HB1352

SECTION 1. The legislature finds that many properties in the State are under federal ownership or control and are being, or have been, used as military facilities. This use has resulted in contamination to the water and soil on and adjacent to many of these properties, or created hazards, such as from the presence of unexploded ordnance.

The upcoming expiration of land leases between the State and the United States federal government and the return to the State of ceded lands requires a proactive approach by the State.

Accordingly, the purpose of this Act is to establish a task force that will proactively plan for the remediation and restoration of, and alternative uses for, lands currently under federal ownership and control that are anticipated to be returned to the State.

SECTION 2. (a) There is established a surplus military land task force within the office of planning for administrative purposes. The task force shall consist of the following members or their designees:

(1) The director of the office of planning, who shall serve as the chairperson of the task force;

(2) The chairperson of the board of land and natural resources;

(3) The director of health;

(4) The chairs of the house and senate standing committees with subject matter jurisdiction encompassing environmental protection and restoration;

(5) A representative from each of the four counties, to be selected by the mayor of each county;

(6) A representative from an organization whose mission statement or purpose is dedicated to the remediation and prevention of military debris and site contamination or degradation;

(7) A representative from an organization with a mission statement or purpose of preserving native Hawaiian traditional and cultural practices and preventing the desecration of the environment;

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

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

(b) The task force shall proactively plan for the remediation and restoration of, and alternative uses for, lands currently under federal ownership and control that are anticipated to be returned to the State. To accomplish this objective, the task force shall:

(1) Create and maintain an inventory of all lands within the State where the federal government claims ownership or control, including a database of relevant leases and their expiration dates and plans for closure of military facilities on those lands;

(2) Identify any known contaminants or environmental hazards associated with the inventoried lands, any environmental studies performed in connection with those lands, and any required remediation;

(3) Seek input from adjacent communities and appropriate departments and agencies on proposed alternative uses for the lands;

(4) Identify lands appropriate for continued set-aside to the federal government;

(5) Negotiate with the appropriate federal agencies for the return of ownership and control and the environmental remediation and restoration of parcels still under the ownership or control of the federal government, and a timeline for these actions; and

(6) Work on any other objectives deemed necessary by the task force.

(1) Submit a preliminary report of its findings and recommendations, including any proposed legislation, to the legislature, no later than twenty days prior to the convening of the regular session of 2023; and

(2) Submit a final report on its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2024.

The reports shall include status updates on each of the tasks specified in subsection (b).

(d) The director of planning shall submit annual progress reports to the legislature no later than twenty days prior to the convenings of the regular sessions of 2025, 2026, 2027, 2028, and 2029. The progress reports shall include updates regarding the implementation of the work identified by the task force and any additional plans, recommendations, or legislation recommended based on new information received by the office of planning relating to the objectives of the task force.

(e) The task force shall serve until it has accomplished the objectives of this Act or twenty days prior to the convening of the regular session of 2024, whichever occurs first.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1352
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII