THE SENATE	S.B. NO.	2001
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO THE PUBLIC LAND TRUST.

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

PART I

     SECTION 1.  Section 226-18, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  To further achieve the energy objectives, it shall be the policy of this State to:

     (1)  Support research and development as well as promote the use of renewable energy sources;

     (2)  Ensure that the combination of energy supplies and energy-saving systems is sufficient to support the demands of growth;

     (3)  Base decisions of least-cost supply-side and demand-side energy resource options on a comparison of their total costs and benefits when a least-cost is determined by a reasonably comprehensive, quantitative, and qualitative accounting of their long-term, direct and indirect economic, environmental, social, cultural, and public health costs and benefits;

     (4)  Promote all cost-effective conservation of power and fuel supplies through measures, including:

         (A)  Development of cost-effective demand-side management programs;

         (B)  Education; and

         (C)  Adoption of energy-efficient practices and technologies;

     (5)  Ensure, to the extent that new supply-side resources are needed, that the development or expansion of energy systems uses the least-cost energy supply option and maximizes efficient technologies;

     (6)  Support research, development, demonstration, and use of energy efficiency, load management, and other demand-side management programs, practices, and technologies;

     (7)  Promote alternate fuels and transportation energy efficiency;

     (8)  Support actions that reduce, avoid, or sequester greenhouse gases in utility, transportation, and industrial sector applications;

     (9)  Support actions that reduce, avoid, or sequester Hawaii's greenhouse gas emissions through agriculture and forestry initiatives; [and]

    (10)  Provide priority handling and processing for all state and county permits required for renewable energy projects[.];

(11) Promote the development of indigenous renewable energy resources that are located on public trust land as an affordable and reliable source of firm power for Hawaii; and

(12) Ensure that the development of indigenous renewable energy resources on public trust land directly benefits native Hawaiians and the public beneficiaries of the trust."

     SECTION 2.  All public land trust lands shall be held in trust for a Native Hawaiian government upon the establishment of such a government.

     SECTION 3.  There shall be consultation and public input from the Native Hawaiian community and the general public when developing projects with public land trust lands.

PART II

     SECTION 4.  Act 55, Session Laws of Hawaii 2011, now codified as chapter 171C, Hawaii Revised Statutes, created a process to use public land purporting to be for the economic, environmental, and social benefit for the people of Hawaii.  It established the public land development corporation to be the development arm of the department of land and natural resources, to administer an appropriate and culturally-sensitive public land development program to help develop recreational and leisure centers for persons, and create revenue-generating opportunities to offset regulatory functions of the department of land and natural resources.

     The legislature finds that the powers granted to the public land development corporation go beyond what is necessary and may threaten the commitments that the State and its people have made to protect native Hawaiian traditional customary rights and the natural and cultural resources that make Hawaii unique.  Chapter 171C, Hawaii Revised Statutes, does not ensure an appropriate and culturally-sensitive public land development program.  The legislature finds that the exemptions are overly broad, remove important planning and management tools, increase the likelihood of unprecedented development of the State's public and private lands, including a handful of rural community strongholds where native Hawaiian beliefs, values, traditions, and customs continue to be honored and practiced.

     The purpose of this part is to repeal chapter 171C, Hawaii Revised Statutes, and encourage the utilization and improvement of the existing system in order to use public land for the economic, environmental, and social benefit for the State.

     SECTION 5.  Chapter 171C, Hawaii Revised Statutes, is repealed.

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

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Hawaii State Planning Act; Renewable Energy; Public Land Trust Lands; Geothermal; Public Land Development Corporation

Description:

Amends the Hawaii State Planning Act to include promoting the development of indigenous renewable energy resources that are located on public trust land as a source of firm power and ensuring that the development of energy resources on public trust land directly benefits native Hawaiians and public beneficiaries of the trust.  Adds provisions that all public land trust lands shall be held in trust and transferred to a Native Hawaiian government upon the establishment of such a government, and there shall be consultation and public input from the Native Hawaiian community and general public when developing projects with public land trust lands.  Repeals chapter 171C, HRS, relating to the public land development corporation.  (SB2001 HD1)

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