THE SENATE

S.B. NO.

580

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND USE.

 

 

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

 

     Section 1.  The purpose of this Act is to transfer the office of planning and sustainable development from the department of business, economic development, and tourism to the department of land and natural resources.

     SECTION 2.  Section 171-3, Hawaii Revised Statutes, is amended to read as follows:

     "§171-3  Department of land and natural resources.  (a)  The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources.  The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law.  The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.

     (b)  Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture.

     (c)  The department shall have jurisdiction over state planning under chapter 225M and the Hawaii State Planning Act under chapter 226.  Due to the inherently interdependent functions of development, planning, and land use, these functions shall not be transferred by executive order, directive, or memorandum, to any other department, nor shall these functions be subject to review or approval by any other department."

     SECTION 3.  Section 201-2, Hawaii Revised Statutes, is amended to read as follows:

     "§201-2  General objective, functions, and duties of department.  [(a)]  It shall be the objective of the department of business, economic development, and tourism to make broad policy determinations with respect to economic development in the State and to stimulate through research and demonstration projects those industrial and economic development efforts that offer the most immediate promise of expanding the economy of the State.  The department shall endeavor to gain an understanding of those functions and activities of other governmental agencies and of private agencies that relate to the field of economic development.  It shall, at all times, encourage initiative and creative thinking in harmony with the objectives of the department.

     [(b)  The department of business, economic development, and tourism shall have jurisdiction over state planning under chapter 225M and the Hawaii State Planning Act under chapter 226.  Due to the inherently interdependent functions of development, planning, and land use, these functions shall not be transferred by executive order, directive, or memorandum, to any other department, nor shall these functions be subject to review or approval by any other department.]"

     SECTION 4.  Section 225M-1, Hawaii Revised Statutes, is amended to read as follows:

     "§225M-1  Purpose.  The purpose of this chapter is to establish an office of planning and sustainable development to assist the governor; the chairperson of the board of land and natural resources; the director of business, economic development, and tourism; the legislature; and state and county agencies in maintaining an overall framework to guide the development of the State through a continuous process of comprehensive, long-range, and strategic planning to meet the physical, economic, and social needs of Hawaii's people, and provide for the wise use of Hawaii's resources in a coordinated, efficient, and economical manner, including the conservation of those natural, environmental, recreational, scenic, historic, and other limited and irreplaceable resources [which] that are required for future generations.

     The establishment of an office of planning and sustainable development in the [department of business, economic development, and tourism,] department of land and natural resources, for administrative purposes, is intended to:

     (1)  Fix responsibility and accountability to successfully carry out statewide planning programs, policies, and priorities;

     (2)  Improve the efficiency and effectiveness of the operations of the executive branch; and

     (3)  Ensure comprehensive planning and coordination to enhance the quality of life of the people of Hawaii."

     SECTION 5.  Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the office of planning and sustainable development within the department of [business, economic development, and tourism] land and natural resources for administrative purposes only.  The head of the office shall be known as the director of the office of planning and sustainable development and referred to in this chapter as director.  The director shall have:

     (1)  Training in the field of urban or regional planning, public administration, or other related fields;

     (2)  Experience in programs or services related to governmental planning; and

     (3)  Experience in a supervisory, consultative, or administrative capacity.

The director shall be nominated by the governor and, by and with the advice and consent of the senate, appointed by the governor without regard to chapter 76, and shall be compensated at a salary level set by the governor.  The director shall be included in any benefit program generally applicable to the officers and employees of the State.  The director may retain staff as may be necessary for the purposes of this chapter, in conformity with chapter 76.  The director shall report to the [director of business, economic development, and tourism] chairperson of the board of land and natural resources and shall not be required to report directly to any other principal executive department.  The director may also employ staff without regard to chapter 76, as authorized in this chapter and as may be necessary."

     SECTION 6.  Section 225M-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Every state department, county agency, or other public or private agency or individual providing planning programs and services shall be encouraged to participate actively in the activities of the office of planning and sustainable development.  The executive heads of all state departments and agencies shall cooperate with the office of planning and sustainable development by providing information as the governor and the [director of business, economic development, and tourism] chairperson of the board of land and natural resources deem necessary for the effective discharge of its duties."

     SECTION 7.  Section 225M-4, Hawaii Revised Statutes, is amended to read as follows:

     "§225M-4  Allocation of funds.  Any of the agencies of the State to which general or special appropriations are made, or a part of whose budget contains an allocation, or which makes an allocation of funds for planning and research, shall consult with the office of planning and sustainable development to ensure that all expenditures are in accordance with, or in furtherance of the goals and objectives of the Hawaii state plan.  After first consulting with the [director of business, economic development, and tourism,] chairperson of the board of land and natural resources, the governor may withhold the expenditure of these funds by any agency until the governor is satisfied that the expenditures will implement those goals and objectives."

     SECTION 8.  All rights, powers, functions, and duties of the department of business, economic development, and tourism, as they relate to the office of planning and sustainable development are transferred to the department of land and natural resources.

     All employees who occupy civil service positions and whose functions are transferred to the department of land and natural resources by this Act shall retain their civil service status, whether permanent or temporary.  Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act.  An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws.  The chairperson of the board of land and natural resources may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

     SECTION 9.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of business, economic development, and tourism relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

 

Report Title:

Office of Planning and Sustainable Development; DBEDT; DLNR; Transfer

 

Description:

Transfers the Office of Planning and Sustainable Development from the Department of Business, Economic Development, and Tourism to the Department of Land and Natural Resources.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.