SB 2367: BLNR; DLNR; State Boating Facility Lease; Ala Wai Small Boat Harbor; Reports

A BILL FOR AN ACT

RELATING TO STATE BOATING FACILITIES.

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

     SECTION 1.  The legislature finds that the division of boating and ocean recreation 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 program.  However, the legislature recognizes that, due to statutory limitations, the division has been unable to meet its statutory mandate of administering the ocean recreation management program and has disproportionately devoted almost all of its staff and resources to the operation and management of the sixteen state small boat harbors, which include more than two thousand slips and numerous boat launch ramp facilities throughout the State, leaving very few resources available for major statutory responsibilities of regulating and managing ocean recreation.

     The legislature notes that the division has historically been severely underfunded, understaffed, and unable to meet its statutory mandates to manage and maintain the sixteen small boat harbors.  Due to inflation and increased construction costs, the division had approximately $1,100,000,000 in deferred maintenance costs as of 2024.  With an annual operational budget of roughly $30,000,000, the division is unable to address this deferred maintenance backlog, leaving facilities in disrepair while awaiting capital improvement project funding from the legislature.

     The legislature further finds that it is nearly impossible to quantify ocean recreation management program underfunding because ocean recreation activities are widespread throughout the ocean waters of the State.  Furthermore, the division 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.

     The legislature also finds that the Ala Wai small boat harbor is the "gateway to Waikiki". The harbor has significant potential to provide a positive and memorable welcome to residents and visitors as they enter Waikiki and to be a community space for gatherings and recreational activities, as envisioned by decades of community planning and summarized most recently in the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report (2022 UH Report).  Engaging in alternative management options for state small boat harbors, namely public‑private partnerships for management of small boat harbor operations, while preserving the jobs of public employees working in the area, could improve small boat harbor conditions, create a more inviting atmosphere for all users, and enable the division to better devote its time and resources to the administration of the ocean recreation management program.

     However, the legislature also finds that it is important to ensure safe and meaningful public access and parking for residents and visitors heading to the shoreline for relaxation and recreation, including to a boat ramp.  It is likewise critical to ensure safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks, and creating a place appropriate and aesthetically appropriate gateway to Waikiki, as envisioned by the 2022 UH Report. 

     The legislature further finds that 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.  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, enhancing public access to a more enjoyable space.

     Accordingly, the purpose of this Act is to:

     (1)  Allow the board of land and natural resources to lease the management of the remaining portion of Ala Wai small boat harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that public employees at Ala Wai small boat harbor are retained; and

     (2)  Develop and implement a project to improve those portions of Ala Wai small boat harbor that provide for public space and access to the shoreline, including public parking and multimodal access, extending the lei of parks and creating a place- and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 UH Report.

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

     "§200-     State boating facility lease; authorized.  (a)  Upon completion of boundary amendments that segregate the portion of Ala Wai small boat harbor to be improved pursuant to section 5, Act     , Session Laws of Hawaii 2026, the board may lease the remaining portion of Ala Wai small boat harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that any lease entered into pursuant to this section shall expire on or before June 30, 2046.

     (b)  The state boating facility lease made pursuant to subsection (a) shall be exempt from the notice and legislative authorization requirements of sections 171-53(c) and 171-60 (a).

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

     (d)  For the purposes of this section, "state boating facility" has the same meaning as defined in section 200-2.5."

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

     "(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].

     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."

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

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

     (1)  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;

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

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

     SECTION 5.  The department of land and natural resources shall develop and implement a project to improve those portions of Ala Wai small boat harbor that provide for public space and access to the shoreline, which shall include the site known as "Parcel A" and the areas immediately along the length of Holomoana street from Ala Moana boulevard to Kahanamoku street, including the lot known as "Parcel D" and the Ala Moana Bowls parking lot, as identified in the 2022 UH Report.  The project shall ensure meaningful public parking within and nearest to the Ala Moana Bowls parking lot and provide for cohesive, safe, and comfortable multimodal access along a promenade connecting Ala Moana beach park to Waikiki beach, extending the lei of parks and creating a place- and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 UH Report.

     SECTION 6.  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.  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.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval; provided that section 200-   , Hawaii Revised Statutes, shall be repealed on June 30, 2046.

