Requires DLNR and BLNR to consult with the Senate President and Speaker of the House of Representatives regarding the acquisition of land having value as a resource to the State. Effective date July 1, 2020. (SB3077 HD2)

A BILL FOR AN ACT

SECTION 1. Section 173A-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§173A-3[]] Resource land acquisition plan. [The] In consultation with the senate president and speaker of the house of representatives, the department [may] shall prepare and, from time to time, revise a plan for the acquisition of land having value as a resource to the State. This plan shall guide the board in acquiring such land in the exercise of its powers under this chapter. In preparing this plan, the department may institute studies relating to the need for such land[,] and shall consider any plan relating to the acquisition of such land [which] that has been prepared by any state or county agency."

SECTION 2. Section 173A-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§173A-4[]] Authority to acquire and convey. (a) [Subject to the approval of the governor,] In consultation with the senate president and speaker of the house of representatives, the board may acquire, by purchase, gift, or the exercise of the power of eminent domain as authorized by chapter 101, any land having value as a resource to the State. Such acquisition is hereby declared to be for a public use.

(b) The board may, subject to chapter 171, in consultation with the senate president and speaker of the house of representatives, and with the approval of the governor, sell, lease, or otherwise convey any such land subject to terms and conditions [which] that it deems appropriate and [which] that will [insure] ensure that the transferee [will] shall not use the land in a manner [which] that is inconsistent with the purposes for which it was acquired by the board. [Such] The terms and conditions shall run with the land and shall be binding on the transferee's heirs, successors, and assigns. The board may seek enforcement of [such] the terms and conditions in any court of appropriate jurisdiction."

SECTION 3. Section 173A-5, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) Based on applications from state agencies, counties, and nonprofit land conservation organizations, the department, in consultation with the senate president and speaker of the house of representatives, shall recommend to the board specific parcels of land to be acquired, restricted with conservation easements, or preserved in similar fashion. The board shall review the selections and approve or reject the selections according to the availability of moneys in the fund. To be eligible for grants from the fund, state and county agencies and nonprofit land conservation organizations shall submit applications to the department that contain:

SECTION 4. Section 173A-9, Hawaii Revised Statutes, is amended to read as follows:

"§173A-9 Grants to state agencies, counties, and nonprofit land conservation organizations. [Subject] After consultation with the senate president and speaker of the house of representatives, and subject to the approval of the governor, the board may make grants to state agencies, counties, and nonprofit land conservation organizations from available funds for the purchase or acquisition of interests or rights in land having value as a resource to the State, whether in fee title or through the purchase of permanent conservation easements under chapter 198, and approved for purchase or acquisition by the board. Any land so acquired by any state agency or county may be sold, leased, or otherwise disposed of, subject to chapter 171, with the prior written approval of the board. Any land acquired by any nonprofit land conservation organization under this chapter may be sold, leased, or otherwise disposed of with the prior written approval of the board. Any permanent conservation easement established under this section that includes partnership with a federal land conservation program may be transferred only as provided by rules of the federal program."

SECTION 5. There is appropriated out of the land conservation fund of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 for the purchase of agriculture easements to protect farm and ranch lands throughout the state. This appropriation shall use and preserve federal farm and ranch land protection program funding for agricultural and cultural lands in Hawaii.

The sum appropriated shall be expended by the department of land and natural resources for the purpose of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2020.