| 47 | | - | PART I SECTION 1. The purpose of this Act is to establish a temporary public land trust working group to be placed within the office of the governor for administrative purposes only. The working group shall have the sole, special purpose of compiling a definitive inventory of the lands that comprise the public land trust described in section 4, and referred to in section 6, of article XII of the Hawaii State Constitution. The legislature intends that this inventory and valuation will be the basis for future legislation to determine the income and proceeds from the pro rata portion of the public land trust under article XII, section 6, of the state constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians. SECTION 2. (a) There is established in the office of the governor for administrative purposes only a temporary public land trust working group that shall have the special purpose of compiling an inventory of all lands in the public land trust and then, once an inventory is completed, establishing a valuation of the lands in the inventory. The working group shall use its reasonable best efforts to complete the inventory within twenty‑four months of the effective date of this Act. (b) The working group shall comprise six members, one of whom shall be appointed by the governor, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and three of whom shall be appointed by the office of Hawaiian affairs board of trustees. (c) All state agencies shall identify and provide full cooperation and access to information requested by the working group regarding all lands under the agency's ownership or control, whether the land is owned by the agency in fee or set aside by executive order, to the extent required by the working group to fulfill its purpose of identifying all lands in the public land trust inventory. (d) The office of Hawaiian affairs shall provide the working group with a comprehensive list of all parcels of land that the office of Hawaiian affairs believes: (1) Are required to be included in the public land trust inventory; and (2) Constitute crown lands that should be included in the public land trust inventory. (e) The members of the working group shall appoint, without regard to chapters 76 and 89, Hawaii Revised Statutes, an executive director who shall serve at the pleasure of the working group. The executive director shall oversee the day‑to‑day operations of the working group and perform other functions as directed by the working group, including procuring any professional and other services necessary to complete the inventory of the public land trust. The executive director's salary shall be determined by the working group. (f) The working group may employ, without regard to chapters 76 and 89, Hawaii Revised Statutes, and at its pleasure dismiss, other persons whom the working group deems necessary for the performance of its functions. The working group may establish the compensation of any persons employed pursuant to this subsection. (g) The working group shall submit an annual report on the progress of its work to the legislature no later than twenty days prior to the convening of each regular session. The working group shall further submit interim progress reports to the legislature, office of Hawaiian affairs, and governor by the close of each fiscal quarter. (h) The temporary public land trust working group shall cease to exist on , 20 . SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this part, including the hiring of necessary staff, purchasing of equipment, and procurement of professional and other services. The sums appropriated shall be expended by the office of the governor for the purposes of this part. PART II SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $65,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for repairs to bulkheads and revetments located in the parcels conveyed to the office of Hawaiian affairs pursuant to Act 15, Session Laws of Hawaii 2012. The sums appropriated shall be expended by the office of Hawaiian affairs for the purposes of this part. PART III SECTION 5. (a) The office of Hawaiian affairs shall prepare a programmatic environmental impact statement for any office of Hawaiian affairs development projects within the Kakaako community development district makai area. (b) The office of Hawaiian affairs shall submit the programmatic environmental impact statement to the office of environmental quality control. Acceptance of a programmatic environmental impact statement by the office of environmental quality control shall be a condition precedent to the implementation of any proposed development project by the office of Hawaiian affairs within the Kakaako community development district makai area. (c) Once the programmatic environmental impact statement has been accepted by the office of environmental quality control, it shall satisfy the requirements of chapter 343, Hawaii Revised Statutes, for any development project approved by the office of Hawaiian affairs within the Kakaako community development district makai area. (d) The office of Hawaiian affairs shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes for the purposes of this section. (e) As used in this section, "environmental impact statement" shall have the same meaning as in section 343-2, Hawaii Revised Statutes. SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $6,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 to prepare a programmatic environmental impact statement for any development projects within the Kakaako community development district makai area. The sum appropriated shall be expended by the office of Hawaiian affairs for the purposes of this part. PART IV SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $13,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 for architectural and engineering design, water supply, and other construction costs for the development of Kukaniloko. The sum appropriated shall be expended by the office of Hawaiian affairs for the purposes of this part. PART IV SECTION 8. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 9. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The purpose of this Act is to clarify the purpose of the working group established by Act 226, Session Laws of Hawaii 2022, by specifying that the working group shall be a temporary public land trust working group and will be placed within the office of the governor for administrative purposes only. The working group shall have the primary, special purpose of compiling a definitive inventory of the lands that comprise the public land trust described in section 4, and referred to in article XII, section 6, of the Hawaii State Constitution. The legislature intends that this inventory will be the basis for future legislation to determine the income and proceeds from the pro rata portion of the public land trust under article XII, section 6, of the Hawaii State Constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians. SECTION 2. Act 226, Session Laws of Hawaii 2022, is amended by amending section 3 to read as follows: "SECTION 3. (a) There is established in the office of the governor for administrative purposes only a temporary public land trust working group to: (1) [Account for] Have the primary special purpose of compiling an inventory of all ceded lands in the public land trust [inventory]; (2) Account for all income and proceeds from the public land trust; and (3) Subsequently determine the twenty per cent pro rata share of income and proceeds from the public land trust due annually to the office of Hawaiian affairs for the betterment of the conditions of Native Hawaiians. The working group shall use its reasonable best efforts to complete the inventory within twenty-four months of the effective date of Act , Session Laws of Hawaii 2023. (b) The working group shall [be comprised of] comprise six members, [three] one of whom [three] shall be appointed by the governor, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and three of whom shall be appointed by the office of Hawaiian affairs board of trustees. (c) The working group, with the cooperation of any department or agency that uses, manages, or receives income, proceeds, or any other funds derived from the public land trust, shall prepare and submit a report of its findings and recommendations, including any proposed legislation and the amount it determines for the annual amount of the twenty per cent pro rata share of income and proceeds from the public land trust, to the legislature. (d) The office of Hawaiian affairs shall provide any necessary administrative support, including preparation of the report required by subsection (c), to the working group. (e) All state agencies shall identify and provide full cooperation and access to information requested by the working group regarding all lands under the agency's ownership or control, whether the land is owned by the agency in fee or set aside by executive order, to the extent required by the working group to fulfill its purpose of identifying all lands in the public land trust inventory. (f) The office of Hawaiian affairs shall provide the working group with a comprehensive list of all parcels of land that the office of Hawaiian affairs believes: (1) Are required to be included in the public land trust inventory; and (2) Constitute crown lands that should be included in the public land trust inventory. (g) The members of the working group shall appoint, without regard to chapters 76 and 89, Hawaii Revised Statutes, an executive director who shall serve at the pleasure of the working group. The executive director shall oversee the day-to-day operations of the working group and perform other functions as directed by the working group, including procuring any professional and other services necessary to complete the inventory of the public land trust. The executive director's salary shall be determined by the working group. (h) The working group may employ, without regard to chapters 76 and 89, Hawaii Revised Statutes, and at its pleasure dismiss, other persons whom the working group deems necessary for the performance of its functions. The working group may fix the compensation of any persons employed pursuant to this subsection. (i) The working group shall submit an annual report on the progress of its work to the legislature no later than twenty days prior to the convening of each regular session. The working group shall further submit interim progress reports to the legislature, office of Hawaiian affairs, and governor by the close of each fiscal quarter." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act, including the hiring of necessary staff, purchasing of equipment, and procurement of professional and other services. The sums appropriated shall be expended by the office of the governor for the purposes of this Act. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2023. |
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