Report Title:

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

Description:

Requires the Department of Land and Natural Resources to develop and implement a project to improve portions of Ala Wai Small Boat Harbor while ensuring public access, as envisioned by the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.  Authorizes the Board of Land and Natural Resources to lease the remaining portion of Ala Wai Small Boat Harbor; provided that the lease shall expire on or before 6/30/2046.  Repeals provisions relating to the leasing of certain fast and submerged lands of Ala Wai Small Boat Harbor.  Requires annual reports to the Legislature.  (CD1)

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

A BILL FOR AN ACT

RELATING TO STATE BOATING FACILITIES.

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

     SECTION 1.  The legislature finds that the division of boating and ocean recreation of the department of land and natural resources is responsible for the operation and management of state small boat harbors.  The legislature further finds that the Ala Wai small boat harbor is sometimes viewed as a "gateway to Waikiki".  The Ala Wai small boat harbor holds significant potential to provide a positive and memorable welcome to residents and visitors as they enter Waikiki and to serve as a community space for gatherings and recreational activities.

     However, the legislature also finds that it is important to ensure safe and meaningful public access for residents and visitors heading to the shoreline for relaxation and recreation.

     The legislature additionally finds that in developing a master plan for state small boat harbors, including the Ala Wai small boat harbor, the department of land and natural resources should make a concerted effort to seek public input and feedback regarding these important ocean resources.

     Accordingly, the purpose of this Act is to require the department of land and natural resources to:

     (1)  Hold open public meetings before and as it develops a master plan regarding state small boat harbors, including the Ala Wai small boat harbor;

     (2)  Develop a finalized master plan for state small boat harbors, including the Ala Wai small boat harbor; and

     (3)  Consider the phased development of state small boat harbors, including the Ala Wai small boat harbor.

     SECTION 2.  (a)  The department of land and natural resources shall:

     (1)  Hold open public meetings before and as it develops a master plan regarding state small boat harbors, including the Ala Wai small boat harbor;

     (2)  Finalize the master plan for state small boat harbors, including the Ala Wai small boat harbor; and

     (3)  Consider the phased development of state small boat harbors, including the Ala Wai small boat harbor.

     (b)  In developing the final master plan pursuant to subsection (a)(2), the department of land and natural resources may, but shall not be required to, consider the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.

     (c)  Any lease executed pursuant to this Act shall include terms to preserve continued access for sea scout units and other qualifying nonprofit youth maritime education programs.  The lessee:

     (1)  Shall provide a reasonable number of slips or moorings, subject to availability, at no charge pursuant to section 200-7, Hawaii Revised Statutes; and

     (2)  Shall not impose additional fees inconsistent with this section.

The board of land and natural resources shall ensure that the requirements of this section are included in any lease agreement or management contract.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Land and Natural Resources; State Small Boat Harbors; Ala Wai Small Boat Harbor; Master Plan

Description:

Requires the Department of Land and Natural Resources to:  (1) Hold open public meetings before and as it develops a master plan regarding state small boat harbors, including the Ala Wai Small Boat Harbor; (2) Finalize the master plan for state small boat harbors, including the Ala Wai Small Boat Harbor; and (3) Consider the phased development of state small boat harbors, including the Ala Wai Small Boat Harbor.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO STATE BOATING FACILITIES.

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

     SECTION 1.  The legislature finds that the division of boating and ocean recreation of the department of land and natural resources is responsible for the operation and management of state small boat harbors.  The legislature further finds that the Ala Wai small boat harbor is sometimes viewed as a "gateway to Waikiki".  The Ala Wai small boat harbor holds significant potential to provide a positive and memorable welcome to residents and visitors as they enter Waikiki and to serve as a community space for gatherings and recreational activities.

     However, the legislature also finds that it is important to ensure safe and meaningful public access for residents and visitors heading to the shoreline for relaxation and recreation.

     The legislature additionally finds that in developing a master plan for state small boat harbors, including the Ala Wai small boat harbor, the department of land and natural resources should make a concerted effort to seek public input and feedback regarding these important ocean resources.

     Accordingly, the purpose of this Act is to require the department of land and natural resources to:

     (1)  Hold open public meetings before and as it develops a master plan regarding state small boat harbors, including the Ala Wai small boat harbor;

     (2)  Develop a finalized master plan for state small boat harbors, including the Ala Wai small boat harbor; and

     (3)  Consider the phased development of state small boat harbors, including the Ala Wai small boat harbor.

