REPORT TITLE:
Stewardship & Partnership Program


DESCRIPTION:
Establishes the stewardship and partnering program within the
office of environmental quality control. (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        953
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO NATURAL AND CULTURAL RESOURCES.



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

 1      SECTION 1.  Chapter 341, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:  
 
 4           "PART   .  STEWARDSHIP AND PARTNERING PROGRAM
 
 5      341-A  Stewardship and partnering program; establishment.
 
 6 (a)  There is created within the office a stewardship and
 
 7 partnering program, which shall be headed by an administrator who
 
 8 shall be appointed by the council.  
 
 9      (b)  The administrator shall have a minimum of five years of
 
10 knowledge and experience in establishing, administering, and
 
11 managing land and community stewardship and partnering programs.  
 
12      (c)  The salary of the administrator shall be as provided in
 
13 section 26-53.  
 
14      (d)  The administrator shall, with the advice and approval
 
15 of the council:  
 
16      (1)  Make and execute contracts, and all other instruments
 
17           necessary or convenient for the exercise of the powers
 
18           and functions under this section, including acquiring
 
19           interests in real property as provided for in section
 

 
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 1           341-C;  
 
 2      (2)  Represent the program in communications with the
 
 3           governor and the legislature;  
 
 4      (3)  Appoint agents and employees, prescribe their duties
 
 5           and qualifications, and fix their salaries, without
 
 6           regard to chapters 76, 77, and 78;  
 
 7      (4)  Purchase supplies, equipment, or furniture for the
 
 8           program;  
 
 9      (5)  Through the director allocate the space or spaces to be
 
10           occupied by the program and appropriate staff;  
 
11      (6)  Engage the services of consultants on a contractual
 
12           basis for rendering professional and technical
 
13           assistance and advice;  
 
14      (7)  Contract for, and accept gifts or grants in any form
 
15           from any public agency or any other source;  
 
16      (8)  Award grants and loans to profit and nonprofit non-
 
17           governmental organizations and to government entities
 
18           to:
 
19           (A)  Revitalize and protect natural and cultural
 
20                resources; and
 
21           (B)  Integrate activities relating to development and
 
22                natural and cultural resource protection;  
 
23      (9)  Facilitate the resolution of conflicts between
 

 
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 1           proponents of development and natural and cultural
 
 2           resource conservation and management;  
 
 3     (10)  Leverage public resources by seeking private funding,
 
 4           in-kind matches, and other funding sources;  
 
 5     (11)  Create partnerships and enhance the capacity for
 
 6           community-based cultural and natural resource
 
 7           stewardship;  
 
 8     (12)  Support innovative approaches to integrating human
 
 9           activities and natural and cultural resources;  
 
10     (13)  Enhance and encourage the development of locally-owned
 
11           businesses and quality employment opportunities for
 
12           Hawaii's residents in the fields of natural and
 
13           cultural resources;  
 
14     (14)  Facilitate the acquisition of lands to:
 
15           (A)  Mitigate coastal hazards;
 
16           (B)  Preserve pristine coastlines, forests, riparian
 
17                areas, and other areas;
 
18           (C)  Restore wildlife habitat and riparian areas which
 
19                have been significantly degraded;
 
20           (D)  Improve access to cultural resources where access
 
21                has been diminished;
 
22           (E)  Maintain open space; and
 
23           (F)  Preserve prime agricultural or other lands and
 

 
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 1                resources, the unprotected status of which is
 
 2                impeding orderly development and sound
 
 3                stewardship;  
 
 4     (15)  Provide technical assistance to communities, nonprofit
 
 5           organizations, government agencies, and citizens to
 
 6           create public/private partnerships for the stewardship
 
 7           of the cultural and natural resources; and
 
 8     (16)  Do any and all things necessary to carry out its
 
 9           purposes and exercise the powers given and granted in
 
10           this section.
 
11      (e)  All activities and projects of the program shall be
 
12 consistent with the policies set forth in chapter 344, the
 
13 statewide environmental policy.
 
14      (f)  The program shall be funded by the environmental
 
15 special fund as established in section 341-B.  
 
16      341-B  Environmental special fund.  (a)  There is
 
17 established in the state treasury the environmental special fund,
 
18 into which shall be deposited:  
 
19      (1)  Appropriations by the legislature; and
 
20      (2)  Gifts, grants, and other funds accepted by the program.
 
