S.B. 1308 Summary

• Amends Hawaii Revised Statutes Section 102-10 to provide the Department of Transportation with broad discretion to grant relief to airport concessions experiencing significant hardship, including those affected by COVID-19.

• Expands relief options beyond rent modification to include entering new contracts, extending contract terms, permitting contract transfers or assumptions, allowing withdrawal without default, and granting other forms of relief.

• Defines "significant hardship" to include business volume reductions of 15% or more for 60+ days or 10% or more for 180+ days, construction delays exceeding 90 days, unexpected circumstances, unequal relief terms among concessionaires, and situations preventing cost amortization.

• Limits airport concession contract terms to a maximum of 20 years including any extensions and exempts airport concessions from chapter 171 compliance when it conflicts with this section's purpose.

• Effective upon approval; does not require any specific relief action but grants DOT discretionary authority to timely address airport concession hardships in a manner that is generally fair to all tenants.