§261-7 - Operation and use privileges.
§261-7 Operation and use privileges.
(a) In operating an airport or air navigation facility owned or controlled by
the department of transportation, or in which it has a right or interest, the
department may enter into contracts, leases, licenses, and other arrangements
with any person:
(1) Granting the privilege of using or improving the
airport or air navigation facility or any portion or facility thereof or space
therein for commercial purposes;
(2) Conferring the privilege of supplying goods, commodities,
things, services, or facilities at the airport or air navigation facility;
(3) Making available services, facilities, goods,
commodities, or other things to be furnished by the department or its agents at
the airport or air navigation facility; or
(4) Granting the use and occupancy on a temporary
basis by license or otherwise any portion of the land under its jurisdiction
which for the time being may not be required by the department so that it may
put the area to economic use and thereby derive revenue therefrom.
All the arrangements shall contain a clause
that the land may be repossessed by the department when needed for aeronautics
purposes upon giving the tenant temporarily occupying the same not less than
thirty days' notice in writing of intention to repossess.
(b) Except as otherwise provided in this
section, in each case mentioned in subsection (a)(1), (2), (3), and (4), the
department may establish the terms and conditions of the contract, lease,
license, or other arrangement, and may fix the charges, rentals, or fees for
the privileges, services, or things granted, conferred, or made available, for
the purpose of meeting the expenditures of the statewide system of airports set
forth in section 261-5(a), which includes expenditures for capital improvement
projects approved by the legislature. Such charges shall be reasonable and
uniform for the same class of privilege, service, or thing.
(c) The department shall enter into a contract
with no more than one person ("contractor") for the sale and delivery
of in-bond merchandise at Honolulu International Airport, in the manner
provided by law. The contract shall confer the right to operate and maintain
commercial facilities within the airport for the sale of in-bond merchandise
and the right to deliver to the airport in-bond merchandise for sale to
departing foreign-bound passengers.
The department shall grant the contract
pursuant to the laws of this State and may take into consideration:
(1) The payment to be made on in-bond merchandise
sold at Honolulu International Airport and on in-bond merchandise displayed or
sold elsewhere in the State and delivered to the airport;
(2) The ability of the applicant to comply with all
federal and state rules and regulations concerning the sale and delivery of
in-bond merchandise; and
(3) The reputation, experience, and financial
capability of the applicant.
The department shall actively supervise the
operation of the contractor to ensure its effectiveness. The department shall
develop and implement such guidelines as it may find necessary and proper to
actively supervise the operations of the contractor, and shall include
guidelines relating to the department's review of the reasonableness of
contractor's price schedules, quality of merchandise, merchandise assortment,
operations, and service to customers.
Apart from the contract described in this
subsection, the department shall confer no right upon nor suffer nor allow any
person to offer to sell, sell, or deliver in-bond merchandise at Honolulu International
Airport; provided that this section shall not prohibit the delivery of in-bond
merchandise as cargo to the Honolulu International Airport.
(d) The department, by contract, lease, or
other arrangement, upon a consideration fixed by it, may grant to any qualified
person the privilege of operating, as agent of the State or otherwise, any
airport owned or controlled by the department; provided that no such person
shall be granted any authority to operate the airport other than as a public
airport or to enter into any contracts, leases, or other arrangements in
connection with the operation of the airport which the department might not
have undertaken under subsection (a).
(e) The department may fix and regulate, from
time to time, reasonable landing fees for aircraft, including the imposition of
landing surcharges or differential landing fees, and other reasonable charges
for the use and enjoyment of the airports and the services and facilities
furnished by the department in connection therewith, including the
establishment of a statewide system of airports landing fees, a statewide
system of airports support charges, and joint use charges for the use of space
shared by users, which fees and charges may vary among different classes of
users such as foreign carriers, domestic carriers, inter-island carriers, air
taxi operators, helicopters, and such other classes as may be determined by the
director, for the purpose of meeting the expenditures of the statewide system
of airports set forth in section 261-5(a), which includes expenditures for
capital improvement projects approved by the legislature.
In setting airports rates and charges,
including landing fees, the director may enter into contracts, leases,
licenses, and other agreements with aeronautical users of the statewide system
of airports containing such terms, conditions, and provisions as the director
deems advisable.
If the director has not entered into contracts,
leases, licenses, and other agreements with any or fewer than all of the aeronautical
users of the statewide system of airports prior to the expiration of an
existing contract, lease, license, or agreement, the director shall set and
impose rates, rentals, fees, and charges pursuant to this subsection without
regard to the requirements of chapter 91; provided that a public informational
hearing shall be held on the rates, rentals, fees, and charges.
The director shall develop rates, rentals,
fees, and charges in accordance with a residual methodology so that the
statewide system of airports shall be, and always remain, self-sustaining. The
rates, rentals, fees, and charges shall be set at such levels as to produce
revenues which, together with aviation fuel taxes, shall be at least sufficient
to meet the expenditures of the statewide system of airports set forth in
section 261-5(a), including expenditures for capital improvement projects
approved by the legislature, and to comply with covenants and agreements with
holders of airport revenue bonds.