21      (b)  Moneys in the environmental special fund may be placed
 
22 in interest-bearing accounts or otherwise invested by the program
 
23 until such time as the moneys may be needed.  All interest
 

 
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 1 accruing from the investment of these moneys shall be credited to
 
 2 the environmental special fund.  
 
 3      (c)  Moneys in the environmental special fund shall be used
 
 4 by the program for the purposes of this part; provided that
 
 5 moneys in the environmental special fund shall be used for the
 
 6 salaries and expenses of the program.
 
 7      341-C  Acquisition of interest in real property.(a)  If
 
 8 any state, local, or federal public agency or any nonprofit
 
 9 organization is unable, due to limited financial resources or
 
10 other circumstances of a temporary nature, to acquire an interest
 
11 in real property for the purposes enumerated in section 341-
 
12 A(d)(14), the program, with the consent of the council, may
 
13 acquire and hold a site as provided in section 341-A(d)(1), for
 
14 subsequent conveyance to the appropriate public agency or
 
15 nonprofit corporation.  The program may provide technical
 
16 assistance that is required to aid public agencies and nonprofit
 
17 organizations in completing the acquisition and related
 
18 functions.
 
19      (b)  Where a nonprofit corporation or another public agency
 
20 is better situated than the program to acquire temporarily a site
 
21 for later acquisition by a federal, state, or local public agency
 
22 the program may loan the nonprofit organization or public agency
 
23 the necessary funds to accomplish the acquisition.  As a
 

 
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 1 condition of that loan, the nonprofit organization shall adhere
 
 2 to the procedures and restrictions imposed by the program in
 
 3 accomplishing the acquisition.
 
 4      (c)  The program shall not hold lands acquired in accordance
 
 5 with this section more than ten years from the time of
 
 6 acquisition.
 
 7      341-D  Exemption of program from taxation; Hawaii public
 
 8 procurement code; grants and subsidies.  (a)  All revenues and
 
 9 receipts derived by the program from any project, a project
 
10 agreement, or other agreement pertaining thereto shall be exempt
 
11 from all state taxation.  Any right, title, and interest of the
 
12 program in any project shall also be exempt from all state
 
13 taxation.  Except as otherwise provided by law, the interest of a
 
14 qualified person or other user of a project, a project agreement,
 
15 or other agreements related to a project shall not be exempt from
 
16 taxation to a greater extent than it would be if the costs of the
 
17 project were directly financed by the qualified person or user.  
 
18      (b)  The program shall not be subject to chapter 103D and
 
19 any and all other requirements of law for competitive bidding for
 
20 project agreements, construction contracts, lease and sublease
 
21 agreements, or other contracts unless a project agreement with
 
22 respect to a project otherwise shall require.  
 
23      (c)  The program shall not be subject to chapter 42F and any
 

 
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 1 and all other requirements of law for grants and subsidies.
 
 2      341-E  Assistance by state and county agencies.  Any state
 
 3 or county agency may render services upon request of the program.  
 
 4      341-F  Declaration of public function, purpose, and
 
 5 necessity.  The powers and functions granted to and exercised by
 
 6 the program under this part are declared to be public and
 
 7 governmental functions, exercised for a public purpose, and are
 
 8 matters of public necessity.  
 
 9      341-G  Court proceedings; preferences; venue.  Any action
 
10 or proceeding to which the program, the State, or a county may be
 
11 a party, in which any question arises as to the validity of this
 
12 part, shall be preferred over all other civil cases, except
 
13 election cases, in any court of this State and shall be heard and
 
14 determined in preference to all other civil cases pending therein
 
15 except election cases, irrespective of position on the calendar.
 
16 The same preference shall be granted upon application of counsel
 
17 to the program in any action or proceeding questioning the
 
18 validity of this part in which the program may be allowed to
 
19 intervene.  In addition to the preference provided in this
 
20 section, any action or proceeding to which the program, the
 
21 State, or a county may be party, in which any question arises as
 
22 to the validity of this part or any portion of this part, or any
 
23 action of the program may be filed in the supreme court of the
 

 
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 1 State, which court is hereby vested with original jurisdiction
 
 2 over the action.  Notwithstanding any provision of law to the
 
 3 contrary, declaratory relief from the supreme court may be
 
 4 obtained for any action.  
 
