Report Title:

Land Acquisition for Environmental Protection

Description:

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 Fund for the Environment, section 173A-5, HRS. (HB1951 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1951

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

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 permanent adequate funding 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 to the fund for the environment established by section 173A-5, Hawaii Revised Statutes.

SECTION 2. Section 173A-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§173A-5[]] Fund for the environment. (a) A fund for the environment, hereinafter called "fund," is hereby established.

(b) The proceeds from the sale of any general obligation bonds, authorized and issued for purposes of this chapter, shall be deposited in or credited to the fund.

(c) Any net proceeds or revenue from the operation, management, sale, lease, or other disposition of land or the improvements on such land, acquired or constructed by the board under the provisions of this chapter, shall also be deposited in or credited to the fund.

(d) One per cent of all state fund appropriations for capital improvements designated for the construction cost element shall be transferred to the fund; provided that the transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings.

(e) The acquisition of interests or rights in real property for:

(1) The preservation of lands for:

(A) Parks;

(B) Habitat protection;

(C) Cultural preservation;

(D) Watershed protection;

(E) Agricultural production; and

(F) Open spaces;

or

(2) The maintenance and enhancement of natural or scenic resources,

constitutes a public purpose for which public funds should be expended or advanced.

(f) The fund shall be used for:

(1) The acquisition of interests or rights in real property, whether in fee title or through the establishment of conservation easements under chapter 198; or

(2) Other major capital expenditures,

for the preservation of land for the purposes specified in subsection (e).

(g) The one per cent amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriations bill is signed into law. The moneys shall be transferred into the fund upon availability of moneys from the appropriations. The 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 fund concurrently with the transfer of moneys to the agencies.

(h) Based on applications from state or county agencies and nonprofit land conservation organizations, the department shall recommend to the board specific parcels of land to be acquired, restricted with conservation easements, or preserved in similar fashion. The board shall review such selections and approve or reject such selections according to the availability of moneys in the fund. To be eligible for grants from the fund, state and county agencies and nonprofit land conservation organizations shall submit applications to the department that contain:

(1) Contact information for the project;

(2) A description of the project;

(3) The request for funding;

(4) Cost estimates for acquisition of the real property;

(5) Location and characteristics of the land; and

(6) Other similar, related information.

(i) For applications approved by the board, the department shall award grants from the fund to the qualifying state or county agencies or nonprofit land conservation organizations for the preservation of the real property. The board may require additional matching funds that may be:

(1) Direct moneys;

(2) A combination of public and private funds;

(3) In-kind contributions; or

(4) Any combination of the above,

from the qualifying entities prior to distribution of the grants.

(j) The comptroller shall:

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

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

(3) Track amounts disbursed to the fund;

(4) Provide each agency that receives 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 department, publish and make available an annual report, including a financial report, to the legislature, governor, and public specifying:

(A) Progress made in administering the funds appropriated for land conservation;

(B) The lands acquired or protected during the past fiscal year; and

(C) The objectives and budget for the next fiscal year."

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, 2004.