Natural Resources is already authorized to lease the fast lands of boating facilities under the provisions of chapter 171 and section 200-2.5, Hawaii Revised Statutes, and to enter into agreements with private entities for the management of boating facilities pursuant to Act 90, Session Laws of Hawaii 2001; and
WHEREAS, only the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution pursuant to section 171-53(c), Hawaii Revised Statutes, are required to include the submerged lands of Ala Wai small boat harbor in a lease to a private entity; and
WHEREAS, the Legislature desires to authorize the Board of Land and Natural Resources to lease to qualified private entities certain submerged lands at Ala Wai small boat harbor for redevelopment, management, and operation; and
WHEREAS, in order to process the above-described leases, all appropriate authorizations are required; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to lease submerged lands at Ala Wai small boat harbor for redevelopment, management, and operation by qualified private entities for marina purposes, including maritime facilities and non-maritime facilities supporting and complementing the maritime uses, pursuant to sections 171-53 and 200-2.5, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that this Concurrent Resolution does not impute or imply legislative approval of the decisions that must be independently made by the Board of Land and Natural Resources in approving the issuance of any lease, nor imply any intent to include in any lease or under this Concurrent Resolution any submerged lands other than the submerged lands at Ala Wai small boat harbor; and
BE IT FURTHER RESOLVED that prior to executing any lease, the Board of Land and Natural Resources must independently conclude that any lease issued as a result of the authorization granted by this Concurrent Resolution will be economically feasible and in the best interest of the State, the harbor users, and the general public; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and the Chairperson of the Board of Land and Natural Resources.
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OFFERED BY: |
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