RELATING TO STATE BOATING FACILITIES.

HB210

HOUSE OF REPRESENTATIVES

H.B. NO.

210

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to state boating facilities
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1
.
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The legislature finds that the
division of boating and ocean recreation (DOBOR) of the department of land and
natural resources is tasked with thirteen statutory mandates primarily relating
to the operation and management of state small boat harbors and the
administration of the ocean recreation management program.
�
However, the legislature recognizes that, due
to statutory limitations, DOBOR has been unable to fulfill its statutory
mandate of administering the ocean recreation management program, and instead has
disproportionately devoted almost all of its staff and resources to the
operation and management of the sixteen state small boat harbors and numerous
boat launch ramp facilities throughout the State.

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The
legislature notes that, historically, DOBOR has not received adequate staff or
funding to meet all of its statutory mandates and that the state small boat
harbor program is severely underfunded.
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Due to inflation and increased construction costs, DOBOR has approximately
$1,100,000,000 in deferred maintenance costs as of 2024.
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With an annual operational budget of roughly
$30,000,000, DOBOR is unable to address its deferred maintenance backlog,
leaving facilities in a state of disrepair while DOBOR awaits capital
improvement project funding from the legislature.

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The
legislature further finds that it is nearly impossible to quantify how
underfunded the ocean recreation management program is because ocean recreation
activities are widespread throughout the ocean waters of the State.
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Furthermore, DOBOR has not been able to
adequately administer the ocean recreation management program for the reasons
stated, resulting in increased user conflicts, ocean safety concerns, and
illegal commercial ocean activities.

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The
legislature also finds that the Ala Wai small boat harbor is the "gateway
to Waikiki" and possesses significant potential to provide a positive and
memorable welcome to residents and visitors alike as they enter Waikiki, as
well as a community space for gatherings and recreational activities.
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Engaging in alternate management options for
state small boat harbors, namely public-private partnerships for management of
small boat harbor operations, would improve small boat harbor conditions,
create a more inviting atmosphere for all users, and enable DOBOR to better devote
its staff, time, and resources to the administration of the ocean recreation
management program.

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A
prime example of a state-owned harbor under private management is the Kewalo
basin harbor under the Hawaii community development authority, which is leased
to Howard Hughes Holdings, Inc., and managed by Almar Marinas.
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The public-private partnership at Kewalo
basin harbor has resulted in timely repairs and maintenance, as well as a
regular staff presence to monitor harbor activities and assist users.

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Accordingly,
the purpose of this Act is to:

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(1)
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Establish
a state boating facility lease program within the department of land and
natural resources to be implemented and administered by DOBOR for the Ala Wai
small boat harbor on Oahu; and

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(2)
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Allow
the board of land and natural resources to lease the Ala Wai small boat harbor
in its entirety, including fast lands and submerged lands within it, by public
auction, request for proposals, or direct negotiation for private development,
management, and operation.

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SECTION

2
.
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Chapter 200,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

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"
�200-
�
State boating facility lease program;
established.
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(a)
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There is established within the department a
state boating facility lease program to be implemented and administered by the
division of boating and ocean recreation.

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(b)
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The board may lease Ala Wai small boat harbor
in its entirety, including fast lands and submerged lands within it boundaries,
by public auction, request for proposals, or direct negotiation for private
development, management, and operation; provided that a lease entered into pursuant
to this section shall expire on or before June 30, 2045.

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(c)
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The state boating facility lease program
shall be exempt from the prior legislative authorization required by sections
171-53(c) and 171-60(a).

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(d)
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The department shall submit a report of its
findings and recommendations, including any proposed legislation, and advise
whether the state boating facility lease program should be continued, modified,
or terminated, to the legislature no later than twenty days prior to the
convening of each regular session.
"

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SECTION

3
.
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Section
200-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

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"(a)

�
Notwithstanding any law to the contrary,
the board may lease fast lands and submerged lands within [
an
]
any

existing state boating facility
,
by public auction, a request for
proposals, or by direct negotiation pursuant to section 171‑59 and
chapter 190D, for private development, management, and operation[
; provided
that any lease of fast lands or submerged lands pursuant to a request for
proposals shall be subject to section 200-2.6, regardless to which state
boating facility the fast or submerged lands are attached
].

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As
used in this section, the term "state boating facility" means a state
small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or
any other area under the jurisdiction of the department pursuant to this
chapter."

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SECTION

4
.
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Section
200-2.6, Hawaii Revised Statutes, is repealed.

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["
[
�200-2.6]
�
Ala Wai boat harbor; leases.
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The fast lands and submerged lands of the Ala
Wai boat harbor that may be leased include the following:

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(1)
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All fast lands and submerged lands
described in the request for qualifications or request for proposals issued by
the division of boating and ocean recreation of the department on November 25,
2008;

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(2)
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The fast land described as a portion
of tax map key:
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(1) 2-3-37-12, composed
of approximately 112,580 square feet, presently used for harbor offices and
permitted vehicular parking; and

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(3)
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The fast land described as a portion
of tax map key:
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(1) 2-3-37-12, which is
a triangular area located Diamond Head of Mole B, presently used for permitted
vehicular parking.
"]

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SECTION 5.
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All employees of the division of boating and ocean recreation of the
department of land and natural resources who occupy civil service positions and
whose functions are replaced as a result of this Act shall retain their civil
service status, whether permanent or temporary.
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Employees shall be reassigned within the division of boating and ocean
recreation without loss of salary, seniority (except as prescribed by
applicable collective bargaining agreements), retention points, prior service
credit, any vacation and sick leave credits previously earned, and other
rights, benefits, and privileges in accordance with state personnel laws;
provided that subsequent changes in status may be made pursuant to applicable
civil service and compensation laws.

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SECTION 6.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 7.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 8.
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This Act shall take effect upon its approval; provided that section 200- ,
Hawaii Revised Statutes, shall be repealed on June 30, 2045.

INTRODUCED BY:

_____________________________

Report Title:

BLNR;
DLNR; DOBOR; State Boating Facility Lease Program; Ala Wai Small Boat Harbor;
State Boating Facilities; Reports

Description:

Establishes
a State Boating Facility Lease Program within the Division of Boating and Ocean
Recreation of the Department of Land and Natural Resources to be administered
by DOBOR.
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Authorizes the Board of Land
and Natural to lease Ala Wai Small Boat Harbor for private development,
management, maintenance, and operation.
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Repeals provisions relating to the leasing of fast lands and submerged
lands of Ala Wai Boat Harbor.
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Requires
annual reports to the Legislature.
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Repeals
the State Boating Facility Lease Program on 6/30/2045.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.