Bill Text: HI HB2024 | 2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Mauna Kea.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled - Dead) 2022-05-04 - Transmitted to Governor. [HB2024 Detail]

Download: Hawaii-2022-HB2024-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2024
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

 

 

RELATING TO MAUNA KEA.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that Mauna Kea serves as an important cultural and genealogical site to the people of Hawaii, particularly to Native Hawaiians.  The summit region of Mauna Kea is a spiritual and special place of significance that is home to cultural landscapes, fragile habitats, and historical and archaeological artifacts.  Due to its topographical prominence, Mauna Kea is also a highly valued site for astronomical study, which produces many significant discoveries that contribute to humanity's study and understanding of the universe.  However, in recent years, Mauna Kea has come to symbolize a rigid dichotomy between culture and science, often leading to polarization between stakeholders on Mauna Kea and local communities.  Therefore, resolving the management issues of Mauna Kea is an issue of the highest priority in the State.

     The legislature further finds that on March 4, 2021, the Hawaii house of representatives adopted House Resolution No. 33, H.D. 1, Regular Session of 2021, to reconcile this mismanagement, mistrust, and polarization by convening a working group to develop recommendations, building on the findings of the Independent Evaluation of the Implementation of the Mauna Kea Comprehensive Management Plan, for a new governance and management structure for Mauna Kea that collaboratively engages with all stakeholders, particularly the Native Hawaiian community, while also balancing the University of Hawaii's continuing academic and research activities and facilities on Mauna Kea.

     The purpose of this Act is to establish the Mauna Kea stewardship and oversight authority as a joint authority with the University of Hawaii for the management of Mauna Kea lands with:

     (1)  The University of Hawaii as having jurisdiction over approximately five hundred fifty acres, comprising the astronomy precinct, Halepōhaku complex, and the Mauna Kea access road; and

     (2)  The Mauna Kea stewardship and oversight authority as having jurisdiction over the other approximately 9,450 acres of Mauna Kea under the state lease.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

MAUNA KEA STEWARDSHIP and oversight AUTHORITY

     §   -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Authority" means the Mauna Kea stewardship and oversight authority.

     "Astronomy research lands" means the area of approximately five hundred fifty acres, which comprises the astronomy precinct, Halepōhaku complex, and the Mauna Kea access road under the University of Hawaii, as lessee to the board of land and natural resources.

     "Chairperson" means the chairperson of the authority.

     "Lease" means the contractual right to possess and use a specified portion of land for a term of years.

     "Mauna Kea conservation lands" means approximately 9,450 acres of land under the state lease, as defined in this chapter, excluding those lands of approximately five hundred fifty acres that include the astronomy precinct, Halepōhaku complex, and the Mauna Kea access road.

     "Person" includes an individual, a partnership, a corporation, or an association, except as otherwise defined in this chapter.

     "State lease" means that certain lease by and between the board of land and natural resources and the University of Hawaii entered into in June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529.  The state lease includes both astronomy research lands and the Mauna Kea conservation lands as defined in this chapter.

     §   -2  Mauna Kea stewardship and oversight authority; established.  (a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the University of Hawaii in fulfilling the obligations and duties under the state lease.  The University of Hawaii shall sublease the lands comprising the Mauna Kea conservation lands to the authority within a period not exceeding one year from the formation and operation of the authority.  The authority shall be placed within the University of Hawaii at Hilo, for administrative purposes.

     (b)  The authority shall consist of eleven voting members; provided that all members shall be appointed by the governor, subject to section 26-34.  The chancellor of the University of Hawaii at Hilo shall serve as an ex officio, nonvoting member.  The voting members shall include:

     (1)  The chairperson of the board of land and natural resources, or the chairperson's designee;

     (2)  The chairperson of the board of trustees of the office of Hawaiian affairs, or the chairperson's designee;

     (3)  The chairperson of the board of regents of the University of Hawaii, or a member of the board of regents to serve as the designee;

     (4)  An individual with `āina (land) resource management expertise and specific experience with Hawaii island-based management;

     (5)  An individual who is recognized as possessing expertise in the fields of p-12 public education or post-secondary education;