 5      341-H  Assistance to the stewardship and partnering
 
 6 program.  Beginning July 1, 1999, the office shall provide
 
 7 assistance to the program."  
 
 8      SECTION 2.  Chapter 341, Hawaii Revised Statutes, is amended
 
 9 by designating sections 341-1 to 341-6 as part I, entitled
 
10 "General Provisions".
 
11      SECTION 3.  Section 341-2, Hawaii Revised Statutes, is
 
12 amended by adding three new definitions to be appropriately
 
13 inserted and to read as follows:
 
14      ""Administrator" means the administrator of the stewardship
 
15 and partnering program.
 
16      "Natural and cultural resources" means the complex of
 
17 physical and biological conditions including but not limited to
 
18 land, air, water, minerals, flora, fauna, energy, noise, places
 
19 of historic or aesthetic significance, and traditional practices
 
20 and lifestyles of Hawaii's people, as they relate to
 
21 environmental quality.  
 
22      "Program" means the stewardship and partnering program
 
23 established in section 341-A."
 

 
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 1      SECTION 4.  Section 36-27, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "36-27  Transfers from special funds for central service
 
 4 expenses.  Except as provided in this section, and
 
 5 notwithstanding any other law to the contrary, from time to time
 
 6 the director of finance, for the purpose of defraying the
 
 7 prorated estimate of central service expenses of government in
 
 8 relation to all special funds, except the:
 
 9      (1)  Special summer school and intersession fund under
 
10           section 302A-1310;
 
11      (2)  School cafeteria special funds of the department of
 
12           education;
 
13      (3)  Special funds of the University of Hawaii;
 
14      (4)  State educational facilities improvement special fund;
 
15      (5)  Convention center capital special fund under section
 
16           206X-10.5 and the convention center operations special
 
17           fund under section 206X-10.6;
 
18      (6)  Special funds established by section 206E-6;
 
19      (7)  Housing loan program revenue bond special fund;
 
20      (8)  Housing project bond special fund;
 
21      (9)  Aloha Tower fund created by section 206J-17;
 
22     (10)  Domestic violence prevention special fund under section
 
23           321-1.3;
 

 
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 1     (11)  Spouse and child abuse special account under section
 
 2           346-7.5;
 
 3     (12)  Spouse and child abuse special account under section
 
 4           601-3.6;
 
 5     (13)  Funds of the employees' retirement system created by
 
 6           section 88-109;
 
 7     (14)  Unemployment compensation fund established under
 
 8           section 383-121;
 
 9     (15)  Hawaii hurricane relief fund established under chapter
 
10           431P;
 
11     (16)  Hawaii health systems corporation special funds;
 
12     (17)  Boiler and elevator safety revolving fund established
 
13           under section 397-5.5;
 
14     (18)  Tourism special fund established under section
 
15           [[]201B-11[]]; [and]
 
16     (19)  Department of commerce and consumer affairs' special
 
17           funds; and
 
18     (20)  Environmental special fund established under section
 
19           341-B;
 
20 shall deduct five per cent of all receipts of all other special
 
21 funds, which deduction shall be transferred to the general fund
 
22 of the State and become general realizations of the State.  All
 
23 officers of the State and other persons having power to allocate
 

 
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 1 or disburse any special funds shall cooperate with the director
 
 2 in effecting these transfers.  To determine the proper revenue
 
 3 base upon which the central service assessment is to be
 
 4 calculated, the director shall adopt rules pursuant to chapter 91
 
 5 for the purpose of suspending or limiting the application of the
 
 6 central service assessment of any fund.  No later than twenty
 
 7 days prior to the convening of each regular session of the
 
 8 legislature, the director shall report all central service
 
 9 assessments made during the preceding fiscal year."
 
