§206J-5.5  Partnership with department of
transportation for the implementation of the commercial harbors
modernization plan and the establishment of the harbors modernization group.
 [Repeal and reenactment on June 30, 2016.  L 2008, c 200, §15.]  (a)  Consistent
with its general powers under this chapter, the development corporation shall
establish a subgroup called the harbors modernization group to undertake
projects for the commercial harbors modernization plan in subsection (b), which
are under the jurisdiction of the department of transportation. 
Notwithstanding any provision in section 206J-17 to the contrary, payments to
the development corporation for its administrative and operational expenses
shall be made by the department of transportation and deposited into the Aloha
Tower fund in a subaccount designated for commercial harbors modernization plan
projects.  The department of transportation shall delegate to the development
corporation the implementation of commercial harbors modernization plan projects. 
All projects, prior to implementation by the development corporation, shall be
approved by the director of transportation and the governor.  After approval by
the director of transportation and the governor, the expending authority for
the approved projects shall be delegated to the development corporation.



(b)  The harbors modernization group shall have
jurisdiction over harbors projects that shall collectively be known as the
commercial harbors modernization plan.  These harbor projects shall be as
follows:



(1)  Honolulu harbor.  Development of infrastructure,
expansion of facilities, and tenant relocations, including the development of
the 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 and
breakwater, West harbor cruise terminal, Pier 1 fuel line replacement and
upgrade, 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, including
the Pier 2 terminal and barge improvements, Pier 2 extension and terminal, and
Pier 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, and
extension of the fuel line; and



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



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



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



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



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



The harbors modernization group shall consist
of:



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



(2)  Two public members from the maritime industry who
shall be directly involved with a harbor or offshore mooring facility that is
primarily for the movement of commercial cargo, passenger, and fishing vessels
entering, leaving, or traveling within the state harbor system, or directly
involved with an activity that requires and is directly related to the loading,
offloading, storage, or distribution of goods and services by means of seaborne
transportation; 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 group
shall serve for four year terms and shall continue in office until their
respective successors have been appointed.  The chairperson of the corporation
board shall serve as the chairperson of the harbors modernization group.



The members of the harbors modernization group
shall act and be counted in determining quorum and majority for development
corporation actions only with respect to directing the planning, design,
construction, and financing of the harbor projects identified in the commercial
harbors modernization plan.  A majority of members of the development
corporation and four of the six members of the harbor modernization group shall
constitute quorum for matters relating to directing the planning, design,
construction, and financing of the harbor projects identified in the commercial
harbors modernization plan.  A majority of the voting members of the quorum
shall be required to validate any act relating to the harbor projects.  These
members shall serve without compensation, but each member shall be reimbursed
for expenses, including travel expenses, incurred in the performance of their
duties.



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