|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1106 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO AERONAUTICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§261- Fines
levied by federal, state, or county agencies; reimbursement. Notwithstanding
any other law to the contrary, any commercial airport tenant or user, including
airport contractor, who violates federal, state, or county law or rule relating
to environmental protection or the United States Department of Homeland
Security, to include but not limited to the United States Coast Guard, the United
States Customs and Border Protection, and Transportation Security
Administration, and thereby causes a fine to be levied by an agency, shall
reimburse the department for the entire amount of the fine. The department may demand, collect, and
deposit any amount reimbursable under this section into the airport revenue
fund created by section 248-8 and may also demand, collect, and deposit
reimbursement for costs or expenses incurred by the department to enforce this
section.
§261- Private
financing of airport improvements. (a) Notwithstanding any law to the contrary, the
department may enter into a capital advancement contract with a private party
for any public improvement to or construction of airports belonging to or
controlled by the State, if the director determines that a capital advancement
contract promotes the best interest of the State by finding that:
(1) Private development is likely to be
less costly than any type of contract;
(2) Private development provides needed public improvements
or constructions on a significantly more timely basis; or
(3) Public financing for the public
improvements or constructions is not available on a timely basis.
(b) A capital advancement contract under
subsection (a) may be financed by legislative appropriation to reimburse the
private party or by credit against the private party's future
rental or tariff payments to the State; provided that the terms of the contract
shall ensure that the State benefits financially from the arrangement and that
public use of the facility is maintained; provided further that capital
advancement contracts under this section shall not be general obligations of
the State for which the full faith and credit of the department is pledged and
the legislature shall have no obligation to appropriate funds to reimburse a
private party to a capital advancement contract.
(c) A capital advancement contract under
subsection (a) shall be subject to the requirements of chapters 103 and 103D
and be subject to the approval of the department, provided that all related
transactions shall be subject to state audit.
(d) The department may execute capital
advancement contracts pursuant to subsection (a) with a total contract value of
$5,000,000 or less without legislative approval. If the total contract value of a capital
advancement contract pursuant to subsection (a) is greater than $5,000,000, the
department shall obtain legislative approval in the form of the adoption of a
concurrent resolution affirming the purpose, project, and contract issuance
prior to executing the capital advancement contract. The total aggregate value of all capital
advancement contracts entered into by the department pursuant to this section
shall not exceed $50,000,000 in any calendar year.
(e) For the purposes of this section:
"Capital advancement contract"
means an agreement between the department and a private party whereby the
private party agrees to furnish capital, labor, or materials for a public
improvement to or construction of airports belonging to or controlled by the
State and in return for which the private party may be reimbursed in a manner
to be determined by the department.
"Total contract value" includes
any contract extension, project redesign, add-ons, or any other occurrence,
act, or material cost that may increase the cost of the contracted project."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |
Report Title:
Department of Transportation; Airports; Reimbursement for Fines Levied; Private Financing of Airport Improvements or Constructions
Description:
Allows the Department of Transportation Airports Division (DOTA) to be reimbursed from any airport contractor, tenant, or user for the entire amount of fines and penalties levied for the violation of federal, state, or county laws related to environmental protection or the United States Department of Homeland Security. Allows the DOTA to enter into a capital advancement contract with a private party for certain public improvement or construction projects at Hawaii's airports.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.