10      SECTION 5.  Section 36-30, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  Each special fund, except the:
 
13      (1)  Transportation use special fund established by section
 
14           261D-1;
 
15      (2)  Special summer school and intersession fund under
 
16           section 302A-1310;
 
17      (3)  School cafeteria special funds of the department of
 
18           education;
 
19      (4)  Special funds of the University of Hawaii;
 
20      (5)  State educational facilities improvement special fund;
 
21      (6)  Special funds established by section 206E-6;
 
22      (7)  Aloha Tower fund created by section 206J-17;
 
23      (8)  Domestic violence prevention special fund under section
 

 
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 1           321-1.3;
 
 2      (9)  Spouse and child abuse special account under section
 
 3           346-7.5;
 
 4     (10)  Spouse and child abuse special account under section
 
 5           601-3.6;
 
 6     (11)  Funds of the employees' retirement system created by
 
 7           section 88-109;
 
 8     (12)  Unemployment compensation fund established under
 
 9           section 383-121;
 
10     (13)  Hawaii hurricane relief fund established under chapter
 
11           431P;
 
12     (14)  Convention center capital special fund established
 
13           under section 206X-10.5 and the convention center
 
14           operations special fund established under section
 
15           206X-10.6;
 
16     (15)  Hawaii health systems corporation special funds; [and]
 
17     (16)  Tourism special fund established under section
 
18           [[]201B-11[]]; and
 
19     (17)  Environmental special fund established under section
 
20           341-B;
 
21 shall be responsible for its pro rata share of the administrative
 
22 expenses incurred by the department responsible for the
 
23 operations supported by the special fund concerned."
 

 
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 1      SECTION 6.  Section 341-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]341-1[]]  Findings and purpose.  The legislature finds
 
 4 that the quality of the environment is as important to the
 
 5 welfare of the people of Hawaii as is the economy of the State.
 
 6 The legislature further finds that the determination of an
 
 7 optimum balance between economic development and environmental
 
 8 quality deserves the most thoughtful consideration, and that the
 
 9 maintenance of the optimum quality of the environment deserves
 
10 the most intensive care.  Additionally, the legislature finds
 
11 that with the downsizing of government operations and reduction
 
12 of past funding sources, approaches to ensure the protection of
 
13 Hawaii's environment require the partnering of public and private
 
14 resources to share the stewardship of our natural and cultural
 
15 resources.
 
16      The purpose of this chapter is to stimulate, expand, and
 
17 coordinate efforts to determine and maintain the optimum quality
 
18 of the environment of the State[.] for residents and visitors and
 
19 to enhance and facilitate communities to participate in the
 
20 effort to maintain, preserve, and protect the environment and for
 
21 the state, county, and federal governments, visitor industry, and
 
22 citizens to create partnerships for the long-term sustainability
 
23 and stewardship of Hawaii's environment.  Specifically, the
 

 
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 1 stewardship and partnering program shall:
 
 2      (1)  Leverage public resources by seeking private funding,
 
 3           in-kind matches, and other funding sources;
 
 4      (2)  Create partnerships and enhance the capacity for
 
 5           community-based cultural and natural resource
 
 6           stewardship;
 
 7      (3)  Support innovative approaches to integrating human
 
 8           activities and natural and cultural resources; and
 
 9      (4)  Enhance and encourage the development of locally-owned
 
10           businesses and quality employment opportunities for
 
11           Hawaii's residents in the fields of natural and
 
12           cultural resources."
 
13      SECTION 7.  Section 341-3, Hawaii Revised Statutes, is
 
14 amended as follows:
 
15      (1)  By amending subsection (a) to read:
 
16      "(a)  There is created an office of environmental quality
 
17 control which shall be headed by a single executive to be known
 
18 as the director of environmental quality control who shall be
 
19 appointed by the governor as provided in section 26-34.  This
 
20 office shall implement this chapter and shall be placed within
 
21 the department of health for administrative purposes.  The office
 
22 shall perform its duties under chapter 343 and section 341-A, and
 
23 shall serve the governor in an advisory capacity on all matters
 

 
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 1 relating to environmental quality control."
 
 2      (2)  By amending subsection (c) to read:
 
 3      "(c)  There is created an environmental council [not to
 
 4 exceed fifteen] that shall consist of sixteen members.  Except
 
 5 for the director, the chairperson of the board of land and
 
 6 natural resources, and the director of the office of planning,
 
 7 members of the environmental council shall be appointed by the
 
 8 governor as provided in section 26-34.  The council shall be
 
 9 attached to the department of health for administrative purposes.
 