     (6)  A representative selected by Maunakea Observatories;

     (7)  An individual with business and finance experience who has previous administrative experience in managing a large private-sector business;

     (8)  An individual who is a lineal descendent of a practitioner of native Hawaiian traditional and customary practices associated with Mauna Kea;

     (9)  An individual who is a recognized practitioner of native Hawaiian traditional and customary practices; and

    (10)  Two members who shall be appointed by the governor from a list of three names submitted for each appointment by the president of the senate and speaker of the house of representatives; provided that if fewer than three names are submitted for either appointment, the governor may disregard the list;

provided further that not less than three of the eleven members of the authority shall be residents of the county of Hawaii.

     A majority of all members shall constitute a quorum to do business, and the concurrence of a majority of all members shall be necessary to make any action of the authority valid.  All members shall continue in office until their respective successors have been selected, or appointed and confirmed by the senate; provided that a member shall not holdover beyond the first legislative session following the expiration of the member's term of service.

     (c)  The authority shall elect the chairperson from among its voting members.

     (d)  Notwithstanding section 26-34(a), with respect to length and amount of terms, the members of the authority shall serve for a term of three years and shall not serve more than three partial or full terms; provided that the initial terms shall be staggered, as determined by the governor.

     (e)  The authority shall be financially self-sustaining after the fourth year following the transitional period pursuant to section    -4.  The authority's day-to-day operations shall be led by the existing executive director of the center of Mauna Kea stewardship for the transition period established in section    ‑4.

     (f)  The authority shall utilize the existing University of Hawaii center for Mauna Kea stewardship staff and organization during the transitional period, and may engage other services as needed; provided that the authority shall appoint a board secretary, who shall also serve as executive assistant to the authority, without regard to chapter 76; provided further that not more than five per cent of the authority's budget shall be expended on administrative expenses.

     (g)  The authority shall establish its offices at the University of Hawaii at Hilo, `Imiloa astronomy center or another suitable location or facility within the county of Hawaii.

     §   -3  Powers and responsibilities; generally.  (a)  Except as otherwise limited by this chapter, the authority, as it pertains to the Mauna Kea conservation land area, may:

     (1)  Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (2)  Make and alter bylaws for its organization and internal management;

     (3)  Adopt rules pursuant to chapter 91 for the purposes of this chapter;

     (4)  Conduct meetings in accordance with chapter 92 for the purposes of this chapter;

     (5)  Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries;

     (6)  Provide advisory, consultative, training, and educational services; technical assistance; and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

     (7)  Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

     (8)  Contract for and accept gifts or grants in any form from any public agency or from any other source;

     (9)  Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D; and

    (10)  Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter.

     (b)  Notwithstanding any other law to the contrary, the authority shall within the Mauna Kea conservation land area:

     (1)  Be the principal authority in conjunction with the department of land and natural resources for the management of state-managed lands within the Mauna Kea conservation lands;

     (2)  Provide oversight and protect traditional and customary native Hawaiian rights, as set forth in the Hawaii State Constitution, and not unduly burden individuals exercising these rights;

     (3)  Establish a process that provides and ensures transparency, analysis, and justification for lease terms of its land and monetary consideration that is equitable, feasible, and financially sustainable;

     (4)  Be prohibited from selling, gifting, transferring, or exchanging land under its control;

     (5)  Engage in community dialogue, outreach, engagement, and consultation processes, as appropriate, on significant matters on at least an annual basis and more frequently, as needed; and

     (6)  Consider various supplemental revenue sources to be deposited into the Mauna Kea management special fund, to the extent permitted by law.

     §   -4  Transition; management plan.  (a)  The authority shall have a transition period of three years beginning July 1, 2023; provided that all of the initial members have been confirmed by the senate; provided further that the initial authority members elect a chairperson pursuant to section    ‑2(c) to assume management and oversight of the Mauna Kea conservation land area.

