Hawaii 2022 Regular Session

Hawaii House Bill HB2360 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2360 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to land used by the united states military in hawaii. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2360
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	2360
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to land used by the united states military in hawaii.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that many properties in the State are under claim of federal ownership or control and are being, or have been, used as military facilities. The military's deficient stewardship has resulted in contamination to both fresh and ocean waters and soil on and adjacent to many of these properties, and on occasion has created hazards, such as from the presence of unexploded ordnance. The upcoming expiration or renewal of land leases between the State and the United States government and the potential return to the State of ceded lands all require a proactive approach by the State. Accordingly, the purpose of this Act is to create a long-term task force to proactively plan for the remediation and restoration of, and alternative uses for, lands currently under federal control that are anticipated to be returned to State control, as well as lands that are allowed to continue under federal control. SECTION 2. (a) There is established a surplus military land task force within the office of planning and sustainable development for administrative purposes to consist of the following members or their designees: (1) The director of the office of planning and sustainable development, who shall serve as the chair of the task force; (2) One member designated by the speaker of the house of representatives; (3) One member designated by the president of the senate; (4) The chairs of the house and senate standing committees with subject matter jurisdiction encompassing environmental protection and restoration; (5) A representative from each of the four counties, to be selected by the mayor of each county; (6) A representative from an organization whose mission statement or purpose is dedicated to the remediation and prevention of military debris and site contamination or degradation; and (7) A representative from an organization with a mission statement or purpose of preserving Native Hawaiian traditional and cultural practices and preventing the desecration of the environment to be selected by . (b) The task force shall proactively plan for the remediation and restoration of, and alternative uses for, lands currently under federal ownership and control that are anticipated to be returned to the State, as well as those lands that are anticipated to continue under federal control. To accomplish this objective, the task force shall: (1) Create and maintain an inventory of all lands within the State where the federal government claims ownership or control, including a database of relevant leases and their expiration dates and plans for closure of military facilities on those lands, building on but not necessarily limited to the information contained in the latest edition of the Hawaii Military Land Use Master Plan, and in the report prepared by the office of planning and sustainable development in response to Act 93, Session Laws of Hawaii 2021; (2) Identify any known contaminants or environmental hazards associated with inventoried lands, any environmental studies performed in connection with those lands, and any required remediation; (3) Seek input from adjacent communities, appropriate departments and agencies, and the office of Hawaiian affairs, on proposed environmental remediation and alternative uses for the lands; (4) Identify lands appropriate to be set-aside by the federal government; (5) Suggest alternative models for continued occupation and remediation of lands that may be occupied by the United States in the future, including compensation for prior occupation and damages to such properties; (6) Negotiate with the appropriate federal agencies for the return of ownership and control and environmental remediation and restoration of parcels still under the ownership or control of the federal government, whether subject to return or not, and a timeline for these actions; and (7) Work on any other objectives deemed necessary by the task force. (c) The task force shall: (1) Submit a preliminary report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023; and (2) Submit a second report on its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024. The reports shall include status updates on each of the tasks specified in subsection (b). (d) The director of planning and sustainable development shall submit annual progress reports to the legislature no later than twenty days prior to the convenings of the regular sessions of 2025, 2026, 2027, 2028, and 2029. The progress reports shall include updates regarding the implementation of the work identified by the task force and any additional plans, recommendations, or proposed legislation recommended based on new information received by the office of planning and sustainable development relating to the objectives of the task force. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that many properties in the State are under claim of federal ownership or control and are being, or have been, used as military facilities. The military's deficient stewardship has resulted in contamination to both fresh and ocean waters and soil on and adjacent to many of these properties, and on occasion has created hazards, such as from the presence of unexploded ordnance.
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51	51	The upcoming expiration or renewal of land leases between the State and the United States government and the potential return to the State of ceded lands all require a proactive approach by the State.
