Bill Text: HI SB620 | 2024 | Regular Session | Introduced
Bill Title: Relating To Public Lands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB620 Detail]
Download: Hawaii-2024-SB620-Introduced.html
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THE SENATE |
S.B. NO. |
620 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Article XI, section 1 of the state constitution provides that "[f]or the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals, and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people". The legislature believes that all public lands should be managed in the spirit of malama aina.
The legislature further finds that the United States military's use of public land has been inconsistent with the principle of malama aina. The legacy of Kahoolawe, Waikane, Makua, and Pohakuloa are tragic. On Kahoolawe, the United States Navy failed to clear unexploded ordnance. Regarding Makua, a federal court concluded that the United States Army "failed to use good faith efforts to develop a plan and secure funding for clearing [unexploded ordnance] from the high priority sites that the Army was supposed to identify" pursuant to a settlement agreement. According to a state circuit court, portions of state land at Pohakuloa are heavily contaminated on the surface with material that potentially presents an explosive hazard and creates a significant danger to public health and welfare.
The legislature also finds that the United State military's sixty-five year leases of certain state lands are due to expire soon and believes it is time to return those lands to the people of Hawaii.
Accordingly, the purpose of this part is to prohibit any land disposition to the United States military that allows for or facilitates any military training activities.
SECTION 2. Section 171-33, Hawaii Revised Statutes, is amended to read as follows:
"§171-33 Planning;
generally.
(a) Prior to any notice of
intended disposition, the board of land and natural resources shall:
(1) Classify the land according to its use or uses
as provided in this chapter;
(2) Determine the specific use or uses for which
the disposition is intended;
(3) Parcel land into units of minimum size areas
related to the intended specific use or uses and sufficient for an economic
operation, hereinafter called an "economic unit";
(4) Determine the requirements for the
construction of building or other improvements, which are necessary or
desirable to encourage the highest use of the land;
(5) Determine the upset price or lease rental,
based upon the fair market value of the land employed to the specific use or
uses for which the disposition is being made, with due consideration for all of
the terms and conditions of the disposition;
(6) Determine the necessary conditions of
disposition which will discourage speculation;
(7) In the case of leases, determine the minimum
tenure necessary to support the intended use or uses and the necessity for
periodic rent openings in long-term leases to assure the State a fair return;
(8) Prepare the proposed documents and make them
available for public inspection; and
(9) Determine, two years before the expiration of
the term of any lease, whether the premises are to be demised for the same use
or uses under a new lease or whether all or any part thereof is to be reserved
for other use or uses and then promptly notify the lessee of the determination.
(b) Effective July 1, 2023, the board of land and natural resources shall not approve any land disposition or renew any land disposition to the United States military that allows for or facilitates any military training activities on the subject lands."
SECTION 3. Section 171-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A lease of public land may be disposed of
through negotiation upon a finding by the board of land and natural resources
that the public interest demands it.
Where the public land is being sought under this section by a sugar or
pineapple company, and the company is the owner or operator of a mill or
cannery, then, for the purposes of this section, the economic unit shall be
that acreage of public land which when taken together with the lands already
owned or controlled or available to the company, when cultivated is found by
the board to be necessary for the company's optimum mill or cannery
operation. In all other cases, public
land to be sold under this section shall be an economic unit as provided in
section [171-33(3).] 171-33(a)(3).
After
a determination is made to negotiate the disposition of a lease, the board shall:
(1) Give public notice as in public auction, in
accordance with the procedure set forth in section 171-16(a), of its intention
to lease public land through negotiation setting forth the minimum conditions
thereunder, the use for which the public land will be leased. Any person interested in securing the lease
shall file an application with the board not later than forty-five days after
the first publication of the notice;
(2) Establish reasonable criteria for the
selection of the lessee; provided that where the intended use of the land is
agriculture, the department of agriculture shall establish the criteria; and
(3) Determine the applicants who meet the criteria
for selection set by the board or the department of agriculture, as the case
may be, and notify all applicants of its determination. Any applicant may examine the basis of the
determination, which shall be in writing, to ascertain whether or not the
conditions and criteria established by the board or the department of
agriculture were followed; provided that if any applicant does not notify the
board of the applicant's objections, and the grounds therefor, in writing,
within twenty days of the receipt of the notice, the applicant shall be barred
from proceeding to seek legal remedy for any alleged failure of the board to
follow the conditions and criteria.