     (b)  The authority shall assume management of Mauna Kea conservation lands and develop a management plan to govern land uses; human activities, other uses, and access, including permitted uses for frequent and seasonal users; stewardship; education; research; disposition; and overall operations.  The management plan may:

     (1)  Be developed during the transition period;

     (2)  Be finalized, approved, and operational by the end of the transition period;

     (3)  Be updated at least every ten years with a focus on long-term, comprehensive, coordinated planning for all of the Mauna Kea conservation lands;

     (4)  Consider the State's energy and sustainability goals, as well as impacts to climate change, including adapting to climate change and developing mitigation measures to climate change;

     (5)  Incorporate indigenous management and cultural processes and values; and

     (6)  Include an aspirational statement to acknowledge and contextualize unresolved social justice issues that underpin the conservation, preservation, and public use of Mauna Kea.

     §   -5  Astronomy development; declaration of policy; framework.  (a)  It is declared that the support of astronomy is a policy of the State.

     (b)  The University of Hawaii shall be responsible for the management and care of the astronomy research lands and shall develop a framework for astronomy development on Mauna Kea that may include limitations on the number of observatories and astronomy-related facilities or an astronomy facility footprint limitation; provided that in establishing a framework for astronomy development on Mauna Kea, the University of Hawaii may establish a set of principles for returning the astronomy research lands to their natural state at such time that ground-based observatories lose their academic or research value.

     (c)  The University of Hawaii shall continue to:

     (1)  Prepare and complete the Mauna Kea master plan and comprehensive management plan for the astronomy research lands and Mauna Kea conservation lands; and

     (2)  Prepare for and apply for a renewal of the state lease for both the University of Hawaii and the authority.

     (d)  The University of Hawaii shall commence and complete the timely decommissioning of the California Institute of Technology (Caltech) Submilimeter Telescope and the University of Hawaii at Hilo Hōkū Ke`a Teaching Telescope.

     §   -6  Joint oversight jurisdiction.  (a)  The authority shall have primary oversight jurisdiction of the Mauna Kea conservation lands.

     (b)  For the astronomy research lands, the University of Hawaii shall be primarily responsible for the conservation and protection of those lands while allowing for the responsible continuation of the astronomy research at Mauna Kea, consistent with the obligations and duties under the state lease, Mauna Kea master plan, and comprehensive management plan.

     (c)  The University of Hawaii may enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with the authority, any state agency, any county agency, and private landowners whose lands are within the jurisdictional boundaries of the astronomy research lands.

     §   -7  Advisory groups; Native Hawaiian culture.  (a)  The authority shall establish advisory groups to advise the authority in its management of Mauna Kea conservation lands; provided that the authority shall establish an astronomy advisory group and Native Hawaiian advisory group, with preference for Hawaii island resident participation, to provide advice and guidance to the authority on their respective subject matters; provided further, for the transitional period pursuant to section    -4, the authority shall utilize the directors of the institutions comprising the Maunakea Observatories, Maunakea management board, and Kahu Kū Mauna to serve and advise the University of Hawaii at Hilo and the authority.

     (b)  Any advisory groups established pursuant to this section shall convene regularly and be consulted on a broad range of issues relating to their respective purview.

     (c)  The authority may adopt and shall be guided by the following operational values and principles:

     (1)  Mauna Aloha – Understanding the reciprocal value of the mauna and a long-term commitment to maintaining the integrity of Mauna Kea;

     (2)  `Ōpū Kupuna – Understanding and embracing a duty and accountability to Mauna Kea, the natural environment, and to perpetuate the native Hawaiian traditional and customary practices embedded in the landscape of the mauna; and

     (3)  Holomua `Oi Kelakela – Driven by creativity and innovation, constantly challenging the status quo, with a stewardship of Mauna Kea that is informed based on existing knowledge and traditions, as well as on new and expanding knowledge.  The authority shall be mindful and observant of needs, trends, and opportunities and seek new knowledge and opportunities in ways that enhance the ability to serve as stewards without jeopardizing the foundation of `āina aloha.

     §   -8  Annual report.  The authority and the University of Hawaii shall each submit a separate annual report to the legislature at least twenty days prior to the convening of each regular session, beginning with the regular session of 2024.  Each annual report shall include:

     (1)  A review of the authority's and University of Hawaii's management actions;

     (2)  A review of the implementation of all legislatively required plans, including financial and management plans;

     (3)  A review of the impacts of human uses on the natural and cultural resources of Mauna Kea;

     (4)  An assessment of cumulative impacts to Mauna Kea;

     (5)  A review of all community dialogue, outreach, engagement, and consultation; and

     (6)  Identification of any areas or issues that present an obstacle or are problematic between the authority and the University of Hawaii.