10 Except for the director, the chairperson of the board of land and
 
11 natural resources, and the director of the office of planning,
 
12 the term of each member shall be four years[; provided that, of
 
13 the members initially appointed, five members shall serve for
 
14 four years, five members shall serve for three years, and the
 
15 remaining four members shall serve for two years].  Vacancies
 
16 shall be filled for the remainder of any unexpired term in the
 
17 same manner as original appointments.  The director, the
 
18 chairperson of the board of land and natural resources, and the
 
19 director of the office of planning shall be [an] ex officio
 
20 voting [member] members of the council.  The council chairperson
 
21 shall be elected by the council from among the appointed members
 
22 of the council.  A quorum shall be nine members.
 
23      Members shall be appointed to assure a broad and balanced
 

 
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 1 representation of educational, business, and environmentally
 
 2 pertinent disciplines and professions, [such as] including the
 
 3 natural and social sciences, the humanities, architecture,
 
 4 engineering, environmental consulting, public health, and
 
 5 planning; educational and research institutions with
 
 6 environmental competence; and landowner, agriculture, real
 
 7 estate, visitor industry, construction, media, [and voluntary
 
 8 community] the native Hawaiian community, and environmental
 
 9 groups.  The members of the council shall serve without
 
10 compensation but shall be reimbursed for expenses, including
 
11 travel expenses, incurred in the discharge of their duties."
 
12      SECTION 8.  Section 341-6, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "341-6 Functions of the environmental council.  The
 
15 council shall serve as a liaison between the director, the
 
16 administrator, and the general public by soliciting information,
 
17 opinions, complaints, recommendations, and advice concerning
 
18 ecology and environmental quality through public hearings or any
 
19 other means and by publicizing such matters as requested by the
 
20 director pursuant to section 341-4(b)(3).  The council may make
 
21 recommendations concerning ecology and environmental quality to
 
22 the director and shall meet at the call of the council
 
23 chairperson or the director upon notifying the council
 

 
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 1 chairperson.  The council shall monitor the progress of state,
 
 2 county, and federal agencies in achieving the State's
 
 3 environmental goals and policies and with the assistance of the
 
 4 director and administrator shall make an annual report with
 
 5 recommendations for improvement to the governor, the legislature,
 
 6 and the public no later than January 31 of each year.  All state
 
 7 and county agencies shall cooperate with the council and assist
 
 8 in the preparation of such a report by responding to requests for
 
 9 information made by the council.  The council may delegate to any
 
10 person such power or authority vested in the council as it deems
 
11 reasonable and proper for the effective administration of this
 
12 section and chapter 343, except the power to make, amend, or
 
13 repeal rules.  The council shall:
 
14      (1)  Advise the administrator on the implementation of the
 
15           program; and
 
16      (2)  Include the impacts of that program in its annual
 
17           report to the legislature."
 
18      SECTION 9.  Act 216, Session Laws of Hawaii 1997, is amended
 
19 by amending section 13 to read as follows:
 
20      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
21 and shall be repealed on June 30, 2000; provided that any
 
22 statutory or session law material in this Act in existence on
 
23 June 30, 1997, shall be reenacted on July 1, 2000, in the same
 

 
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 1 form in which it existed on June 30, 1997[.]; and provided
 
 2 further that amendments made to sections 36-27 and 36-30, Hawaii
 
 3 Revised Statutes, by Act    , Session Laws of Hawaii 1999, shall
 
 4 be retained."
 
 5      SECTION 10.  Act 142, Session Laws of Hawaii 1998, is
 
 6 amended by amending section 9 to read as follows:
 
 7      "SECTION 9.  This Act shall take effect upon its approval
 
 8 and shall be repealed on July 31, 2003, except that section 3 of
 
 9 this Act shall not be repealed; provided that sections 36-27 and
 
10 397-5(b), Hawaii Revised Statutes, shall be reenacted in the form
 
11 in which they read on the day before the approval of this Act[.];
 
12 provided further that amendments made to section 36-27, Hawaii
 
13 Revised Statutes, by section 4 of Act    , Session Laws of Hawaii
 
14 1999, shall be retained."
 
15      SECTION 11.  In codifying the new sections added to chapter
 
16 341, Hawaii Revised Statutes, by this Act, the revisor of
 
17 statutes shall substitute appropriate section numbers for the
 
18 letters used in designating the new sections in this Act.
 
19      SECTION 12.  In printing this Act, the revisor of statutes
 
20 shall insert the appropriate number of this Act in sections 9 and
 
21 10 of this Act.
 
22      SECTION 13.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 
24      SECTION 14.  This Act shall take effect upon its approval.