If
only one applicant meets the criteria for selection of the lessee, the board
may, after notice as provided in (3), above, dispose of the lease by
negotiation.
If
two or more applicants meet the criteria for the selection of the lessee, the
board shall select the lessee who submits the highest offer contained in a
sealed bid deposited with the board."
PART II
SECTION 4. The legislature finds that the State is the custodian of Hawaii's lands and, when leasing lands, acts as a landlord. Landlords commonly establish rules for their tenants to protect the integrity and condition of the leased property. When leasing public lands, it is within the State's authority to insist that its lessees protect the State's environment and natural resources and refrain from actions that threaten the health and safety of the State's residents.
Accordingly, the purpose of this part is to
require that any lease or lease extension between the State and the United
States Department of Defense or branches of the United States military include
certain provisions, including an acknowledgement that the State retains
authority over all environmental matters within its jurisdiction.
SECTION 5. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
LEASES
OF PUBLIC LANDS by the united states military
§ -1 Lease provisions. (a) Any lease of public lands, or any extension of any lease of public lands issued by the State to the United States Department of Defense or any branch of the United States military that occurs prior to July 1, 2024, shall include provisions acknowledging that the State and its political subdivisions shall retain authority over all environmental matters within the State's jurisdiction with regard to the subject public lands, including any military facilities constructed on the lands.
(b) The lease or lease extension shall also include provisions recognizing the State's authority over, and right to intervene in, all matters affecting the health and safety of the State's residents.
(c) The lease or lease extension shall expressly provide that violation of state or federal environmental law, or any law, rule, or order on a matter affecting the health and safety of the State's residents, shall be grounds for terminating the lease.
§ -2 Leases
and lease extensions. No lease of
public lands, or any extension of any lease of public lands that occurs after
the effective date of this Act, shall be issued by the State to the United
States Department of Defense or any branch of the United States
military if the department or branch is noncompliant with any order, consent
decree, or memoranda of agreement requiring the department or branch to perform
environmental maintenance or remediation activities with regard to the subject
public lands or any law, rule, or order on a matter affecting the health and safety
of the State's residents."
PART
III
SECTION 6. (a) The board of land and natural resources shall submit a request to the United States Department of Defense to add the requirements set forth in section 5 of this Act to all current leases of state public lands issued to the United States Department of Defense or any branch of the United States military. The request shall also include an alternative option that the United States Department of Defense or the applicable branch of the United States military agree to remove all hazards from the leased lands and conduct other remediation and restoration services necessary to make those lands suitable for agriculture, residential use, and human habitation before the end of the lease term.
(b)
The board of land and natural resources
shall submit reports to the legislature no later than twenty days prior to the
convening of the 2023 and 2024 regular sessions on the status of the request
and any related negotiations.
PART IV
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.
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INTRODUCED BY: |
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Report Title:
DOD; DLNR; United States Military; Leases; Lease Extensions; Prohibitions; Public Lands
Description:
Prohibits the Department of Land and Natural Resources from approving any land disposition to the United States military that allows for or facilitates any military training activities on the subject lands. Requires that any lease or lease extension between the State and the US Department of Defense or branches of the US military include certain provisions, including an acknowledgement that the State retains authority over all environmental matters within its jurisdiction. Provides that violation of state or federal environmental law, or any law, rule, or order on a matter affecting the health and safety of the State's residents, shall be grounds for terminating the lease. Prohibits the State from leasing public lands to or extending the lease of the US Department of Defense or any branch of the US military if the department or branch is noncompliant with any environmental order, consent decree, or memoranda of agreement, or any law, rule, or order on a matter affecting residents' health and safety. Requires Department of Land and Natural Resources to request that the military agree to remediation of existing leased lands prior to the end of the lease term.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