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53	53	Accordingly, the purpose of this Act is to create a long-term task force to proactively plan for the remediation and restoration of, and alternative uses for, lands currently under federal control that are anticipated to be returned to State control, as well as lands that are allowed to continue under federal control.
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55	55	SECTION 2. (a) There is established a surplus military land task force within the office of planning and sustainable development for administrative purposes to consist of the following members or their designees:
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57	57	(1) The director of the office of planning and sustainable development, who shall serve as the chair of the task force;
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59	59	(2) One member designated by the speaker of the house of representatives;
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61	61	(3) One member designated by the president of the senate;
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63	63	(4) The chairs of the house and senate standing committees with subject matter jurisdiction encompassing environmental protection and restoration;
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65	65	(5) A representative from each of the four counties, to be selected by the mayor of each county;
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67	67	(6) A representative from an organization whose mission statement or purpose is dedicated to the remediation and prevention of military debris and site contamination or degradation; and
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69	69	(7) A representative from an organization with a mission statement or purpose of preserving Native Hawaiian traditional and cultural practices and preventing the desecration of the environment to be selected by .
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71	71	(b) The task force shall proactively plan for the remediation and restoration of, and alternative uses for, lands currently under federal ownership and control that are anticipated to be returned to the State, as well as those lands that are anticipated to continue under federal control. To accomplish this objective, the task force shall:
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73	73	(1) Create and maintain an inventory of all lands within the State where the federal government claims ownership or control, including a database of relevant leases and their expiration dates and plans for closure of military facilities on those lands, building on but not necessarily limited to the information contained in the latest edition of the Hawaii Military Land Use Master Plan, and in the report prepared by the office of planning and sustainable development in response to Act 93, Session Laws of Hawaii 2021;
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75	75	(2) Identify any known contaminants or environmental hazards associated with inventoried lands, any environmental studies performed in connection with those lands, and any required remediation;
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77	77	(3) Seek input from adjacent communities, appropriate departments and agencies, and the office of Hawaiian affairs, on proposed environmental remediation and alternative uses for the lands;
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79	79	(4) Identify lands appropriate to be set-aside by the federal government;
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81	81	(5) Suggest alternative models for continued occupation and remediation of lands that may be occupied by the United States in the future, including compensation for prior occupation and damages to such properties;
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83	83	(6) Negotiate with the appropriate federal agencies for the return of ownership and control and environmental remediation and restoration of parcels still under the ownership or control of the federal government, whether subject to return or not, and a timeline for these actions; and
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85	85	(7) Work on any other objectives deemed necessary by the task force.
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87	87	(c) The task force shall:
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89	89	(1) Submit a preliminary report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023; and
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91	91	(2) Submit a second report on its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.
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93	93	The reports shall include status updates on each of the tasks specified in subsection (b).
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95	95	(d) The director of planning and sustainable development shall submit annual progress reports to the legislature no later than twenty days prior to the convenings of the regular sessions of 2025, 2026, 2027, 2028, and 2029. The progress reports shall include updates regarding the implementation of the work identified by the task force and any additional plans, recommendations, or proposed legislation recommended based on new information received by the office of planning and sustainable development relating to the objectives of the task force.
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97	97	SECTION 3. This Act shall take effect upon its approval.
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101	101	INTRODUCED BY: _____________________________
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103	103	INTRODUCED BY:
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105	105	_____________________________
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111	111	Report Title: Federal Lands; State Lands; Military; Office of Hawaiian Affairs; Task Force Description: Establishes a surplus military land task force to plan for the remediation and restoration of, and alternative uses for, lands currently under federal ownership and control that are anticipated to be returned to the State. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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117	117	Report Title:
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119	119	Federal Lands; State Lands; Military; Office of Hawaiian Affairs; Task Force
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123	123	Description:
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125	125	Establishes a surplus military land task force to plan for the remediation and restoration of, and alternative uses for, lands currently under federal ownership and control that are anticipated to be returned to the State.
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133	133	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.