HB2390

SECTION 1. The legislature finds that as part of the green new deal-Hawaii initiative, that the State has an interest in maintaining and restoring its lands so that they are in a safe and healthy condition for the benefit of all who reside or come to Hawaii. The legislature finds that remediation and restoration of contaminated or otherwise hazardous lands is a priority.

The legislature finds that the human-induced global climate crisis requires a thoughtful but bold response on many fronts to make Hawaii communities resilient to the impacts of climate change that threaten the very survivability of these fragile islands. Lest Hawaii lose its leadership position in meeting the future of labor, justice and equity, the legislature embraces aloha ‘aina as a green new deal to decarbonize Hawaii's systems of food, energy, and transportation, and to sequester carbon through systems of agriculture, waste management and ecosystem restoration. This solid foundation finds synergies with expanded access to health, housing and education, multiplying good jobs and ensuring justice and equity for Hawaii's citizens. The following measure represents a forward step in mitigating and adapting Hawaii to inevitable change.

Many properties on the islands of Hawaii are under federal ownership or control and are being, or have been, used as military facilities. The legislature finds that such use has resulted in contamination to the water and soil on and adjacent to many of these properties, or that there exist more immediate hazards, such as from the presence of unexploded ordnance. Immediate action in the form of an "ecosystem restoration commission" is needed in anticipation of the upcoming expiration of land leases between the State and the United States federal government.

The purpose of this Act is to establish an ecosystem restoration commission that will be tasked with overseeing the return of these lands to the State.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Ecosystem restoration commission. (a) There is established for administrative purposes an ecosystem restoration commission within the department of land and natural resources. The ecosystem restoration commission shall consist of at least 12 members who shall be nominated and appointed in accordance with section 26-34. The commission shall consist of the following members:

(1) The chair of the board of land and natural resources, or the chair's designee, who shall serve as the chair of the ecosystem restoration commission;

(2) The director of the department of health or that director's designee;

(3) The chairs of the legislature's standing committees with relevant subject matter jurisdiction encompassing environmental protection and restoration as determined by each house of the legislature;

(4) One representative from each of the four counties who shall be selected by the mayors of that representative's county;

(5) At least one representative from an organization with a mission statement or purpose dedicated to the remediation and prevention of military debris and site contamination or degradation;

(6) At least one representative from a Hawaiian organization with a mission statement or purpose of preserving native Hawaiian traditional and cultural practices, and preventing the desecration of the environment;

(7) A representative from the United States military; and

(8) A representative from the United States Environmental Protection Agency.

(b) The ecosystem restoration commission shall:

(1) Create and maintain an inventory of all lands in the State where the federal government claims ownership or control, including a database of relevant leases and their expiration dates;

(2) Identify and evaluate any and all environmental damage to and any required remediation efforts for the inventoried lands;

(3) Identify which lands are appropriate for continued set-aside to the United States government;

(4) Negotiate with the appropriate federal agencies for the return of ownership and control and the environmental remediation of parcels of property still under the ownership or control of the federal government;

(5) Ensure that administrative control over all property and property interests transferred from the federal government to the State shall be given to an appropriate state, county, or other entity; and

(6) Make recommendations for future use and environmental remediation of each property.

(c) The ecosystem restoration commission shall submit its report on all activities and findings pursuant to subsection (b) to the governor and legislature. The report shall be submitted no later than twenty days prior to the convening of each regular session.

(d) The ecosystem restoration commission shall initiate negotiations, pursuant to paragraph (b)(4), with a set of requests and demands made to a representative of the United States military who is charged with negotiations on behalf of the United States. The ecosystem restoration commission shall submit to the representative these requests and demands no later than January 1, 2021. Thereafter, the ecosystem restoration commission shall initiate a new round of negotiations, with an updated set of requests and demands, each year for ten years."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2020, and shall be repealed on June 30, 2031.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2390
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII