Bill Text: HI SCR164 | 2013 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 164 (Prior Session Legislation)

Introduced

Bill Title: Turtle Bay; Land Conservation; Working Group

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-07 - Certified copies of resolutions sent, 06-07-13. [SCR164 Detail]

Download: Hawaii-2013-SCR164-Introduced.html

THE SENATE	S.C.R. NO.	164
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the governor to establish a working group to develop a conservation action plan to explore and identify conservation alternatives for the undeveloped portions of the Turtle Bay Hotel and Resort property and surrounding lands with conservation or historic value.

WHEREAS, Act 140, Session Laws of Hawaii 2008, authorized the Governor to negotiate on behalf of the State with private interested parties to purchase the resort property located in Kahuku, Oahu; and

WHEREAS, the subject property under negotiation includes the lands of and surrounding the Turtle Bay Hotel and Resort (Property) and dates back to the latter years of the previous administration as part of an effort to purchase and protect precious natural resource lands from development; and

WHEREAS, despite two separate attempts to acquire the Property, nothing has been successfully completed and the matter remains unresolved; and

WHEREAS, the subject lands for conservation:

(1) Shall include the undeveloped lands, defined as those that are not used for the existing hotel and condominiums;

(2) May include the unoccupied areas, such as the golf courses, stables, parking areas, nurseries, and lands with similar uses that could be relocated; and

(3) Generally include the undeveloped portions of the Property and surrounding lands that have significant conservation or historic value if the conservation would better protect coastal and natural resources between Malaekahana State Recreational Area and Kawela Bay; and

WHEREAS, this body believes that it remains in the public's best interest to continue efforts to conserve the undeveloped portions of the Property; and

WHEREAS, during the Regular Session of 2013, the Legislature introduced S.B. No. 894, S.D. 2, to appropriate funds and authorize the Governor, or the Governor's designee, to continue efforts to acquire certain unimproved lands surrounding the Property; and

WHEREAS, if the Governor finds that it is not feasible for the State to acquire sole interest of the Property, S.B. No. 894, S.D. 2, also authorized the Governor to enter into a cooperative agreement or agreements, such as a conservation easement, with private or other public entities interested in conserving the undeveloped portions of the Property; and

WHEREAS, in a letter dated March 4, 2013, the Chief Executive Officer on behalf of the developer Turtle Bay Resorts, LLC, expressed the developer's willingness to voluntarily negotiate in good faith to explore alternatives between the State and the developer to keep a portion of the undeveloped lands at the Turtle Bay Resort for public benefit; and

WHEREAS, the developer expressed in the letter an understanding that the Legislature may be open to deferring S.B. No. 894, S.D. 2, while the State and developer negotiate; and

WHEREAS, the developer communicated a willingness to negotiate in good faith with the State; provided that the negotiations take place immediately and terminate no later than November 30, 2013, at which time the State and developer will submit to the Legislature a report regarding the result of the negotiations; and

WHEREAS, the developer also proposed in the letter that if the developer and the State are able to negotiate terms, area, and price, then S.B. No. 894, S.D. 2, could be amended to effectuate the terms of the negotiated settlement; and

WHEREAS, however, if the developer and the State are unable to negotiate a settlement, then S.B. No. 894, S.D. 2, may proceed accordingly through the legislative process during the Regular Session of 2014; and

WHEREAS, the developer noted that the deadline of November 30, 2013, provides a reasonable amount of time for the State and the developer to engage in good faith negotiations to reach a reasonable solution that benefits the immediate community and the State; and

WHEREAS, accordingly, on March 5, 2013, the Senate recommitted S.B. No. 894, S.D. 2, to the Committees on Judiciary and Labor and Ways and Means, thereby deferring the measure pending negotiations between the State and the developer as proposed in the letter from Turtle Bay Resorts, LLC; and

WHEREAS, this body believes that the Governor can assist in promoting the conservation of the subject lands and urges the Governor to immediately engage in good faith negotiations with the developer; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Governor is requested to establish a working group to develop a conservation action plan to explore and identify conservation alternatives for the undeveloped portions of the Turtle Bay Hotel and Resort property and surrounding lands with conservation or historic value; and

BE IT FURTHER RESOLVED that the working group consist of the following members:

(1) The Governor or the Governor's designee;

(2) The Chairperson of the Board of Land and Natural Resources or the Chairperson's designee;

(3) The Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources or the Administrator's designee;

(4) The Chairperson of the Legacy Land Conservation Commission or the Chairperson's designee;

(5) The Chairperson of the Land Use Commission or the Chairperson's designee;

(6) The Chairperson of the Board of Directors of The Trust for Public Land or the Chairperson's designee; and

(7) Any other entity or organization the Governor deems necessary; and

BE IT FURTHER RESOLVED that the purpose of the working group is to provide information and make recommendations to the Governor as the State and the developer Turtle Bay Resorts, LLC, engage in good faith negotiations; and

BE IT FURTHER RESOLVED that during the course of negotiations between the State and the developer, the working group:

(1) Develop an action plan that explores and identifies conservation alternatives for the undeveloped portions of the Turtle Bay Hotel and Resort property and the surrounding lands with conservation or historic value;

(2) Hold meetings to foster community engagement and gather community input regarding conservation alternatives relating to the subject lands, which shall be included in the action plan;

(3) Provide updates to the Governor, at periodic intervals deemed necessary by the Governor, regarding the development of the action plan and make any recommendations; and

(4) Submit a written final action plan, including recommendations and any proposed legislation, to the Governor and Legislature no later than November 30, 2013; and

BE IT FURTHER RESOLVED that the working group shall cease to exist on November 30, 2013; and

BE IT FURTHER RESOLVED that the Governor and the developer submit a written report to the Legislature regarding the results of their negotiations and any proposed legislation no later than November 30, 2013; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Chairperson of the Board of Land and Natural Resources; Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources; Chairperson of the Legacy Land Conservation; Chairperson of the Land Use Commission; Chief Executive Officer of Turtle Bay Resorts, LLC; and Chairperson of the Board of Directors of The Trust for Public Land.