REPORT TITLE:
Resource Value Lands


DESCRIPTION:
Allows for the improvement and restoration of resource value
lands acquired by the State.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.393        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO RESOURCE VALUE LANDS.



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

 1      SECTION 1.  Chapter 173A, Hawaii Revised Statutes, is
 
 2 amended by amending its title to read as follows:
 
 3                         "[[]CHAPTER 173A
 
 4           ACQUISITION, IMPROVEMENT, AND RESTORATION OF
 
 5                     RESOURCE VALUE LANDS[]]"
 
 6      SECTION 2.  Section 173A-1, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]173A-1[]]  Purpose.  The State has provided for the
 
 9 regulation of land use and development throughout the State under
 
10 the provisions of the land use law, and has provided through that
 
11 law for the controlled regulation of land use and development of
 
12 lands which have natural, environmental, ecological,
 
13 recreational, hazard mitigation, scenic, cultural, or historic
 
14 value.  However, these lands, though protected by the land use
 
15 law, may in many instances require placement under public
 
16 ownership and management, or where these lands are already under
 
17 public ownership, require improvement or restoration, in order
 
18 that they can serve various functions, including hazard
 
19 mitigation, recreation, cultural appreciation, and ecological
 

 
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 1 well-being, and generally be made accessible to all of the people
 
 2 of the State.  The purpose of this chapter is to provide for the
 
 3 acquisition [and], management, improvement, or restoration of
 
 4 such lands in those instances in which such acquisition [and],
 
 5 management [are], improvement, or restoration is considered
 
 6 necessary by the State."
 
 7      SECTION 3.  Section 173A-2, Hawaii Revised Statutes, is
 
 8 amended by amending the definition of "land having value as a
 
 9 resource to the State" to read as follows:
 
10      ""Land having value as a resource to the State" includes
 
11 land having natural, environmental, recreational, ecological,
 
12 hazard mitigation, scenic, cultural, or historic value, and may
 
13 also include [park] parks, beaches, shore areas, and trail
 
14 systems [which] that provide access to any such land."
 
15      SECTION 4.  Section 173A-3, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]173A-3[]]  Resource land [acquisition] plan.  The
 
18 department [may] shall prepare and from time to time revise [a
 
19 plan] plans for the acquisition, management, improvement, or
 
20 restoration of land having value as a resource to the State.
 
21 [This plan] These plans shall guide the board in acquiring,
 
22 managing, improving, or restoring such land in the exercise of
 
23 its powers under this chapter[.] and shall designate land having
 

 
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 1 value as a resource to the State for the purpose of generating
 
 2 revenue to carry out the purposes of this chapter.  In preparing
 
 3 [this plan] these plans the department may institute studies
 
 4 relating to the need for such land, and shall consider any plan
 
 5 relating to the acquisition, management, improvement, or
 
 6 restoration of such land which has been prepared by any state or
 
 7 county agency."
 
 8      SECTION 5.  Section 173A-4, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  Subject to the approval of the governor, the board may
 
11 acquire, by purchase, gift, or the exercise of the power of
 
12 eminent domain as authorized by chapter 101, any land having
 
13 value as a resource to the State.  Such acquisition is hereby
 
14 declared to be for [a] public use[.] and benefit."
 
15      SECTION 6.  Section 173A-5, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]173A-5[]]  Fund for the environment.(a)  A fund for
 
18 the environment, hereinafter called "fund," is hereby
 
19 established[.] in the department to carry out the purposes of
 
20 this chapter.
 
21      (b)  [The proceeds from the sale of any general obligation
 
22 bonds, authorized and issued for purposes of this chapter, shall
 
23 be deposited in or credited to the fund. 
 

 
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 1      (c)  Any net proceeds or revenue from the operation,
 
 2 management, sale, lease, or other disposition of land or the
 
 3 improvements on such land, acquired or constructed by the board
 
 4 under the provisions of this chapter, shall also be deposited in
 
 5 or credited to the fund.]
 
