Bill Text: HI SB2581 | 2020 | Regular Session | Introduced
Bill Title: Relating To Public Lands.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-23 - Referred to WTL/PSM, JDC. [SB2581 Detail]
Download: Hawaii-2020-SB2581-Introduced.html
|
THE SENATE |
S.B. NO. |
2581 |
|
THIRTIETH LEGISLATURE, 2020 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 the human-induced
global climate crisis requires bold, thoughtful responses on many fronts to ensure
that resilient communities survive and thrive on the fragile islands of Hawaii.
To maintain Hawaii's leadership in creating the future
of labor, justice and equity, the legislature finds that we must embrace aloha aina
as the core organizing principal of our green new deal. We must urgently decarbonize Hawaii's systems
of food, energy, and transportation. We must
urgently sequester carbon throughout our systems of agriculture, waste
management and ecosystem restoration. Upon this solid foundation we will find synergies that expand
access to health, housing and education, create gratifying, well-paying jobs,
and ensure justice and equity for Hawaii's citizens. This Act is a vital step forward enabling Hawaii to adapt to the
inevitable changes that will accompany climate crisis, by proactively mitigating
its most deleterious impacts.
Article
XI, section 1 of the 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 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 further finds that public
lands should be managed in the spirit of malama aina.
The
legislature further finds that the military's use of public land has been
inconsistent with the principle of malama aina. The legacy of the military use of Kahoolawe, Makua,
Pohakuloa, and Waikane are well-known and tragic. For example, the Navy failed to clear all
unexploded ordnance from Kahoolawe. A federal court concluded that the 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"
in Makua pursuant to a settlement agreement. Portions of state land at Pohakuloa are,
according to a state circuit court, heavily contaminated with material that presents
an explosive hazard and significant danger to public health and welfare. With sixty-five year leases to public lands that
have been given to the military set to expire shortly, the legislature further finds
that it is time to return those public lands to the people of Hawaii.
The
purpose of this Act is to prohibit the board of land and natural resources
from approving the disposition of public land to the United States military that
would allow for or facilitate military training.
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;
(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) The board of land and natural resources shall not approve the disposition of public land to the United States military that would allow for or facilitate military training."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Board of Land and Natural Resources; Public Land; Disposition; United States Military
Description:
Prohibits the board of land and natural resources from approving the disposition of public land to the United States military that would allow for or facilitate any military training.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
