Bill Text: HI SB2378 | 2012 | Regular Session | Introduced
Bill Title: Legacy Land Acquisitions
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2012-07-10 - (S) Act 284, 7/6/2012 (Gov. Msg. No. 1387). [SB2378 Detail]
Download: Hawaii-2012-SB2378-Introduced.html
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THE SENATE |
S.B. NO. |
2378 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to legacy lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 173A-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The board may, in consultation with
the senate president and the speaker of the house of representatives, require
as a condition of the receipt of funds that [state, county, and nonprofit
land conservation organizations] the department, department of
agriculture, agribusiness development corporation, and public land development
corporation receiving funds under this chapter provide a conservation
easement under chapter 198, or an agricultural easement or deed restriction or
covenant to an appropriate land conservation organization or county, state, or
federal natural resource conservation agency, that shall run with the land and
be recorded with the land to ensure the long-term protection of land having value
as a resource to the State and preserve the interests of the State."
SECTION 2. Section 173A-5, Hawaii Revised Statutes, is amended to read as follows:
"§173A-5 Land conservation fund. (a) A land conservation fund, hereinafter called "fund", is hereby established.
(b) The proceeds from the sale of any general obligation bonds authorized and issued for purposes of this chapter shall be deposited in or credited to the fund.
(c) Any net proceeds or revenue from the operation, management, sale, lease, or other disposition of land or the improvements on the land acquired or constructed by the board under the provisions of this chapter shall also be deposited in or credited to the fund.
(d) The appropriate percentage identified under section 247-7 of all taxes imposed and collected under chapter 247 shall be deposited in or credited to the fund every fiscal year.
(e) Moneys from any other private or public source may be deposited in or credited to the fund; provided that mandates, regulations, or conditions on these funds do not conflict with the use of the fund under this chapter. Moneys received as a deposit or private contribution shall be deposited, used, and accounted for in accordance with the conditions established by the agency or person making the contribution.
(f) The fund shall be administered and managed by the department.
(g) The acquisition of interests or rights in land having value as a resource to the State for the preservation of the following shall constitute a public purpose for which public funds may be expended or advanced:
(1) Watershed protection;
(2) Coastal areas, beaches, and ocean access;
(3) Habitat protection;
(4) Cultural and historical sites;
(5) Recreational and public hunting areas;
(6) Parks;
(7) Natural areas;
(8) Agricultural production; [and]
(9) Open spaces and scenic resources[.];
and
(10) Regulatory functions.
(h) The fund shall be used for:
(1) The acquisition of interests or rights in land having value as a resource to the State, whether in fee title or through the establishment of permanent conservation easements under chapter 198 or agricultural easements;
(2) The payment of any debt service on state financial instruments relating to the acquisition of interests or rights in land having value as a resource to the State;
(3) Annual administration costs for the fund, not to exceed five per cent of annual fund revenues of the previous year;
(4) Costs related to the operation, maintenance, and management of lands acquired by way of this fund that are necessary to protect, maintain, or restore resources at risk on these lands, or that provide for greater public access and enjoyment of these lands; provided that the costs related to the operation, maintenance, and management of lands acquired by way of this fund do not exceed five per cent of annual fund revenues of the previous year;
(5) Invasive species control and mitigation by the invasive species council under chapter 194; and
(6) Reforestation and sediment run-off mitigation.
(i) Based on applications from [state
agencies, counties, and nonprofit land conservation organizations,] the
department, department of agriculture, agribusiness development corporation,
and public land development corporation, the department, in consultation
with the senate president and speaker of the house of representatives, shall
recommend to the board specific parcels of land to be acquired, restricted with
conservation easements, or preserved in similar fashion. The board shall
review the selections and approve or reject the selections according to the
availability of moneys in the fund. To be eligible for grants from the fund, [state
and county agencies and nonprofit land conservation organizations] the
department, department of agriculture, agribusiness development corporation,
and public land development corporation shall submit applications to the
department that contain:
(1) Contact information for the project;
(2) A description of the project;
(3) The request for funding;
(4) Cost estimates for acquisition of the interest in the land;
(5) Location and characteristics of the land; and
(6) Other similar, related, or relevant information as determined by the department.
