REPORT TITLE:
Stewardship & Partnership Program


DESCRIPTION:
Establishes the stewardship and partnering program within the
office of environmental quality control (SB953 HD1)

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


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

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

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

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

 
 
 
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 1 this amount the sum of $15,000 shall be made available for a
 
 2 protocol fund to be expended at the discretion of the
 
 3 administrator; and provided further that moneys in the
 
 4 environmental special fund shall be used for the salaries and
 
 5 expenses of the program.
 
 6      341-C  Exemption of program from taxation and Hawaii public
 
 7 procurement code.  (a)  All revenues and receipts derived by the
 
 8 program from any project, a project agreement, or other agreement
 
 9 pertaining thereto shall be exempt from all state taxation.  Any
 
10 right, title, and interest of the program in any project shall
 
11 also be exempt from all state taxation.  Except as otherwise
 
12 provided by law, the interest of a qualified person or other user
 
13 of a project, a project agreement, or other agreements related to
 
14 a project shall not be exempt from taxation to a greater extent
 
15 than it would be if the costs of the project were directly
 
16 financed by the qualified person or user.  
 
17      (b)  The program shall not be subject to chapter 103D and
 
18 any and all other requirements of law for competitive bidding for
 
19 project agreements, construction contracts, lease and sublease
 
20 agreements, or other contracts unless a project agreement with
 
21 respect to a project otherwise shall require.  
 

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

 
 
 
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 1 the State, which court is hereby vested with original
 
 2 jurisdiction over the action.  Notwithstanding any provision of
 
 3 law to the contrary, declaratory relief from the supreme court
 
 4 may be obtained for any action.  
 
 5      341-G  Assistance to the stewardship and partnering
 
 6 program.  Beginning July 1, 1999, the office shall provide
 
 7 assistance to the program."  
 
 8      SECTION 2.  Section 341-2, Hawaii Revised Statutes, is
 
 9 amended by adding two new definitions to be appropriately
 
10 inserted and to read as follows:
 
11      ""Administrator" means the administrator of the program.
 
12      "Program" means the stewardship and partnering program
 
13 established in section 341-A."
 
14      SECTION 3.  Section 36-27, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "36-27  Transfers from special funds for central service
 
17 expenses.  Except as provided in this section, and
 
18 notwithstanding any other law to the contrary, from time to time
 
19 the director of finance, for the purpose of defraying the
 
20 prorated estimate of central service expenses of government in
 
21 relation to all special funds, except the:
 

 
 
 
 
 
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 1      (1)  Special summer school and intersession fund under
 
 2           section 302A-1310;
 
 3      (2)  School cafeteria special funds of the department of
 
 4           education;
 
 5      (3)  Special funds of the University of Hawaii;
 
 6      (4)  State educational facilities improvement special fund;
 
 7      (5)  Convention center capital special fund under section
 
 8           206X-10.5 and the convention center operations special
 
 9           fund under section 206X-10.6;
 
10      (6)  Special funds established by section 206E-6;
 
11      (7)  Housing loan program revenue bond special fund;
 
12      (8)  Housing project bond special fund;
 
13      (9)  Aloha Tower fund created by section 206J-17;
 
14     (10)  Domestic violence prevention special fund under section
 
15           321-1.3;
 
16     (11)  Spouse and child abuse special account under section
 
17           346-7.5;
 
18     (12)  Spouse and child abuse special account under section
 
19           601-3.6;
 
20     (13)  Funds of the employees' retirement system created by
 
21           section 88-109;
 

 
 
 
 
 
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 1     (14)  Unemployment compensation fund established under
 
 2           section 383-121;
 
 3     (15)  Hawaii hurricane relief fund established under chapter
 
 4           431P;
 
 5     (16)  Hawaii health systems corporation special funds;
 
 6     (17)  Boiler and elevator safety revolving fund established
 
 7           under section 397-5.5;
 
 8     (18)  Tourism special fund established under section
 
 9           [[]201B-11[]]; [and]
 
10     (19)  Department of commerce and consumer affairs' special
 
11           funds; and
 
12     (20)  Environmental special fund established under section
 
13           341-B;
 
