§266-17  Rates, how fixed.  (a)  Thedepartment of transportation shall adjust, fix, and enforce the ratesassessable and chargeable by it in respect to dockage, wharfage, demurrage, andother rates and fees pertaining to harbors, wharves, and properties managed andoperated by it so as to produce from the rates and fees, in respect to allharbors, wharves, and other properties, except those that are principally usedfor recreation or the landing of fish, revenues sufficient to:

(1)  Pay when due the principal of and interest on allbonds and other obligations for the payment of which the revenue is or has beenpledged, charged, or otherwise encumbered, or which are otherwise payable fromthe revenue or from a special fund maintained or to be maintained from therevenue, including reserves therefor, and to maintain the special fund in anamount at least sufficient to pay when due all bonds or other revenueobligations and interest thereon, which are payable from the special fund,including reserves therefor;

(2)  Provide for all expenses of operation andmaintenance of the properties, including reserves therefor, and the expenses ofthe department in connection with operation and maintenance; and

(3)  Reimburse the general fund of the State for allbond requirements for general obligation bonds which are or have been issuedfor harbor or wharf improvements, or to refund any of the improvement bonds,excluding bonds, the proceeds of which were or are to be expended forimprovements which are or will be neither revenue producing nor connected intheir use directly with revenue producing properties.

(b)  When weather, road closures due to specialevents, or road repairs do not permit the loading or unloading of passengers atKewalo Basin, cruise boats holding a Kewalo Basin sublease approved by theState shall be allowed to use Honolulu Harbor facilities on a space availablebasis, and the fees for the use of facilities shall be in accordance with theHawaii administrative rules of the department of transportation relating tofees for use of facilities for private gain. [L 1931, JR 1; RL 1935, §1742; amL 1935, c 133, §1; RL 1945, §4996; am L 1947, c 72, §1; am L 1951, c 239, §1;RL 1955, §112-18; am L 1959, c 265, §15(a); am L Sp 1959 2d, c 1, §§14, 26; amL 1963, c 114, §1; am L 1967, c 221, §5; HRS §266-17; am L 1972, c 136, §1 andc 180, §3; am L 1976, c 221, §5; am L 1998, c 114, §1]