(j) For applications approved by the board,
the board may acquire land having value as a resource to the State, pursuant to
section 173A-4, or the board may award grants from the fund to the [qualifying
state or county agencies or nonprofit land conservation organizations] department,
department of agriculture, agribusiness development corporation, and public
land development corporation for the preservation of the real property. [Where
the recipient of a grant is a county agency or nonprofit land conservation
organization, the board shall require additional matching funds of at least
twenty-five per cent of the total project costs. Matching funds may be in the
form of:
(1) Direct moneys;
(2) A combination of public and private
funds;
(3) Land value donation;
(4) In-kind contributions; or
(5) Any combination of the above.
(k) Evidence of the matching funds in
subsection (j) shall be made available by the qualifying entities prior to
distribution of the fund grant.
(l)] (k) The board shall:
(1) Track amounts disbursed from the fund;
(2) Prepare and submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session. The annual report shall include:
(A) A summary of all interests or rights in land acquired during the preceding fiscal year;
(B) A summary of what value each newly acquired land has as a resource to the State;
(C) Proposals for future land acquisitions, including a summary of the resource value that the land may possess;
(D) A financial report for the preceding fiscal year; and
(E) Objectives and budget projections for the following fiscal year; and
(3) Make copies of the annual report available to the public."
SECTION 3. Section 173A-9, Hawaii Revised Statutes, is amended to read as follows:
"§173A-9 Grants to [state agencies,
counties, and nonprofit land conservation organizations.] the
department, department of agriculture, agribusiness development corporation,
and public land development corporation. After consultation with the
senate president and speaker of the house of representatives, and subject to
the approval of the governor, the board may make grants to [state agencies,
counties, and nonprofit land conservation organizations] the department,
department of agriculture, agribusiness development corporation, and public
land development corporation from available funds for the purchase or
acquisition of interests or rights in land having value as a resource to the
State, whether in fee title or through the purchase of permanent conservation
easements under chapter 198, and approved for purchase or acquisition by the
board, or for the operation, maintenance, and
management of lands acquired under this chapter that are necessary to protect,
maintain, or restore resources at risk on these lands, or that provide for
greater public access and enjoyment of these lands. Any land so
acquired [by any state agency or county] may be sold, leased, or
otherwise disposed of, subject to chapter 171, with the prior written approval
of the board. [Any land acquired by any nonprofit land conservation organization
under this chapter may be sold, leased, or otherwise disposed of with the prior
written approval of the board.] Any permanent conservation easement
established under this section that includes partnership with a federal land
conservation program may be transferred only as provided by rules of the
federal program."
SECTION 4. Section 173A-10, Hawaii Revised Statutes, is amended to read as follows:
"§173A-10 Proceeds of sale, lease, or
other disposition. Whenever any such land is sold by [any state agency,
county, or nonprofit land conservation organization,] the department,
department of agriculture, agribusiness development corporation, or public land
development corporation, that portion of the net proceeds (sale price less
actual expenses of sale) of such sale equal to the proportion that the grant by
the State bears to the original cost of the land or other property shall be
paid to the State. In the event any such land or other property is leased,
rented, or otherwise disposed of, that portion of the rental or proceeds equal
to the proportion that the grant by the State bears to the original cost of the
land or other property shall be paid to the State. Any proceeds received by
the State pursuant to this section that were originally paid out of the fund
pursuant to section 173A-9 shall be redeposited in or credited to the fund.
This section shall not apply to rents of property protected by permanent
conservation easements established by grants from the fund."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Legacy Land Acquisitions
Description:
Allows for the acquisition of lands through the legacy conservation fund for regulatory functions of the state. Restricts the application for and granting of legacy land funding to the department of land and natural resources, department of agriculture, agribusiness development corporation, and public land development corporation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
