THE SENATE

S.B. NO.

2003

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NATURAL RESOURCE MANAGEMENT.

 

 

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

 

PART I

     SECTION 1.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 18 to read as follows:

     "SECTION 18.  This Act shall take effect on July 1, 2022; provided that [part]:

     (1)  Part IV shall take effect on July 1, 2028[.]; and

     (2)  If the auditor finds, in the report required under section 6 of this Act, that the transfer of authority, responsibility, and duties pursuant to this Act is not substantially complete, then on December 31, 3031:

          (A)  Parts II, III, and IV of this Act shall be repealed and sections 28-8.3, 76-16, and chapter 304A, part IV, subpart O, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; provided further that the amendments made to section 76-16, Hawaii Revised Statutes, by:

               (i)  Section 2 of Act 42, Session Laws of Hawaii 2023;

              (ii)  Section 2 of Act 186, Session Laws of Hawaii 2023;

             (iii)  Section 2 of Act 66, Session Laws of Hawaii 2024;

              (iv)  Section 1 of Act 79, Session Laws of Hawaii 2024;

               (v)  Section 2 of Act 131, Session Laws of Hawaii 2024;

              (vi)  Section 2 of Act 165, Session Laws of Hawaii 2024;

             (vii)  Section 3 of Act 209, Session Laws of Hawaii 2024;

            (viii)  Section 2 of Act 247, Session Laws of Hawaii 2024;

              (ix)  Section 1 of Act 57, Session Laws of Hawaii 2025;

               (x)  Section 1 of Act 132, Session Laws of Hawaii 2025; and

              (xi)  Section 5 of Act 302, Session Laws of Hawaii 2025,

               shall not be repealed when section 76-16, Hawaii Revised Statutes, is reenacted on December 31, 2031, pursuant to this subparagraph; and

          (B)  Management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, shall revert to the university of Hawaii."

PART II

     SECTION 2.  (a)  Notwithstanding any other law to the contrary:

     (1)  The lease between the board of land and natural resources and the university of Hawaii that was entered into on June 21, 1968, as General Lease S‑4191, as amended on September 21, 1999, as General Lease S-5529, and that is transferred to the Mauna Kea stewardship and oversight authority pursuant to part II of Act 255, Session Laws of Hawaii 2022; and

     (2)  Any other lease or easement between the board of land and natural resources and the university of Hawaii pertaining to Mauna Kea lands that is currently in effect, expires on December 31, 2033, and is transferred to the Mauna Kea stewardship and oversight authority pursuant to part II of Act 255, Session Laws of Hawaii 2022,

shall be extended, by operation of law, for a period of ten years, to expire on December 31, 2043; provided that nothing in this subsection shall be construed to amend, or authorize the amendment of, any other term or provision within the respective lease or easement except for the date upon which the lease or easement expires; provided further that nothing in this subsection shall be construed to affect the transfer of powers, functions, and duties from the university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to part II of Act 255, Session Laws of Hawaii 2022, or the Mauna Kea stewardship and oversight authority's power to manage Mauna Kea lands after the end of the transition period pursuant to section 195H-7, Hawaii Revised Statutes, or any other law.

     (b)  Notwithstanding section 195H-6(f), Hawaii Revised Statutes, or any other law to the contrary, and subject to the agreement of the respective astronomical observatory, all subleases of Mauna Kea lands to astronomical observatories shall be extended for a period of ten years, to expire on December 31, 2043; provided that nothing in this subsection shall be construed to amend, or authorize the amendment of, any other term or provision within a respective sublease except for the date upon which the sublease expires.

     (c)  For the purposes of this section:

     "Astronomical observatory" means any person or entity that leases any portion of Mauna Kea lands for the purpose of operating a telescope observatory or for other astronomical research purposes.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

 

 

 

Report Title:

Mauna Kea Lands; UH; MKSOA; Auditor; Act 255, SLH 2022; Leases; Subleases; Extension

 

Description:

Provides for the repeal of the Mauna Kea Stewardship and Oversight Authority and reversion of management authority over Mauna Kea lands to the University of Hawaii upon a recommendation from the Auditor that the Authority is unfit to continue management of Mauna Kea lands.  Authorizes the Authority to extend existing leases and subleases for up to an additional ten-year term.  Effective 7/1/2050.  (SD1)

 

 

 

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