     §   -9  Access and use; restrictions; orientation; entryway.  (a)  The University of Hawaii may limit commercial use and activities of the astronomy research lands, and the authority may do the same for the Mauna Kea conservation lands, and each may adopt rules pursuant to chapter 91 to designate areas for permissible use.

     (b)  Both the authority and the University of Hawaii, respectively, may require an application for all recreational uses, including fees, and create guidelines on potential limits by monitoring the social, safety, and conservation impacts of recreational use over time.

     (c)  The authority may require all individuals accessing Mauna Kea conservation lands to undergo an annual orientation anchored by the authority's guiding operational values and principles; provided that all employees, contractors, leaseholders, and others who regularly access Mauna Kea shall have more extensive training on the authority's guiding operational values and principles pursuant to section    -7(c).

     §   -10  Lease provisions; generally.  The sublease by and between the University of Hawaii and the authority shall contain the following provisions with regard to any sub-sublease issued by the authority:

     (1)  The specific use or uses to which the land is to be employed;

     (2)  The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;

     (3)  Restrictions against alienation;

     (4)  The rent, as established by the authority or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;

     (5)  Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste; and

     (6)  Other terms and conditions as the authority deems advisable to more nearly effectuate the purposes of the Hawaii State Constitution and of this chapter.

     §   -11  Rules.  In addition to any other rulemaking powers authorized under this chapter, the authority, after the transitional three-year period established in section    -4, may adopt rules pursuant to chapter 91 on the management, stewardship, oversight, and protection of Mauna Kea conservation lands and cultural resources.  The rules adopted under this section shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards to meet minimum requirements of good design, health, safety, and coordinated development.

     §   -12  Mauna Kea management special fund.  (a)  There is established the Mauna Kea management special fund into which shall be deposited:

     (1)  Appropriations from the legislature;

     (2)  Moneys from supplemental sources as authorized by the authority pursuant to the powers granted by this chapter;

     (3)  Any grant or donation made to the special fund; and

     (4)  Any interest earned on the balance of the special fund.

     (b)  Proceeds from the special fund shall be used for administration, capital improvement projects, and other purposes pursuant to this chapter.

     §   -13  Issuance of bonds.  The director of finance, from time to time, may issue general obligation bonds pursuant to chapter 39 in amounts authorized by the legislature for the purposes of this chapter.

     §   -14  Mauna Kea stewardship and oversight authority offices; University of Hawaii lease; negotiation.  (a)  The University of Hawaii shall negotiate a lease of $1 per year with the authority for the purposes of establishing an office, pursuant to section    -2(g)."

     SECTION 3.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii National Guard as such, and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any such contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

    (11)  (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, not more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

          (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual/bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational/supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

          (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

          (D)  Members of the faculty of the University of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  (A)  Positions filled by inmates, patients of state institutions, persons with severe physical or mental disabilities participating in the work experience training programs;

          (B)  Positions filled with students in accordance with guidelines for established state employment programs; and

          (C)  Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; an administrative assistant to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that:

          (A)  Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

          (B)  All of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the University of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that not more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the University of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

    (24)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary;

    (26)  Positions in the Hawaii National Guard youth and adult education programs;

    (27)  In the state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

    (28)  Administrative appeals hearing officers in the department of human services;

    (29)  In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

    (30)  In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, and security and privacy compliance analyst;

    (31)  The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

    (32)  In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that, for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance; [and

  [](33)[]]  The executive director and seven full-time administrative positions of the school facilities authority[.]; and

    (34)  Positions in the Mauna Kea stewardship and oversight authority.

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

     SECTION 4.  Audit.  The auditor shall conduct a performance and financial audit of the Mauna Kea stewardship and joint oversight of the Mauna Kea stewardship and oversight authority and University of Hawaii, and shall submit a report on findings and recommendations to the legislature on or before the convening of the regular session of 2029.

