SB2297 SD1

SECTION 1. The legislature finds that the protection of the State's natural resources is of paramount importance. Pursuant to article XI, section 2, of the Hawaii State Constitution, the legislature has the authority to "vest in one or more executive boards or commissions powers for the management of natural resources owned or controlled by the State". Presently, the department of land and natural resources, under the direction of the board of land and natural resources, remains as the principal agency tasked with natural resource management. However, other executive boards or commissions may share overlapping responsibilities related to natural resource management.

With the enactment of Act 255, Session Laws of Hawaii 2022 (Act 255), the legislature vested certain natural resource management powers to the newly established Mauna Kea stewardship and oversight authority for lands identified and defined as "Mauna Kea lands" pursuant to Act 255. Following a five-year transition period, the Mauna Kea stewardship and oversight authority will acquire the powers and duties previously held by the board of land and natural resources pursuant to chapter 171, Hawaii Revised Statutes, and the land use commission pursuant to chapter 205, Hawaii Revised Statutes, as pertaining to the Mauna Kea lands. However, this transition period is unclear as to the board of land and natural resources and department of land and natural resources' responsibility for lands within the state conservation district, including lands identified and defined as "Mauna Kea lands". Therefore, further clarification between the Mauna Kea stewardship and oversight authority's and the board of land and natural resources' jurisdiction is needed to protect the State's precious natural resources.

Accordingly, the purpose of this Act is to clarify that:

(1) All powers and duties of the board of land and natural resources and the department of land and natural resources pursuant to chapters 171 and 183C, Hawaii Revised Statutes, pertaining to areas designated under the state conservation district on Mauna Kea lands, shall be retained and shall not be transferred to the Mauna Kea stewardship and oversight authority upon the expiration of the five-year transition period pursuant to Act 255, Session Laws of Hawaii 2022; and

(2) The natural resource management enforcement and emergency response of Mauna Kea lands shall remain the responsibility of the division of conservation and resources enforcement of the department of land and natural resources beyond the expiration of the five-year transition period pursuant to Act 255, Session Laws of Hawaii 2022.

SECTION 2. Section 183C-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§183C-3[]] Powers and duties of the board and department. (a) The board and department shall:

(1) Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;

(2) Identify and appropriately zone those lands classified within the conservation district;

(3) Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;

(4) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;

(5) Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;

(6) Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and

(7) Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department.

(b) All powers and duties of the board and department pursuant to this chapter and chapter 171, pertaining to areas designated under the state conservation district on Mauna Kea lands, shall be retained and shall not be transferred to the Mauna Kea stewardship and oversight authority or any other entity upon the expiration of the five-year transition period pursuant to Act 255, Session Laws of Hawaii 2022."

SECTION 3. Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter. The authority shall serve jointly with the University of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6. The authority shall be placed within the department of land and natural resources for administrative purposes[~~; provided that section 26-35 shall not apply to the authority~~]."

SECTION 4. Section 195H-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Notwithstanding any other law to the contrary, the authority shall:

(1) Be the principal authority for the management of state-managed lands within the Mauna Kea lands; provided that the natural resource management enforcement and emergency response of these lands shall remain the responsibility of the division of conservation and resources enforcement of the department of land and natural resources beyond the expiration of the five-year transition period pursuant to Act 255, Session Laws of Hawaii 2022;

(2) Provide oversight and protect traditional and customary Native Hawaiian rights, as set forth in the Hawaii State Constitution, and not unduly burden individuals exercising these rights;

(3) Establish a process that provides and ensures transparency, analysis, and justification for lease terms of its land and monetary consideration that is equitable, feasible, and financially sustainable;

(4) Be prohibited from selling, gifting, transferring, or exchanging land under its control;

(5) Engage in community dialogue, outreach, engagement, and consultation processes, as appropriate, on significant matters on at least an annual basis and more frequently, as needed; and

(6) Consider various supplemental revenue sources to be deposited into the Mauna Kea management special fund, to the extent permitted by law."

SECTION 5. Section 195H-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Notwithstanding any law to the contrary, all powers and duties of the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, concerning permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands are transferred to the authority upon the expiration of the transition period; provided that the transfer of [~~such~~] the powers and duties from the board of land and natural resources and the land use commission may occur earlier, upon approval of the authority, the board of land and natural resources, and the land use commission. Upon the expiration of the transition period, the authority shall carry out the powers and duties otherwise conferred upon the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, with regard to permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands[.]; provided that all powers and duties of the board of land and natural resources and the department of land and natural resources pursuant to chapters 171 and 183C, pertaining to areas designated under the state conservation district on Mauna Kea lands, shall be retained and shall not be transferred to the Mauna Kea stewardship and oversight authority upon the expiration of the five-year transition period pursuant to Act 255, Session Laws of Hawaii 2022; provided further that the board of land and natural resources shall uphold its affirmative and non-transferable duty to protect the traditional and customary rights of native Hawaiians as provided in article 7 of the Hawaii State Constitution; provided further that the natural resource management enforcement and emergency response of Mauna Kea lands shall remain the responsibility of the division of conservation and resources enforcement of the department of land and natural resources beyond the expiration of the five-year transition period pursuant to Act 255, Session Laws of Hawaii 2022."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2025.

THE SENATE	S.B. NO.	2297
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII