Report Title:

Land Conservation Commission

Description:

Establishes land conservation commission and land conservation trust fund. Requires one per cent of all state fund appropriations for capital improvements designated for the construction and renovation of state buildings to be deposited into the land conservation trust fund.

HOUSE OF REPRESENTATIVES

H.B. NO.

1951

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LAND CONSERVATION.

 

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

SECTION 1. The legislature finds that the preservation, protection, and enhancement of the State's land, coastal areas, and natural character are of central importance for current and future residents and for the state economy. The legislature further finds that adequate funding to conserve land for parks, habitat protection, cultural preservation, watershed protection, agricultural production, and open spaces and the maintenance and enhancement of natural or scenic resources is necessary to ensure protection of these lands and resources for future generations.

The purpose of this Act is to establish a land conservation commission and a land conservation trust fund for land conservation by dedicating one per cent of all state fund appropriations for capital improvements designated for the construction and renovation of state buildings into the land conservation trust fund.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

LAND CONSERVATION COMMISSION

§   -1 Land conservation commission; established. (a) There is established within the department of land and natural resources a land conservation commission consisting of seven members which shall advise the board of land and natural resources and recommend specific parcels of land to be preserved pursuant to this chapter.

(b) Five members shall be appointed by the governor subject to confirmation by the senate. Each member shall have substantial experience in the area of land conservation and resource management; provided that at least one member shall have substantial experience or expertise in traditional native Hawaiian culture relating to native land tenure and native gathering practices. The chairperson of the board of land and natural resources shall be the chairperson of the commission. The state comptroller shall serve as an ex officio voting member.

(c) The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

Except as otherwise provided in this chapter, the commission shall be subject to sections 26-34, 26-35, and 26-36.

§   -2 Duties. The commission shall:

(1) Accept applications from state or local agencies and non-profit land conservation organizations, as described in section 198-3, requesting funding for the conservation of specific parcels of land through the purchase of the fee simple or other interest in the land, including conservation easements;

(2) Establish criteria and forms for applications to include, but not be limited to:

(A) The project contact person;

(B) A description of the project; including its location and land characteristics;

(C) The funding request; and

(D) The property acquisition costs estimate;

(3) Appraise each application and consider its value in relation to other lands of importance for conservation purposes;

(4) Advise the board of land and natural resources whether an application should be approved by the board of land and natural resources;

(5) Upon the approval of the board of land and natural resources, award grants from the land conservation fund, established pursuant to section 103-A, to qualified state and local agencies and non-profit land conservation organizations, described in section 198-3;

(6) Determine whether additional matching funds may be required in the form of direct moneys, any combination of public and private funds, in-kind contributions, or any combination of these funds from the qualified entities approved by the board of land and natural resources prior to the distribution of the grant, pursuant to section 103-A; and

(7) Adopt rules pursuant to chapter 91 necessary for the purposes of this chapter."

Section 3. Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103-A    Land conservation trust fund. (a) There is created a land conservation trust fund, into which shall be transferred one per cent of all state fund appropriations for capital improvements designated for the construction cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings. The one per cent transfer requirement shall not apply to appropriations from the passenger facilities charge reserve fund established by section 261-5.5.

(b) The acquisition of interests or rights in real property for the preservation of lands for parks, habitat protection, cultural preservation, watershed protection, agricultural production, open spaces, or for the maintenance and enhancement of natural or scenic resources constitutes a public purpose for which public funds should be expended or advanced.

(c) The land conservation fund shall be used solely for the acquisition of interests or rights in real property, whether in fee title or through the establishment of conservation easements under chapter 198 or similar methods, for the preservation of land for the purposes outlined in subsection (b).

(d) The one per cent amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriations bills are signed into law. The moneys shall be transferred into the land conservation trust fund upon availability of moneys from the appropriations. The state comptroller shall calculate the one per cent amount from the capital improvement appropriations to each agency and transfer the one per cent amount into the land conservation trust fund concurrently with the transfer of moneys to the agencies.

(e) The state comptroller shall:

(1) Calculate the one per cent amount from the capital improvement appropriations for each agency;

(2) Transfer the correct amount to the land conservation trust fund at the same time the capital improvement appropriations are distributed to the agencies;

(3) Track amounts disbursed to the land conservation trust fund;

(4) Provide each agency receiving capital improvement appropriations with information regarding items that have been included and excluded from the one per cent amount; and

(5) In conjunction with the land conservation commission, publish and distribute an annual report, including a financial report to the governor and the legislature, specifying the progress in administering the funds appropriated for land conservation, the lands acquired or protected in the past year, and the objectives and budget for the next year. The annual report shall also be made available on the internet website of the State.

(f) The state comptroller is responsible for the care, custody, safekeeping, collection, and accounting for moneys in the land conservation trust fund.

(g) The state comptroller shall invest all moneys deposited into the land conservation fund, and all interest from investing the moneys shall accrue to the land conservation trust fund."

SECTION 4. Section 261-5.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§261-5.5[]] Passenger facility charge revenue fund. (a) There is established in the state treasury the passenger facility charge revenue fund, into which shall be deposited all proceeds from any passenger facility charge.

(b) Moneys in the passenger facility charge revenue fund shall be used for airport capital improvement program projects approved by the legislature.

(c) The passenger facility charge revenue fund is exempted from section 36-30.

(d) The passenger facility charge revenue fund is exempted from section 103-8.5.

(e) The passenger facility charge revenue fund is exempted from section 103-A.

[(e)] (f) The director of transportation shall administer the passenger facility charge revenue fund."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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