14 shall deduct five per cent of all receipts of all other special
 
15 funds, which deduction shall be transferred to the general fund
 
16 of the State and become general realizations of the State.  All
 
17 officers of the State and other persons having power to allocate
 
18 or disburse any special funds shall cooperate with the director
 
19 in effecting these transfers.  To determine the proper revenue
 
20 base upon which the central service assessment is to be
 
21 calculated, the director shall adopt rules pursuant to chapter 91
 
22 for the purpose of suspending or limiting the application of the
 

 
 
 
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 1 central service assessment of any fund.  No later than twenty
 
 2 days prior to the convening of each regular session of the
 
 3 legislature, the director shall report all central service
 
 4 assessments made during the preceding fiscal year."
 
 5      SECTION 4.  Section 36-30, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Each special fund, except the:
 
 8      (1)  Transportation use special fund established by section
 
 9           261D-1;
 
10      (2)  Special summer school and intersession fund under
 
11           section 302A-1310;
 
12      (3)  School cafeteria special funds of the department of
 
13           education;
 
14      (4)  Special funds of the University of Hawaii;
 
15      (5)  State educational facilities improvement special fund;
 
16      (6)  Special funds established by section 206E-6;
 
17      (7)  Aloha Tower fund created by section 206J-17;
 
18      (8)  Domestic violence prevention special fund under section
 
19           321-1.3;
 
20      (9)  Spouse and child abuse special account under section
 
21           346-7.5;
 

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

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

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

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

 
 
 
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 1 pertinent disciplines and professions, [such as] including the
 
 2 natural and social sciences, the humanities, architecture,
 
 3 engineering, environmental consulting, public health, and
 
 4 planning; educational and research institutions with
 
 5 environmental competence; and landowner, agriculture, real
 
 6 estate, visitor industry, construction, media, [and voluntary
 
 7 community] the native Hawaiian community, and environmental
 
 8 groups.  The members of the council shall serve without
 
 9 compensation but shall be reimbursed for expenses, including
 
10 travel expenses, incurred in the discharge of their duties."
 
11      SECTION 7.  Section 341-6. Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "341-6 Functions of the environmental council.  The
 
14 council shall serve as a liaison between the director, the
 
15 administrator, and the general public by soliciting information,
 
16 opinions, complaints, recommendations, and advice concerning
 
17 ecology and environmental quality through public hearings or any
 
18 other means and by publicizing such matters as requested by the
 
19 director pursuant to section 341-4(b)(3).  The council may make
 
20 recommendations concerning ecology and environmental quality to
 
21 the director and shall meet at the call of the council
 
22 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;
 
16      (2)  Adopt rules in accordance with chapter 91 with respect
 
17           to its projects, operations, properties, and facilities
 
18           for the program; and
 
19      (3)  Include the impacts of that program in its annual
 
20           report to the legislature."
 
21      SECTION 8.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $1 or so much thereof
 

 
 
 
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 1 as may be necessary for fiscal year 1999-2000 and $1 or so much
 
 2 thereof as may be necessary for fiscal year 2000-2001 to be paid
 
 3 into the environmental special fund created in section 341-B,
 
 4 Hawaii Revised Statutes.
 
 5      The sums appropriated shall be expended by the office of
 
 6 environmental quality control for the purposes of this Act.
 
 7      SECTION 9.  In codifying the new sections added to chapter
 
 8 341, Hawaii Revised Statutes, of this Act, the revisor of
 
 9 statutes shall substitute appropriate section numbers for the
 
10 letters used in designating the new sections in this Act.
 
11      SECTION 10.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 11.  This Act shall take effect upon its approval;
 
14 provided that:
 
15      (1)  The amendments made to sections 36-27 and 36-30 by this
 
16           Act shall not be repealed when those sections are
 
17           reenacted on July 1, 2000, pursuant to section 13 of
 
18           Act 216, Session Laws of Hawaii 1997; and
 
19      (2)  The amendments made to section 36-27 by this Act shall
 
20           not be repealed when that section is reenacted on July
 
21           31, 2003, pursuant to section 9 of Act 142, Session
 
22           Laws of Hawaii 1998.