SB521

SECTION 1. The legislature finds that many properties in the State are under claim of federal ownership or control and are being, or have been, used as military facilities. This use has resulted in contamination to the water and soil on and adjacent to many of these properties, or has created hazards, such as the presence of unexploded ordnance.

The legislature further finds that upcoming expirations or renewals of land leases between the State and the United States government provide opportunities for the return of ceded lands and that the State should be proactive in identifying and reacquiring any lands deemed appropriate. To that end, in 2021, the legislature passed Act 93, Session Laws of Hawaii 2021, which required the office of planning and sustainable development to submit an inventory report of all lands within the State that are leased to the federal government or under federal government control. The report also included information pertaining to lease expiration dates and plans to close military facilities on those lands.

Accordingly, the purpose of this Act is to build upon Act 93, Session Laws of Hawaii 2021, by creating a long-term task force to proactively plan for the remediation and restoration of lands currently under federal control that are anticipated to be returned to the State, consider potential alternative uses, and identify any lands that should continue under federal control for the next ten years.

SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§225M- Surplus military land task force. (a) There is established a surplus military land task force within the office of planning and sustainable development for administrative purposes, as provided in section 26-35, to plan for the remediation and restoration of lands currently under federal control that are anticipated to be returned to the State, consider potential alternative uses, and identify any lands that should continue under federal control for the next ten years. The task force shall:

(1) Create and maintain an inventory of all lands within the State where the federal government claims ownership or control, including:

(A) A database of relevant leases and their expiration dates; and

(B) Plans for the closure of military facilities on those lands, building upon but not limited to the information contained in the latest edition of the Hawaii Military Land Use Master Plan and the report prepared by the office of planning and sustainable development pursuant to Act 93, Session Laws of Hawaii 2021;

(2) Identify any known contaminants or environmental hazards associated with inventoried lands, environmental studies performed in connection with those lands, and any remediation required;

(3) Seek input on proposed environmental remediation plans and alternative uses for lands from adjacent communities and appropriate departments and agencies, including the office of Hawaiian affairs;

(4) Identify lands that should continue under federal control and suggest alternative models for continued occupation, including remediation and compensation for damages to occupied properties;

(5) Negotiate with federal agencies for:

(A) The return of ownership and control of lands;

(B) The environmental remediation and restoration of parcels under the ownership and control of the federal government, whether subject to return or not; and

(6) Work on any other objectives deemed necessary by the task force.

(b) The task force shall consist of eleven members to be appointed in the manner and to serve for the terms provided in section 26-34; provided that the members shall be:

(1) The director of the office of planning and sustainable development, who shall serve as chairperson;

(2) One member designated by the speaker of the House of representatives;

(3) One member designated by the senate president;

(4) The chairs of the senate and house of representatives standing committees whose subject matter purview is primarily responsible for legislation relating to water and land;

(5) A representative from each of the four counties, to be selected by the mayor of each county;

(6) A representative from an organization whose mission statement or purpose is dedicated to the remediation and prevention of military debris and site contamination or degradation; and

(7) A representative from an organization with a mission statement or purpose of preserving Native Hawaiian traditional and cultural practices and preventing the desecration of the environment to be selected by .

(c) Members shall not be compensated but shall be reimbursed for necessary expenses incurred, including travel expenses, in carrying out their duties. The department shall provide all necessary administrative, professional, technical, and clerical support required by the task force.

(d) The task force shall meet at least biannually beginning in 2023.

(e) The task force shall:

(1) Submit a preliminary report of its findings and recommendations, including any proposed legislation, to the legislature, no later than twenty days prior to the convening of the regulation session of 2024; and

(2) Submit a second report on its findings and recommendations, including any proposed legislation, to the legislature, no later than twenty days prior to the convening the regular session of 2025; provided that the report shall include status updates on each of the tasks specified in subsection (a).

(f) The director of the office of planning and sustainable development shall submit annual progress reports to the legislature no later than twenty days prior to the convenings of the regular sessions of 2025, 2026, 2027, 2028, and 2029. The progress reports shall include updates regarding the implementation of the work identified by the task force and any additional plans, recommendations, or legislation recommended based on new information received by the office of planning and sustainable development relating to the objectives of the task force."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	521
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII