HOUSE OF REPRESENTATIVES	H.B. NO.	2332
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to mauna kea.

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

SECTION 1. Section 195H-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Beginning after the transition period has expired, any lease executed by the authority for an astronomical observatory shall include reserved viewing or observing time of not less than seven per cent of the total amount of viewing or observing time provided by the astronomical observatory for the University of Hawaii, as negotiated by the authority[.]; provided that reserved viewing or observing time shall not be accepted in lieu of rent. The university shall give priority on the use of the reserved viewing or observing time to projects that include the participation of:

(1) Hawaii students, including:

(A) Graduate and undergraduate students of the University of Hawaii;

(B) Students of Hawaii public schools operated by the department of education; and

(C) Students from any other school, public or private, in which education is provided to students in the medium of the Hawaiian language, in whole or in part, or that includes a Hawaiian language proficiency requirement for graduation; and

(2) Projects curated and submitted by the University of Hawaii at Hilo Imiloa astronomy center."

SECTION 2. Section 195H-12, Hawaii Revised Statutes, is amended to read as follows:

"[[]§195H-12[]] Lease provisions; generally. Each lease issued by the authority shall contain the following provisions:

(1) The specific use or uses to which the land is to be employed;

(2) The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;

(3) Restrictions against alienation;

(4) The rent, as established by independent appraisal or rules of the authority, or both, or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments; provided that rent shall be commensurate with rents charged for similar astronomical observatories globally;

(5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste;

(6) If the lease is for an astronomical observatory, reserved viewing or observing time in accordance with section 195H-8(b); and

(7) Other terms and conditions as the authority deems advisable to more nearly effectuate the purposes of the Hawaii State Constitution and of this chapter."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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:

MKSOA; Mauna Kea; Observatories; Rentals at Fair Market Rent

Description:

Requires rent on Mauna Kea to be commensurate with rents charged for similar astronomical observatories globally. Provides that in leases negotiated by the Mauna Kea Stewardship and Oversight Authority reserved viewing or observing time shall not be accepted in lieu of rent.

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