Bill Text: HI HB2770 | 2012 | Regular Session | Introduced

Hawaii House Bill 2770 (Prior Session Legislation)

Introduced

Bill Title: PLDC; Public Land Development; Hawaiian Rights

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-01-27 - (H) Referred to WLO, HAW, FIN, referral sheet 9 [HB2770 Detail]

Download: Hawaii-2012-HB2770-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2770
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CULTURALLY SENSITIVE LAND DEVELOPMENT.

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

SECTION 1. Chapter 171C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171C- Protection of traditional and customary rights. Notwithstanding any provision of this chapter to the contrary, the corporation shall consult with the office of Hawaiian affairs regarding the corporation's projects, activities, and rules to ensure that its projects, activities, and rules do not diminish any right customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights pursuant to article XII, section 7, of the state constitution and relevant case law."

SECTION 2. Section 171C-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The corporation shall prepare the Hawaii public land optimization plan, which shall define and establish goals, objectives, policies, and priority guidelines for its public land optimization development strategy. The plan shall include:

(1) An inventory of public lands with suitable, adequate development potential that are or will become available that can be used to meet present and future land development needs;

(2) Protection of culturally-sensitive areas[;] and cultural practices, including traditional and customary Hawaiian rights protected pursuant to article XII, section 7, of the state constitution;

(3) Feasible strategies for the promotion and marketing of any projects, including but not limited to leisure, recreational, commercial, residential, time share, hotel, office space, and business projects, in local, national, and international markets;

(4) Proposals to improve the gathering of data and the timely presentation of information on market demands and trends that can be used to plan future projects; and

(5) Strategies for federal and state legislative actions that will promote the development and enhancement of Hawaii's public lands."

SECTION 3. Section 171C-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§171C-6[]] Public lands optimization projects; development plans. (a) The corporation may develop and implement public lands optimization projects where appropriate public lands may be developed or managed to create revenue-generating centers or where, through detailed analysis, opportunities exist to exploit potential local, national, and international markets.

(b) The corporation [~~may~~] shall initiate and coordinate the preparation of business and public land development plans for each of its projects. The plans shall include [a]:

(1) A proposal for the organization of the enterprise[~~, a~~];

(2) A marketing strategy[~~, marketing-related~~];

(3) Marketing-related information[~~, the~~];

(4) The impact on existing development or visitor-related industries throughout the State[~~, and a~~];

(5) A recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project[.]; and

(6) A culturally sensitive development plan that shall include:

(A) The identification and description of the cultural practices, including traditional and customary Hawaiian rights protected pursuant to article XII, section 7, of the state constitution, and cultural, historic, and natural resources in the ahupuaa in which the project is proposed;

(B) An assessment of the project's potential effects on cultural practices, including traditional and customary Hawaiian rights protected pursuant to article XII, section 7, of the state constitution, and cultural, historic, and natural resources; and

(c) The corporation may enter into cooperative agreements with coordinating entrepreneurs or public agencies when the powers, services, and capabilities of the persons or agencies are deemed necessary and appropriate for the development and implementation of the business and public land development plans.

(d) Notwithstanding any provision of this chapter to the contrary, when leasing corporation-controlled public land, the corporation may contract with a financial institution chartered under chapter 412 or a federal financial institution, as defined under section 412:1-109, that transacts business in this State to provide lease management services. For the purposes of this subsection, "lease management services" includes the collection of lease rent and any other moneys owed to the corporation related to the lease of public land under the corporation's control.

(e) The public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

(f) The corporation may amend the business and public land development plans as may be necessary or appropriate.

(g) Any undertaking by the corporation pursuant to this chapter shall be with the express written consent of the landowner or landowners directly affected.

(h) Notwithstanding any provision of this chapter to the contrary, the corporation shall not develop and implement any public lands optimization project unless:

(1) The corporation first holds a public informational meeting in the affected community, which may be held in conjunction with a meeting of the appropriate neighborhood board meeting, where applicable; and

(2) The corporation solicits public input from the affected community as to whether the proposed project is consistent with and compliments the community's existing needs and culture."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

PLDC; Public Land Development; Hawaiian Rights

Description:

Requires PLDC to consult with OHA on the corporation's projects, activities, and rules. Requires the Hawaii public land optimization plan to include protection of traditional and customary Hawaiian rights. Requires PLDC to hold a public meeting before implementing any project.

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