PART II

     SECTION 5.  On July 1, 2023, all rights, powers, functions, and duties of the University of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     All employees who occupy civil service positions and whose functions are transferred to the Mauna Kea stewardship and oversight authority by this Act shall retain their civil service status, whether permanent or temporary.  Employees shall be transferred 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 and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act.  An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws.  The executive director of the center for Mauna Kea stewardship may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

     SECTION 6.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the University of Hawaii relating to the functions transferred to the Mauna Kea stewardship and oversight authority shall be transferred with the functions to which they relate.

PART III

     SECTION 7.  The University of Hawaii board of regents and president shall exercise the authority granted to them by part IV, subpart O, of chapter 304A, Hawaii Revised Statutes, only to the extent as necessary to allow the Mauna Kea stewardship and oversight authority, established pursuant to part I of this Act, to assume authority of the Mauna Kea conservation lands and for lands under the jurisdiction of the University of Hawaii pursuant to section    -5 in part I, section 2, of this Act; provided that the University of Hawaii board of regents and the president of the University of Hawaii shall cooperate and work collaboratively with the authority to support and ensure the successful transition of stewardship and oversight of the Mauna Kea conservation lands; provided further that the University of Hawaii at Hilo shall provide all necessary support to the Mauna Kea stewardship and joint oversight consistent with the purposes of this Act, including equitably funding the authority and University of Hawaii.

PART IV

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $14,000,000 or so much thereof as may be necessary for fiscal year 2022-2023 for startup costs for the Mauna Kea stewardship and oversight authority.

     The sum appropriated shall be expended by the University of Hawaii at Hilo for the purposes of this Act.

     SECTION 9.  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 2022-2023 for one full-time equivalent (1.0 FTE) executive assistant position, who shall also serve as secretary to the authority, and who shall be exempt from chapter 76, Hawaii Revised Statutes, to support the Mauna Kea stewardship and oversight authority.

     The sum appropriated shall be expended by the University of Hawaii at Hilo for the purposes of this Act.

     SECTION 10.  All moneys in the Mauna Kea lands management special fund established pursuant to section 304A-2170, Hawaii Revised Statutes, shall be deposited in the Mauna Kea management special fund established pursuant to section    -12 in part I, section 2, of this Act.

PART V

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on January 1, 2055; provided that if the auditor finds, in the report required under section 4 of this Act, that the Mauna Kea stewardship and joint oversight between the Mauna Kea stewardship and oversight authority and the University of Hawaii required by this Act is unfit to continue, then on December 31, 2029:

     (1)  Parts I, II, and III of this Act shall be repealed and section 76-16(a), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; and

     (2)  The management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, shall revert back to the University of Hawaii board of regents and president.

 

Report Title:

Mauna Kea Stewardship and Oversight Authority; Established; Appropriation

 

Description:

Establishes the Mauna Kea Stewardship and Oversight Authority as a joint authority with the University of Hawaii.  Defines the astronomy research lands under the jurisdiction of the University of Hawaii.  Defines the Mauna Kea conservation lands under the jurisdiction of the Authority.  Requires the Authority and the University of Hawaii to manage land uses; human activities, other uses, and access; stewardship; education; research; disposition; and overall operations on its respective lands.  Authorizes the University of Hawaii to develop a framework to allow astronomy development on Mauna Kea.  Declares astronomy as a state policy.  Requires the Authority to establish advisory groups.  Allows the Authority and the University of Hawaii to limit certain commercial use and activities on Mauna Kea on its respective jurisdictional lands.  Provides certain restrictions on leases.  Requires the timely decommissioning of certain telescopes.  Requires an application and fee for all recreational users of Mauna Kea.  Establishes the Mauna Kea Management Special Fund.  Transfers rights, duties, and positions from the University of Hawaii to the Authority.  Exempts positions under the Authority from civil service requirements.  Requires an audit of the Mauna Kea Stewardship and Oversight Authority.  Reverts management to the University of Hawaii Board of Regents and President if the audit finds the Authority unfit to continue.  Appropriates funds.  Effective 1/1/2055.  (SD2)

 

 

 

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