Report Title:

Coastal Zone Management; Transfer to DLNR

Description:

Transfers the responsibilities for the State's coastal zone management program from the office of planning to the department of land and natural resources.

THE SENATE

S.B. NO.

710

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COASTAL ZONE MANAGEMENT.

 

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

SECTION 1. Current law vests the management, administration, and control over ocean waters, coastal areas, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, and coastal programs with the department of land and natural resources; however, the administration of the State's coastal zone management program is vested with the office of planning. The legislature finds that the split in authority between two state agencies is inconsistent with prudent and wise government organization and efficiency.

The purpose of this Act is to transfer the lead agency responsibilities for the coastal zone management program from the office of planning to the department of land and natural resources.

SECTION 2. Section 171-3, Hawaii Revised Statutes, is amended to read as follows:

"171-3 Department of land and natural resources. The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources. The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law. The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law. Effective July 1, 2003, the department shall carry out the lead agency responsibilities for the Hawaii coastal zone management program as specified in chapter 205A, and shall develop and maintain an ocean and coastal resources information, planning, and management system further developing and coordinating implementation of the ocean resources management plan, and formulating ocean policies with respect to the exclusive economic zone, coral reefs, and national marine sanctuaries."

SECTION 3. Section 205A-1, Hawaii Revised Statutes, is amended by amending the definition of "lead agency" to read as follows:

"Lead agency" means the [office of planning;] department of land and natural resources, effective July 1, 2003."

SECTION 4. Section 205A-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the [director] head of the lead agency for staggered terms of not more than three years. These members shall be selected with consideration given to the following criteria:

(1) Statewide geographic distribution; and

(2) Balanced representation from among the following interests: business, environment, practitioners of native Hawaiian culture, terrestrial and marine commerce, recreation, research, and tourism.

The lead agency shall undertake widespread solicitation of applications from persons who are interested in serving on the public advisory body."

SECTION 5. Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The office of planning shall gather, analyze, and provide information to the governor to assist in the overall analysis and formulation of state policies and strategies to provide central direction and cohesion in the allocation of resources and effectuation of state activities and programs, and effectively address current or emerging issues and opportunities. More specifically, the office shall engage in the following activities:

(1) State comprehensive planning and program coordination. Formulating and articulating comprehensive statewide goals, objectives, policies, and priorities, and coordinating their implementation through the statewide planning system established in part II of chapter 226;

(2) Strategic planning. Identifying and analyzing significant issues, problems, and opportunities confronting the State, and formulating strategies and alternative courses of action in response to identified problems and opportunities by:

(A) Providing in-depth policy research, analysis, and recommendations on existing or potential areas of critical state concern;

(B) Examining and evaluating the effectiveness of state programs in implementing state policies and priorities;

(C) Monitoring through surveys, environmental scanning, and other techniques--current social, economic, and physical conditions and trends; and

(D) Developing, in collaboration with affected public or private agencies and organizations, implementation plans and schedules and, where appropriate, assisting in the mobilization of resources to meet identified needs;

(3) Planning coordination and cooperation. Facilitating coordinated and cooperative planning and policy development and implementation activities among state agencies, and between the state, county, and federal governments, by:

(A) Reviewing, assessing, and coordinating, as necessary, major plans, programs, projects, and regulatory activities existing or proposed by state and county agencies; and

(B) Formulating mechanisms to simplify, streamline, or coordinate interagency development and regulatory processes;

(4) Planning information system. Collecting, analyzing, maintaining, and disseminating data and information to further effective state planning, policy analysis and development, and delivery of government services by:

(A) Assembling, organizing, evaluating, and classifying existing data and performing necessary basic research in order to provide a common data base for governmental planning;

(B) Planning, developing, implementing, and coordinating a statewide planning and geographic information system. The office shall be the lead agency responsible for planning and coordinating the establishment of a multi-agency, statewide geographic information system and the development of planning applications including spatial data analyses to enhance decision making; and

(C) Maintaining a centralized depository of state and national planning references;

(5) Land use planning. Developing and presenting the position of the State in all boundary change petitions and proceedings before the land use commission, assisting state agencies in the development and submittal of petitions for land use district boundary amendments, and conducting periodic reviews of the classification and districting of all lands in the State, as specified in chapter 205;

[(6) Coastal and ocean policy management. Carrying out the lead agency responsibilities for the Hawaii coastal zone management program, as specified in chapter 205A. Also, developing and maintaining an ocean and coastal resources information, planning, and management system further developing and coordinating implementation of the ocean resources management plan, and formulating ocean policies with respect to the exclusive economic zone, coral reefs, and national marine sanctuaries;

(7)] (6) Regional planning and studies. Conducting plans and studies to determine:

(A) The capability of various regions within the State to support projected increases in both resident populations and visitors;

(B) The potential physical, social, economic, and environmental impact on these regions resulting from increases in both resident populations and visitors;

(C) The maximum annual visitor carrying capacity for the State by region, county, and island; and

(D) The appropriate guidance and management of selected regions and areas of statewide critical concern.

The studies in subparagraphs (A) to (C) shall be conducted at appropriate intervals, but not less than once every five years; and

[(8)] (7) Regional, national, and international planning. Participating in and assuring that state plans, policies, and objectives are consistent, to the extent practicable, with regional, national, and international planning efforts."

SECTION 6. All rights, powers, functions, and duties of the office of planning relating to the lead agency responsibilities for the Hawaii coastal zone management program are transferred to the department of land and natural resources.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 7. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of planning relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.

SECTION 8. All rules, policies, procedures, guidelines, and other material adopted or developed by the office of planning to implement provisions of the Hawaii Revised Statutes which are made applicable to the department of land and natural resources by this Act, shall remain in full force and effect until amended or repealed by the board of land and natural resources pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the office of state planning or director of the office of planning in those rules, policies, procedures, guidelines, and other material is amended to the department of land and natural resources, board of land and natural resources, or chairperson of the board of land and natural resources as appropriate.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________