REPORT TITLE:
Leases; Cleanup Clause


DESCRIPTION:
Adds condition to leases of state lands to require lessees to pay
monthly amounts to a reserve account to pay for cleaning up of
pollution of leased land upon expiration or termination of lease.
Provides for return of moneys if cleanup is not needed.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2236
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC LANDS.



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

 1      SECTION 1.  Section 171-35, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§171-35  Lease provisions; generally.  Every lease issued
 
 4 by the board of land and natural resources shall contain:
 
 5      (1)  The specific use or uses to which the land is to be
 
 6           employed;
 
 7      (2)  The improvements required; provided that a minimum
 
 8           reasonable time be allowed for the completion of the
 
 9           improvements;
 
10      (3)  Restrictions against alienation as set forth in section
 
11           171-36;
 
12      (4)  The rent, as established by the board or at public
 
13           auction, which shall be payable not more than one year
 
14           in advance, in monthly, quarterly, semiannual, or
 
15           annual payments;
 
16      (5)  Where applicable, adequate protection of forests,
 
17           watershed areas, game management areas, wildlife
 
18           sanctuaries, and public hunting areas, reservation of
 
19           rights-of-way and access to other public lands, public
 

 
Page 2                                                     2236
                                     H.B. NO.           
                                                        
                                                        

 
 1           hunting areas, game management areas, or public
 
 2           beaches, and prevention of nuisance and waste; [and]
 
 3      (6)  A requirement that the lessee shall deposit a monthly
 
 4           amount, as determined by the board pursuant to rules
 
 5           adopted in accordance with chapter 91, into a reserve
 
 6           account separately identifying each lessee and the land
 
 7           that is leased, to provide for the possibility of
 
 8           paying for any eventual cleaning up or mitigation of
 
 9           pollution of the leased land, the cost of which shall
 
10           be determined by the board, upon expiration or
 
11           termination of a lease.  The board shall keep the
 
12           reserve account separate from all other funds and
 
13           accounts.  Moneys in the reserve account may be used
 
14           only for the purpose of cleaning up or mitigation of
 
15           pollution of leased land.  No moneys identified for an
 
16           individual lessee and parcel of leased land may be used
 
17           to clean up any other separately identified lessee's
 
18           leased land.  Upon expiration or termination of a
 
19           lease, if the board determines that cleanup of a parcel
 
20           of leased land is unnecessary, the board shall
 
21           immediately return all moneys deposited into the
 
22           reserve account, identified as to the particular lessee
 

 
 
 
Page 3                                                     2236
                                     H.B. NO.           
                                                        
                                                        

 
 1           and leased land, along with any interest earned; and
 
 2     [(6)] (7)  Such other terms and conditions as the board deems
 
 3           advisable to more nearly effectuate the purposes of the
 
 4           state constitution and of this chapter."
 
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8 
 
 9                              INTRODUCED BY:______________________