THE SENATE S.B. NO. 1393 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII H.D. 2 A BILL FOR AN ACT RELATING TO THE USE OF PUBLIC LANDS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 1393
THIRTY-THIRD LEGISLATURE, 2025 S.D. 1
STATE OF HAWAII H.D. 2
THE SENATE
S.B. NO.
1393
THIRTY-THIRD LEGISLATURE, 2025
S.D. 1
STATE OF HAWAII
H.D. 2
A BILL FOR AN ACT
RELATING TO THE USE OF PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that requiring the school facilities authority to consult with the department of education ensures that any decision to transfer or lease state lands to the school facilities authority reflects a collaborative process with the overseeing department. This consultation requirement further ensures that any transfer or lease agreement aligns with the department of education's operational goals and long-term strategic planning. Incorporating this consultation requirement further ensures a more transparent and balanced approach to land management for public benefit. The legislature further finds that, by requiring the school facilities authority to consult with the department of education and other impacted departments or agencies prior to initiating or requesting any land transfers, the department of education or other impacted department or agency, as the entity most familiar with the land use and requirements under its jurisdiction, will have the opportunity to fully assess the impacts of transferring control and ownership. The department of education's or other impacted department's or agency's assessment can then be shared with the school facilities authority for consideration. The requirement for the school facilities authority to consult with the department of education will prevent any unintentional disruption of the department's exclusive and primary mission to provide student learning and achievement. The purpose of this Act is to promote a practical, balanced, and cooperative approach to state land management by: (1) Requiring the school facilities authority to consult with the department of education or other impacted department or agency before any transfer or lease of land or property owned or occupied the impacted department or agency to the school facilities authority; and (2) Repealing the requirement that the department of education transfer title to lands it holds upon request of the school facilities authority. This Act ensures that the school facilities authority's land use decisions align with the transferring agency's operational and strategic goals. SECTION 2. Section 302A-1705, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) If state lands, other than public lands, under the control and management of another department or agency, are [required] identified by the authority for purposes of this chapter, the authority shall consult with the department or agency having control and management of the [required] identified lands, [upon a request by the authority] and, with the approval of the governor, the impacted department or agency shall convey title or lease those identified lands, or an agreed upon portion thereof, to the authority upon terms and conditions as may be agreed to by the [parties; provided that at the request of the authority, the department shall transfer any land to which it holds title to the authority.] impacted department or agency." 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, 3000.
SECTION 1. The legislature finds that requiring the school facilities authority to consult with the department of education ensures that any decision to transfer or lease state lands to the school facilities authority reflects a collaborative process with the overseeing department. This consultation requirement further ensures that any transfer or lease agreement aligns with the department of education's operational goals and long-term strategic planning. Incorporating this consultation requirement further ensures a more transparent and balanced approach to land management for public benefit.
The legislature further finds that, by requiring the school facilities authority to consult with the department of education and other impacted departments or agencies prior to initiating or requesting any land transfers, the department of education or other impacted department or agency, as the entity most familiar with the land use and requirements under its jurisdiction, will have the opportunity to fully assess the impacts of transferring control and ownership. The department of education's or other impacted department's or agency's assessment can then be shared with the school facilities authority for consideration. The requirement for the school facilities authority to consult with the department of education will prevent any unintentional disruption of the department's exclusive and primary mission to provide student learning and achievement.
The purpose of this Act is to promote a practical, balanced, and cooperative approach to state land management by:
(1) Requiring the school facilities authority to consult with the department of education or other impacted department or agency before any transfer or lease of land or property owned or occupied the impacted department or agency to the school facilities authority; and
(2) Repealing the requirement that the department of education transfer title to lands it holds upon request of the school facilities authority.
This Act ensures that the school facilities authority's land use decisions align with the transferring agency's operational and strategic goals.
SECTION 2. Section 302A-1705, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If state lands, other than public lands, under the control and management of another department or agency, are [required] identified by the authority for purposes of this chapter, the authority shall consult with the department or agency having control and management of the [required] identified lands, [upon a request by the authority] and, with the approval of the governor, the impacted department or agency shall convey title or lease those identified lands, or an agreed upon portion thereof, to the authority upon terms and conditions as may be agreed to by the [parties; provided that at the request of the authority, the department shall transfer any land to which it holds title to the authority.] impacted department or agency."
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, 3000.
Report Title: DOE; SFA; Public Lands Transfer Description: Requires the School Facilities Authority to consult with the Department of Education and other impacted departments or agencies before the conveyance of ownership rights or lease of lands to the School Facilities Authority. Repeals the requirement that the Department of Education transfer title to lands it holds upon request of the School Facilities Authority. Effective 7/1/3000. (HD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
DOE; SFA; Public Lands Transfer
Description:
Requires the School Facilities Authority to consult with the Department of Education and other impacted departments or agencies before the conveyance of ownership rights or lease of lands to the School Facilities Authority. Repeals the requirement that the Department of Education transfer title to lands it holds upon request of the School Facilities Authority. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.