§206J-5.5  Partnership with department oftransportation for the implementation of the commercial harborsmodernization plan and the establishment of the harbors modernization group. [Repeal and reenactment on June 30, 2016.  L 2008, c 200, §15.]  (a)  Consistentwith its general powers under this chapter, the development corporation shallestablish a subgroup called the harbors modernization group to undertakeprojects for the commercial harbors modernization plan in subsection (b), whichare under the jurisdiction of the department of transportation. Notwithstanding any provision in section 206J-17 to the contrary, payments tothe development corporation for its administrative and operational expensesshall be made by the department of transportation and deposited into the AlohaTower fund in a subaccount designated for commercial harbors modernization planprojects.  The department of transportation shall delegate to the developmentcorporation the implementation of commercial harbors modernization plan projects. All projects, prior to implementation by the development corporation, shall beapproved by the director of transportation and the governor.  After approval bythe director of transportation and the governor, the expending authority forthe approved projects shall be delegated to the development corporation.

(b)  The harbors modernization group shall havejurisdiction over harbors projects that shall collectively be known as thecommercial harbors modernization plan.  These harbor projects shall be asfollows:

(1)  Honolulu harbor.  Development of infrastructure,expansion of facilities, and tenant relocations, including the development ofthe new Kapalama container terminal;

(2)  Kahului harbor.  Development of infrastructure,expansion of facilities, tenant relocations, and acquisition of lands,including the West harbor barge or ferry slip or both, West harbor dredging andbreakwater, West harbor cruise terminal, Pier 1 fuel line replacement andupgrade, East harbor breakwater, and Pier 2B strengthening;

(3)  Hana Harbor.  Development of infrastructure,demolition, as necessary, and expansion of facilities and acquisition of lands;

(4)  Hilo harbor.  Development of infrastructure,expansion of facilities, tenant relocations, and acquisition of lands,including the Pier 4 interisland cargo terminal;

(5)  Kawaihae harbor.  Development of infrastructure,expansion of facilities, tenant relocations, acquisition of lands, includingthe Pier 2 terminal and barge improvements, Pier 2 extension and terminal, andPier 4 and liquid bulk terminals;

(6)  Kalaeloa harbor.  Development of infrastructure,expansion of facilities, tenant relocations, and acquisition of lands,including the West harbor infrastructure, Pier 4 dedicated fuel pier, andextension of the fuel line; and

(7)  Nawiliwili harbor.  Development ofinfrastructure, expansion of facilities, tenant relocations, and acquisition oflands, including the new multi-use pier.

(c)  For the purposes of this section, thechief executive officer shall have the power to appoint officers, agents, andemployees, prescribe their duties and qualifications, and fix their salaries,without regard to chapter 76.

(d)  Landdisposition matters in projects identified in the commercial harborsmodernization plan, including land acquisition, leasing, and conveyance, and acquisitionof easements or right-of-ways, shall continue to be under the jurisdiction ofthe board of land and natural resources pursuant to chapter 171.

(e)  The harborsmodernization group, when acting pursuant to subsection (f), shall retain allthe powers of the development corporation under sections 206J-5 to 206J-21.

(f)  Except as otherwise provided in thissubsection, the harbors modernization group shall be comprised of six votingmembers appointed by the governor to the development corporation in addition tothose members appointed under section 206J-4(b), and pursuant to section 26-34.

The harbors modernization group shall consistof:

(1)  The director of budget and finance, or adesignated representative, who shall serve as an ex officio voting member;

(2)  Two public members from the maritime industry whoshall be directly involved with a harbor or offshore mooring facility that isprimarily for the movement of commercial cargo, passenger, and fishing vesselsentering, leaving, or traveling within the state harbor system, or directlyinvolved with an activity that requires and is directly related to the loading,offloading, storage, or distribution of goods and services by means of seabornetransportation; and

(3)  The mayors of the counties of Hawaii, Maui, and Kauai, or their designated representatives, who shall serve as ex officio voting members.

The members of the harbors modernization groupshall serve for four year terms and shall continue in office until theirrespective successors have been appointed.  The chairperson of the corporationboard shall serve as the chairperson of the harbors modernization group.

The members of the harbors modernization groupshall act and be counted in determining quorum and majority for developmentcorporation actions only with respect to directing the planning, design,construction, and financing of the harbor projects identified in the commercialharbors modernization plan.  A majority of members of the developmentcorporation and four of the six members of the harbor modernization group shallconstitute quorum for matters relating to directing the planning, design,construction, and financing of the harbor projects identified in the commercialharbors modernization plan.  A majority of the voting members of the quorumshall be required to validate any act relating to the harbor projects.  Thesemembers shall serve without compensation, but each member shall be reimbursedfor expenses, including travel expenses, incurred in the performance of theirduties.

(g)  Subject to existing contractual andstatutory commitments to the department of transportation for any losses inrevenue under this chapter, the development corporation may apply any revenuesderived from commercial development projects in the Aloha Tower project area todefray the cost of harbor infrastructure improvements incurred within the State.[L 2007, c 127, §2; am L 2008, c 200, §5]