HOUSE OF REPRESENTATIVES	H.B. NO.	1919
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO 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, maintenance, 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].

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 amended to read as follows:

"[[]§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.] Repealed."

SECTION 3. (a) There is established a state boating facility lease pilot program within the department of land and natural resources to be implemented and managed by the division of boating and ocean recreation under which the board of land and natural resources shall lease one state small boat harbor in its entirety, including fast lands and submerged lands within it, for private development, management, maintenance, and operation; provided that the lease shall only be issued for a small boat harbor within a county with a population less than nine hundred thousand.

(b) The pilot program shall be exempt from the prior legislative authorization required by section 171-60(a), Hawaii Revised Statutes. The lease may be issued by public auction, request for proposals, or direct negotiation.

(c) All employees of the division of boating and ocean recreation of the department of land and natural resources who occupy civil service positions and whose functions are replaced as a result of this Act shall retain their civil service status, whether permanent or temporary. Employees shall be reassigned within the division of boating and ocean recreation without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges in accordance with state personnel laws; provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

(d) The department of land and natural resources shall submit a report of its findings and recommendations on the pilot program, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session until the termination of the pilot program. The report shall include a recommendation on whether the pilot program should be continued, modified, or terminated.

(e) The state boating facility lease pilot program shall terminate on June 30, 2044.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000; provided that this Act shall be repealed on June 30, 2044, and sections 200-2.5(a) and 200-2.6, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.

Report Title:

DLNR; State Boating Facility Lease Pilot Program; Ala Wai Boat Harbor; Leases; Repeal

Description:

Establishes a state boating facility lease pilot program within the Department of Land and Natural Resources to lease one state small boat harbor for private development, management, maintenance, and operation in a county with a population of less than 900,000. Repeals provisions related to the leasing of fast lands and submerged lands of the Ala Wai boat harbor. Repeals on 6/30/2044. Effective 7/1/3000. (HD1)

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