The director may develop and formulate
methodology in setting the various rates, rentals, fees, and charges imposed
and may determine usage of space, estimate landed weights, and apply such
portion of nonaeronautical revenue deemed appropriate in determining the rates,
rentals, fees, and charges applicable to aeronautical users of the statewide
system of airports.
The rates, rentals, fees, and charges
determined by the director in the manner set forth in this subsection shall be
those charges payable by the aeronautical users for the periods immediately
following the date of expiration of the existing contract, lease, license, or
agreement. If fees are established pursuant to this section, the department
shall prepare a detailed report on the circumstances and rates and charges that
have been established, and shall submit the report to the legislature no later
than twenty days prior to the convening of the next regular session.
If a schedule of rates, rentals, fees, and
charges developed by the director in accordance with this section is projected
by the department to produce revenues which, together with aviation fuel taxes,
will be in excess of the amount required to meet the expenditures of the
statewide system of airports set forth in section 261-5(a), including
expenditures for capital improvement projects approved by the legislature, and
to comply with covenants and agreements with holders of airport revenue bonds,
the department shall submit the schedule of rates, rentals, fees, and charges
to the legislature prior to the convening of the next regular session of the
legislature. Within forty-five days after the convening of the regular
session, the legislature may disapprove any schedule of rates, rentals, fees,
and charges required to be submitted to it by this section by concurrent
resolution. If no action is taken by the legislature within the forty-five-day
period the schedule of rates, rentals, fees, and charges shall be deemed
approved. If the legislature disapproves the schedule within the
forty-five-day period, the director shall develop a new schedule of rates,
rentals, fees, and charges in accordance with this section within seventy-five
days of the disapproval. Pending the development of a new schedule of rates,
rentals, fees, and charges, the schedule submitted to the legislature shall
remain in force and effect.
Notwithstanding any other provision of law to
the contrary, the department may waive landing fees and other aircraft charges
established under this section at any airport owned or controlled by the State
whenever:
(1) The governor declares a state of emergency; and
(2) The department determines that the waiver of
landing fees and other charges for the aircraft is consistent with assisting in
the delivery of humanitarian relief to disaster-stricken areas of the State.
(f) To enforce the payment of any charges for
repairs or improvements to, or storage or care of any personal property made or
furnished by the department or its agent in connection with the operation of an
airport or air navigation facility owned or operated by the department, the
department shall have liens on the property, which shall be enforceable by it
as provided by sections 507-18 to 507-22.
(g) The department from time to time may
establish developmental rates for buildings and land areas used exclusively for
general aviation activities at rates not less than fifty per cent of the fair
market rentals of the buildings and land areas and may restrict the extent of
buildings and land areas to be used.
(h) Notwithstanding any laws to the contrary,
the department may establish, levy, assess, and collect rental motor vehicle
customer facility charges, which shall be paid to the department periodically
as determined by the department. These charges shall be used to pay for, or
finance on a long-term basis where appropriate, the design, planning,
construction, and other uses of the rental motor vehicle customer facility
charges as set forth by the rental motor vehicle customer facility charge
special fund in section 261-5.6.
The rental motor vehicle customer facility
charges shall be levied, assessed, and collected from all rental motor vehicle
customers who benefit from the use of any type of rental motor vehicle facility
or service provided by the department at a state airport.
All rental motor vehicle
customer facility charges shall be collected by lessors as defined in section
437D-3 and who operate a car rental concession awarded by the department at a
state airport; provided that customers of lessors, as defined in section
437D-3, who do not operate a car rental concession at a state airport but whose
customers benefit from the use of a car rental facility or service at a state
airport paid for by rental motor vehicle customer facility charges, shall
collect from such car rental customers, rental motor vehicle customer facility
charges in an amount determined by the department that represents a fair share
of the cost and ongoing expenses relating to customer use of such a facility or
service. All rental motor vehicle customer facility charges collected by such
lessor shall be paid to the department.
Notwithstanding any law to the contrary, the
department may contract the management, maintenance, and operations of the
facility and related services with airport concessions or their designee that
share in the use of a rental motor vehicle customer facility at a state
airport. [L 1947, c 32, pt of §1; am L 1949, c 374, §1; am L 1953, JR 14, §1;
RL 1955, §15-12; am L Sp 1959 2d, c 1, §26; am L 1962, c 24, §§4, 5; HRS
§261-7; am L 1968, c 20, §§3, 4; am L 1972, c 14, §1; am L 1976, c 235, §2; am
L 1981, c 243, §2; am L 1982, c 90, §2; am L 1986, c 339, §24; am L 1994, c 62,
§1; am L 1995, c 99, §1; am L 2008, c 226, §7]
Note
Additional $1 per day rental motor vehicle customer facility
charge. L 2008, c 226, §9.
Case Notes
Provides department with implied authority to enter into
exclusive lease at airport. 745 F.2d 1281.
No appeal lies under §261-13(c) from a grant of airport
concession to another pursuant to subsection (a)(2). 47 H. 495, 393 P.2d 87.