Bill Text: HI SB916 | 2019 | Regular Session | Introduced

Hawaii Senate Bill 916 (Prior Session Legislation)

Introduced

Bill Title: Relating To The Disposition Of Public Lands.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2019-01-24 - Referred to WTL, WAM. [SB916 Detail]

Download: Hawaii-2019-SB916-Introduced.html

THE SENATE	S.B. NO.	916
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to the disposition of public lands.

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

SECTION 1. Article XI, section 1 of the Hawai�i State Constitution provides that, "For 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 of 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." Public trust lands must be properly stewarded for future generations. The legislature finds that rigorous procedures are required to protect the public interest before public lands are dedicated to private uses.

The purpose of this Act is to require the board of land and natural resources to make certain determinations before approving the disposition of public lands and to prohibit the disposition of public lands under certain circumstances.

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) Prior to the approval of any public land disposition, the board of land and natural resources shall:

(1) Consider all alternative uses of the land and alternatives available to the applicant;

(2) Examine comparable rents, uses, and areas, and the costs that the applicant may avoid by acquiring public land; and

(3) Determine whether the transfer, assignment, or sale of a lease or permit is prohibited.

(1) Approval of the disposition would adversely impact trails, historical sites, cultural sites, traditional practices, or natural resources;

(2) Approval of the disposition would impair public access to recreational areas; or

(3) The applicant has, within the past twenty years from the date of their application:

(A) Violated any law related to land use, environmental protection, historic and cultural property or resources, civil rights, occupational safety, or labor;

(B) Made false statements in any application seeking a land use entitlement; or

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Public Land Dispositions; Board of Land and Natural Resources; Requirements; Restrictions

Description:

Requires that the board of land and natural resources make certain determinations before approving public land dispositions. Restricts the board of land and natural resources from approving the disposition of public lands under certain circumstances.

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