     SECTION 2.  (a)  The department of land and natural resources shall:

     (1)  Hold open public meetings before and as it develops a master plan regarding state small boat harbors, including the Ala Wai small boat harbor;

     (2)  Finalize the master plan for state small boat harbors, including the Ala Wai small boat harbor; and

     (3)  Consider the phased development of state small boat harbors, including the Ala Wai small boat harbor.

     (b)  In developing the final master plan pursuant to subsection (a)(2), the department of land and natural resources may, but shall not be required to, consider the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Land and Natural Resources; State Small Boat Harbors; Ala Wai Small Boat Harbor; Master Plan

Description:

Requires the Department of Land and Natural Resources to:  (1) Hold open public meetings before and as it develops a master plan regarding state small boat harbors, including the Ala Wai Small Boat Harbor; (2) Finalize the master plan for state small boat harbors, including the Ala Wai Small Boat Harbor; and (3) Consider the phased development of state small boat harbors, including the Ala Wai Small Boat Harbor.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO STATE BOATING FACILITIES.

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

     SECTION 1.  The legislature finds that the division of boating and ocean recreation 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 program.  However, the legislature recognizes that, due to statutory limitations, the division has been unable to meet its statutory mandate of administering the ocean recreation management program and has disproportionately devoted almost all of its staff and resources to the operation and management of the sixteen state small boat harbors, which include more than two thousand slips and numerous boat launch ramp facilities throughout the State, leaving very few resources available for major statutory responsibilities of regulating and managing ocean recreation.

     The legislature notes that the division has historically been severely underfunded, understaffed, and unable to meet its statutory mandates to manage and maintain the sixteen small boat harbors.  Due to inflation and increased construction costs, the division had approximately $1,100,000,000 in deferred maintenance costs as of 2024.  With an annual operational budget of roughly $30,000,000, the division is unable to address this deferred maintenance backlog, leaving facilities in disrepair while awaiting capital improvement project funding from the legislature.

     The legislature further finds that it is nearly impossible to quantify ocean recreation management program underfunding because ocean recreation activities are widespread throughout the ocean waters of the State.  Furthermore, the division 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.

     The legislature also finds that the Ala Wai small boat harbor is the "gateway to Waikiki". The harbor has significant potential to provide a positive and memorable welcome to residents and visitors as they enter Waikiki and to be a community space for gatherings and recreational activities, as envisioned by decades of community planning and summarized most recently in the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report (2022 UH Report).  Engaging in alternative management options for state small boat harbors, namely public‑private partnerships for management of small boat harbor operations, while preserving the jobs of public employees working in the area, could improve small boat harbor conditions, create a more inviting atmosphere for all users, and enable the division to better devote its time and resources to the administration of the ocean recreation management program.

     However, the legislature also finds that it is important to ensure safe and meaningful public access and parking for residents and visitors heading to the shoreline for relaxation and recreation, including to a boat ramp.  It is likewise critical to ensure safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks, and creating a place appropriate and aesthetically appropriate gateway to Waikiki, as envisioned by the 2022 UH Report. 

     The legislature further finds that 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.  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, enhancing public access to a more enjoyable space.

     Accordingly, the purpose of this Act is to:

     (1)  Develop and implement a project to improve those portions of Ala Wai small boat harbor that provide for public access to the shoreline, including to a boat ramp, and safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks, and creating a place- and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 UH Report; and

     (2)  Allow the board of land and natural resources to lease the management of the remaining portion of Ala Wai small boat harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that public employees at Ala Wai small boat harbor are retained.

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

     "§200-     State boating facility lease; authorized.  (a)  Upon completion of boundary amendments that segregate the portion of Ala Wai small boat harbor to be improved pursuant to section 5, Act     , Session Laws of Hawaii 2026, the board may lease the remaining portion of Ala Wai small boat harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that any lease entered into pursuant to this section shall expire on or before June 30, 2046.

     (b)  The state boating facility lease made pursuant to subsection (a) shall be exempt from the notice and legislative authorization requirements of sections 171-53(c) and 171-60 (a).

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

     (d)  For the purposes of this section, "state boating facility" has the same meaning as defined in section 200-2.5."

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

     "(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].

     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."

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

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

     (1)  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;

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

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

     SECTION 5.  The department of land and natural resources shall develop and implement a project to improve those portions of Ala Wai small boat harbor that provide for public access to the shoreline, and to improve safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks and creating a place‑ and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.