 6      The following proceeds shall be retained by or transmitted
 
 7 to the department for deposit into the fund:
 
 8      (1)  Proceeds from the sale of any general obligation bonds,
 
 9           authorized and issued for purposes of acquisition,
 
10           restoration, improvement, and management of land having
 
11           value as a resource to the State;
 
12      (2)  Net proceeds or revenues from the operation,
 
13           management, sale, or lease, or other disposition of
 
14           land designated by the resource land plan as land
 
15           having resource value to the State or the improvements
 
16           on that land, acquired or constructed by the board
 
17           under this chapter;
 
18      (3)  Proceeds or revenues from the lease of land as provided
 
19           in chapter 171 for a shoreline structure, meaning
 
20           seawall or revetment;
 
21      (4)  Fines collected for unauthorized shoreline structures
 
22           on state submerged land or conservation district land;
 
23      (5)  Appropriations by the legislature to the fund, private
 

 
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 1           donations, or federal funds; and
 
 2      (6)  Fees collected for the processing of applications for
 
 3           coastal and beach erosion control projects."
 
 4      SECTION 7.  Section 173A-7, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]173A-7[]]  Administration and management.  The board
 
 7 shall, subject to [chapter] chapters 171, 205, and 205A,
 
 8 administer, maintain, and manage any land acquired [under the
 
 9 provisions of], improved, or restored pursuant to this chapter,
 
10 may charge such fees for the use of any such land as it considers
 
11 to be reasonable, and may construct on such land any improvement
 
12 which it deems to be necessary to carry out the purposes of this
 
13 chapter.  The board may adopt and from time to time amend
 
14 [regulations] rules implementing [the provisions of] this
 
15 chapter."
 
16      SECTION 8.  Section 173A-8, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]173A-8[]]  Development of land acquired by the board.
 
19 On the land acquired under this chapter the board may undertake
 
20 any development which is consistent with the land use law and all
 
21 other laws applicable to the land and development.
 
22      For purposes of this section, "development" includes (1) any
 
23 building or mining operation; (2) any material change in use,
 

 
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 1 intensity of use, or appearance of any structure or land[;], fast
 
 2 or submerged; or (3) the division of land into two or more
 
 3 parcels."
 
 4      SECTION 9.  Section 173A-9, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]173A-9[]]  Grants to counties.  Subject to the approval
 
 7 of the governor, the board may make grants to counties from
 
 8 available funds for the purchase or acquisition by eminent domain
 
 9 of land having value as a resource to the State and approved for
 
10 purchase or acquisition by the board.  Any land so acquired by
 
11 any county may, subject to [chapter] chapters 171, 205, and 205A,
 
12 be sold, leased, or otherwise disposed of with the prior written
 
13 approval of the board.  Subject to the approval of the board,
 
14 grants may be made available to the counties from available funds
 
15 for the restoration of degraded lands having value as a resource
 
16 to the State."
 
17      SECTION 10.  Section 173A-11, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]173A-11[]]  General powers.  In carrying out its
 
20 functions under this chapter the board may do all things
 
21 necessary, useful, and convenient in connection with the
 
22 acquisition, administration, maintenance, improvement,
 
23 restoration, and management of lands having value as a resource
 

 
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 1 to the State, subject to all applicable laws, and may provide any
 
 2 necessary assistance to any county or nongovernmental
 
 3 organization in the acquisition, improvement, or restoration of
 
 4 land having value as a resource to the State.  The authority to
 
 5 acquire land which is conferred by this chapter is in addition
 
 6 and supplemental to any authority to acquire land which is
 
 7 conferred on the board by any other chapter."
 
 8      SECTION 11.  Section 173A-12, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]173A-12[]]  Federal and other grants.  The board and
 
11 any county may comply with any condition, regulation,
 
12 restriction, or requirement imposed by the United States or any
 
13 other governmental agency, or by any person in any program
 
14 providing grants or other funds for the acquisition, improvement,
 
15 or restoration of land having value as a resource to the State."
 
16      SECTION 12.  There is appropriated out of the special land
 
17 and development fund the sum of $          , or so much thereof
 
18 as may be necessary for fiscal year 1999-2000, for deposit into
 
19 the fund for the environment created in section 173A-5, Hawaii
 
20 Revised Statutes.
 
21       SECTION 13.  There is appropriated out of the fund for the
 
22 environment the sum of $          , or so much thereof as may be
 
23 necessary for fiscal year 1999-2000, for the management,
 

 
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 1 improvement, or restoration of resource value lands.  The sum
 
 2 appropriated shall be expended by the department of land and
 
 3 natural resources for the purposes of this Act.
 
 4      SECTION 14.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 15.  This Act shall take effect upon its approval;
 
 7 provided that sections 12 and 13 shall take effect on July 1,
 
 8 1999.
 
 9 
 
10                           INTRODUCED BY:  _______________________
 

 
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