     SECTION 6.  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.  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.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval; provided that section 200-   , Hawaii Revised Statutes, shall be repealed on June 30, 2046.

Report Title:

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

Description:

Requires the Department of Land and Natural Resources to develop and implement a project to improve portions of Ala Wai Small Boat Harbor, as envisioned by the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.  Authorizes the Board of Land and Natural Resources to lease the remaining portion of Ala Wai Small Boat Harbor; provided that the lease shall expire on or before 6/30/2046.  Repeals provisions relating to the leasing of certain fast and submerged lands of Ala Wai Small Boat Harbor.  Requires annual reports to the Legislature.  (SD2)

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

A BILL FOR AN ACT

RELATING TO STATE BOATING FACILITIES.

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

     SECTION 1.  The legislature finds that the division of boating and ocean recreation 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 program.  However, the legislature recognizes that, due to statutory limitations, the division has been unable to meet its statutory mandate of administering the ocean recreation management program and has disproportionately devoted almost all of its staff and resources to the operation and management of the sixteen state small boat harbors, which include more than two thousand slips and numerous boat launch ramp facilities throughout the State, leaving very few resources available for major statutory responsibilities of regulating and managing ocean recreation.

     The legislature notes that the division has historically been severely underfunded, understaffed, and unable to meet its statutory mandates to manage and maintain the sixteen small boat harbors.  Due to inflation and increased construction costs, the division had approximately $1,100,000,000 in deferred maintenance costs as of 2024.  With an annual operational budget of roughly $30,000,000, the division is unable to address this deferred maintenance backlog, leaving facilities in disrepair while awaiting capital improvement project funding from the legislature.

     The legislature further finds that it is nearly impossible to quantify ocean recreation management program underfunding because ocean recreation activities are widespread throughout the ocean waters of the State.  Furthermore, the division 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.

     The legislature also finds that the Ala Wai small boat harbor is the "gateway to Waikiki". The harbor has significant potential to provide a positive and memorable welcome to residents and visitors as they enter Waikiki and to be a community space for gatherings and recreational activities, as envisioned by decades of community planning and summarized most recently in the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report (2022 UH Report).  Engaging in alternative management options for state small boat harbors, namely public‑private partnerships for management of small boat harbor operations, while preserving the jobs of public employees working in the area, could improve small boat harbor conditions, create a more inviting atmosphere for all users, and enable the division to better devote its time and resources to the administration of the ocean recreation management program.

     However, the legislature also finds that it is important to ensure safe and meaningful public access and parking for residents and visitors heading to the shoreline for relaxation and recreation, including to a boat ramp.  It is likewise critical to ensure safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks, and creating a place appropriate and aesthetically appropriate gateway to Waikiki, as envisioned by the 2022 UH Report. 

     The legislature further finds that 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.  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, enhancing public access to a more enjoyable space.

     Accordingly, the purpose of this Act is to:

     (1)  Develop and implement a project to improve those portions of Ala Wai small boat harbor that provide for public access to the shoreline, including to a boat ramp, and safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks, and creating a place- and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 UH Report; and

     (2)  Allow the board of land and natural resources to lease the management of the remaining portion of Ala Wai small boat harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that public employees at Ala Wai small boat harbor are retained.

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

     "§200-    State boating facility lease; authorized.  (a)  Upon completion of boundary amendments that segregate the portion of Ala Wai small boat harbor to be improved pursuant to section 5, Act     , Session Laws of Hawaii 2026, the board may lease the remaining portion of Ala Wai small boat harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that any lease entered into pursuant to this section shall expire on or before June 30, 2046.

     (b)  The state boating facility lease made pursuant to subsection (a) shall be exempt from the notice and legislative authorization requirements of sections 171-53(c) and 171-60 (a).

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

     (d)  For the purposes of this section, "state boating facility" has the same meaning as defined in section 200-2.5."

     SECTION 3.  Section 200-2.6, Hawaii Revised Statutes, is repealed.

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

     (1)  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;

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

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

     SECTION 4.  The department of land and natural resources shall develop and implement a project to improve those portions of Ala Wai small boat harbor that provide for public access to the shoreline, and to improve safe and comfortable multimodal access across the shoreline between Ala Moana beach park and Waikiki beach, extending the lei of parks and creating a place‑ and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.

     SECTION 5.  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.  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.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the planning and design for improvements pursuant to section 5 of this Act.

     The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on January 28, 2081; provided that section 200-  , Hawaii Revised Statutes, shall be repealed on June 30, 2046.

Report Title:

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

Description:

Requires the Department of Land and Natural Resources to develop and implement a project to improve portions of Ala Wai Small Boat Harbor, as envisioned by the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report.  Authorizes the Board of Land and Natural Resources to lease the remaining portion of Ala Wai Small Boat Harbor; provided that the lease shall expire on or before 6/30/2046.  Repeals provisions relating to the leasing of certain fast and submerged lands of Ala Wai Small Boat Harbor.  Requires annual reports to the Legislature.  Effective 1/28/2081.  (SD1)

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

A BILL FOR AN ACT

RELATING TO STATE BOATING FACILITIES.

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

     SECTION 1.  The legislature finds that the division of boating and ocean recreation 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 program.  However, the legislature recognizes that, due to statutory limitations, the division has been unable to meet 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, which include more than two thousand slips and numerous boat launch ramp facilities throughout the State, leaving very few resources available for major statutory responsibilities of regulating and managing ocean recreation.

     The legislature notes that the division has historically been severely underfunded and with insufficient staff to meet its statutory mandates to manage and maintain the sixteen small boat harbors.  Due to inflation and increased construction costs, the division had approximately $1,100,000,000 in deferred maintenance costs as of 2024.  With an annual operational budget of roughly $30,000,000, the division is unable to address this deferred maintenance backlog, leaving facilities in disrepair while awaiting capital improvement project funding from the legislature.

     The legislature further finds that it is nearly impossible to quantify ocean recreation management program underfunding, because ocean recreation activities are widespread throughout the ocean waters of the State.  Furthermore, the division 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.

     The legislature also finds that the Ala Wai small boat harbor is the "gateway to Waikiki" and has significant potential to provide a positive and memorable welcome to residents and visitors as they enter Waikiki, and to be a community space for gatherings and recreational activities.  Engaging in alternative 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 the division to better devote its staff time and resources to the administration of the ocean recreation management program.

     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.  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, enhancing public access to a more enjoyable space.

     Accordingly, the purpose of this Act is to:

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

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

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

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

     (b)  The board may lease the management of the Ala Wai small boat harbor in its entirety, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that any lease entered into pursuant to this section shall expire on or before June 30, 2046.

     (c)  The state boating facility management lease program shall be exempt from the notice and legislative authorization requirements of sections 171-53(c) and 171-60 (a).

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

     (e)  As used in this section, "state boating facility" has the same meaning as in section 200-2.5."

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

     "(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].

     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."

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

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

     (1)  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;

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

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

     SECTION 5.  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.  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.

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

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

     SECTION 8.  This Act shall take effect upon its approval; provided that section 200-   , Hawaii Revised Statutes, shall be repealed on June 30, 2046.

Report Title:

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

Description:

Establishes the State Boating Facility Management Lease Program within the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources.  Authorizes the Board of Land and Natural Resources to lease management of the entire Ala Wai Small Boat Harbor.  Repeals provisions relating to the leasing of certain fast and submerged lands of Ala Wai Boat Harbor.  Requires annual reports to the Legislature.

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

STAND. COM. REP. NO. 2931

Honolulu, Hawaii

RE:     S.B. No. 2367

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2367, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO STATE BOATING FACILITIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to improve access to the shoreline from the Ala Wai Small Boat Harbor and optimize the management and use of the harbor by permitting an alternative management option for harbor operation.

     More specifically, this measure

     (1)  Requires the Department of Land and Natural Resources to develop and improve shoreline access from and to the Ala Wai Small Boat Harbor and surrounding areas; and

     (2)  Authorizes the Board of Land and Natural Resources to lease certain portions of the Ala Wai Small Boat Harbor.

     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources.

     Your Committee received written comments on this measure from THE MARITIME GROUP; Hawaii Government Employees Association; Scouting America, Aloha Council; and two individuals.

     Your Committee finds that the Department of Land and Natural Resources necessarily devotes disproportionate staff and resources to the operation and management of small boat harbors.  Alternative management options for small boat harbors will free up department staff and resources to address other department duties, such as administration of the Ocean Recreation Management Program.  This measure seeks to improve the use and conditions in and around the Ala Wai Small Boat Harbor by authorizing alternative management options and improving shoreline access.

     Your Committee has amended this measure by:

     (1)  Reinserting the amendments to section 200-2.5, Hawaii Revised Statutes, to delete the reference to section 200-2.6, Hawaii Revised Statutes, repealed by this measure;

     (2)  Deleting the appropriation made by this measure; and

     (3)  Changing the effective date so that the measure takes effect upon its approval.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2367, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2367, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 2682

Honolulu, Hawaii

RE:     S.B. No. 2367

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2367 entitled:

"A BILL FOR AN ACT RELATING TO STATE BOATING FACILITIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the State Boating Facility Management Lease Program within the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources;

     (2)  Authorize the Board of Land and Natural Resources to lease management of the entire Ala Wai Small Boat Harbor;

     (3)  Repeals provisions relating to the leasing of certain fast and submerged lands of Ala Wai Boat Harbor; and

     (4)  Require annual reports to the Legislature.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Almar Marina Management, Vida Mia, and one individual.

     Your Committee received testimony in opposition to this measure from the United Public Workers, AFSCME Local 646, AFL-CIO; and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

     Your Committee received comments on this measure from one individual.

     Your Committee finds that the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources has been unable to meet its statutory mandate of administering the Ocean Recreation Management Program, disproportionately devoting almost all of its staff and resources to the operation and management of the sixteen state small boat harbors instead.  To make matters worse, the Division remains severely underfunded, understaffed, and unable to address the deferred maintenance backlog of the small boat harbors under its jurisdiction.  Your Committee believes that engaging in alternative management options for the small boat harbors, namely public-private partnerships, would improve small boat harbor conditions, create a more inviting atmosphere for all users, and enable the Division to better devote its time and resources to the administration of the Ocean Recreation Management Program.  This measure will increase the public enjoyment and condition of the Ala Wai small boat harbor, relieve the administrative burdens of the Division, and restore administrative enforcement to safe and legal ocean activities.

     Your Committee acknowledges the concerns raised in testimony by the United Public Workers, AFSCME Local 646, AFL-CIO, and Hawaii Government Employees Association, AFSCME Local 152, AFL‑CIO, that the proposed privatization language is broad and that public-private partnerships initiated in consequence of the successful implementation of this measure will degrade the working rights of public workers and lead to job loss or displacement for their members who work at small boat harbors.  Amendments to this measure are therefore necessary to address these concerns.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that the title of the proposed new section of the Hawaii Revised Statutes refers to the authorization of a state boat facility lease, rather than the establishment of a State Boating Facility Management Lease Program;

     (2)  Deleting language that would have established within the Department of Land and Natural Resources a State Boating Facility Management Lease Program to be implemented and administered by the Division of Boating and Ocean Recreation;

     (3)  Clarifying that, upon completion of boundary amendments that segregate the portion of Ala Wai Small Boat Harbor to be improved pursuant to section 5 of this measure, the Board of Land and Natural Resources may lease the remaining portion of the Harbor, including fast lands and submerged lands within its boundaries, by public auction, request for proposals, or direct negotiation for private development, management, and operation; provided that any lease entered into pursuant to this section shall expire on or before June 30, 2046;

     (4)  Replacing "state boating facility management lease program" with "state boating facility lease" throughout this measure;

     (5)  Deleting language that would have authorized the Board of Land and Natural Resources to lease fast lands and submerged lands within any existing state boating facility, by public auction, a request for proposals, or by direct negotiation pursuant to section 171-59, Hawaii Revised Statutes, and chapter 190D, Hawaii Revised Statutes, for private deployment, management, and operation, without exceptions;

     (6)  Inserting language requiring the Department of Land and Natural Resources to develop and implement a project to improve those portions of Ala Wai Small Boat Harbor that provide for public access to the shoreline, and to improve safe and comfortable multimodal access across the shoreline between Ala Moana Beach Park and Waikiki Beach, extending the lei of parks and creating a place‑ and aesthetically-appropriate gateway to Waikiki, as envisioned by the 2022 University of Hawaii Community Design Center Ala Wai Small Boat Harbor Vision Report;

     (7)  Inserting a blank appropriation amount, to be expended by the Department of Land and Natural Resources for planning and designing of improvements pursuant to section 5 of this measure;

     (8)  Inserting additional legislative findings, and amending section 1 to reflect its amended purpose;

     (9)  Inserting an effective date of January 28, 2081, to encourage further discussion; and

    (10)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2367, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2367, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,