HOUSE OF REPRESENTATIVES

H.B. NO.

2407

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND DISPOSITIONS.

 

 

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

 


     SECTION 1.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-    Disposition by negotiation; department of transportation.  (a)  Upon a determination by the director of transportation that the disposition by negotiation of public lands encourages competition within the aeronautical, airport-related, maritime, and maritime-related operations, the department of transportation may, without board approval and without regard to section 171-59 and section 171-16(c), negotiate the disposition of lands under its control and jurisdiction provided that:

     (1)  The land subject to the disposition shall be used for aeronautical, airport-related, maritime, and maritime-related operations; and

     (2)  The disposition shall not exceed a maximum term of thirty-five years, except in the case of maritime and maritime-related operations, which may provide for a maximum term of seventy years.

     (b)  The disposition by negotiation may include leases and any other instruments of disposition.

     (c)  For the purposes of this section:

     "Airport-related" means a purpose or activity that requires air transportation to achieve that purpose or activity; or an activity that generates revenue for the airport system as provided in section 261-7.

     "Maritime-related" means a purpose or activity that requires and is directly related to the loading, off-loading, storage, or distribution of goods and services of the maritime industry; navigation of the sea; cargo handling and control; storage, repair, maintenance, and servicing of marine and marine-related equipment; sale, processing, and canning of fish and fish products; and offices and accommodations for the personnel and employees of persons engaged in maritime operations."

     SECTION 2.  Section 171-11, Hawaii Revised Statutes, is amended to read as follows:

     "§171-11  Public purposes, lands set aside by the governor; management.  The governor may, with the prior approval of the board of land and natural resources, set aside public lands to any department or agency of the State, the city and county, county, or other political subdivisions of the State for public use or purpose.  All withdrawals of the lands or portions thereof so set aside shall be made by the governor.

     Any public lands set aside by the governor prior to the enactment of this chapter, or any public lands set aside by the governor of the Territory of Hawaii, shall be subject to the provisions of this section.

     Lands while so set aside for such use or purpose or when acquired for roads and streets shall be managed by the department, agency, city and county, county, or other political subdivisions of the State having jurisdiction thereof, unless otherwise provided by law.  Such department, agency of the State, the city and county, county, or other political subdivisions of the State in managing such lands shall be authorized to exercise all of the powers vested in the board in regard to the issuance of leases, easements, licenses, revocable permits, concessions, or rights of entry covering such lands for such use as may be consistent with the purposes for which the lands were set aside on the same terms, conditions, and restrictions applicable to the disposition of public lands, as provided by this chapter all such dispositions, except for public lands under the jurisdiction of the department of transportation, being subject to the prior approval of the board; provided that any nonrenewable dispositions granting rights for a period not in excess of fourteen days shall not require (1) the approval of the board or (2) public auction or public advertisement for sealed tenders; and provided further that disposition of lands set aside for use as agricultural parks pursuant to chapter 166 shall not be subject to the prior approval of the board.  If at the time of the disposition of any such leases the board shall have approved the same, any order withdrawing or setting aside any or all of such lands for any other public purpose shall be made subject to such leases.  Subject to section 5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from such lands shall be deposited into the appropriate funds provided by law.

     This section shall also apply where the purposes are the uses and purposes of the United States; provided that all revenues derived from the lands and improve­ments thereon shall be paid to the department of land and natural resources by the United States.

     Whenever lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivi­sions of the State, or to the United States, are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department.  The governor may withdraw public lands and, with the prior approval of the board of land and natural resources, set aside the withdrawn lands to another department or agency of the State, the city and county, county, or political subdivision of the State, or to the United States for public use or purpose, provided that no structure on such lands shall be built, demolished or altered until after the legislative action or inaction as hereinbelow provided.

     The power granted to the governor in this section to set aside or withdraw or withdraw and set aside public lands shall be exercised subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by the majority vote of both, in any regular or special session next following the date of the setting aside or withdrawal, or withdrawal and setting aside.

     Whenever portions of lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivision of the State are not presently utilized or required for the public purpose stated, the board shall have the power, without withdrawing the order setting aside the lands, to dispose of any and all real property interest less than the fee in the portions of such lands where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside.  All funds derived from disposition by the board shall be deposited in the general fund of the State or be paid to the appropriate account; provided that all such dispositions shall be with the prior written approval of the department, agency, city and county, county, or other political subdivisions of the State and the governor, and shall be undertaken in compliance with all other applicable sections of this chapter."

     SECTION 3.  Section 171-59, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Disposition of public lands for [airline, aircraft, airport-related,] agricultural processing, cattle feed production, and aquaculture[, marine, maritime, and maritime-related] operations may be negotiated without regard to the limitations set forth in subsection (a) and section 171-16(c); provided that:

     (1)  The disposition encourages competition within the [aeronautical, airport-related,] agricultural, and aquaculture[, maritime, and maritime-related] operations;

     (2)  The disposition shall not exceed a maximum term of thirty-five years, except in the case of[:

         (A)  Maritime and maritime-related operations, which may provide for a maximum term of seventy years; and

         (B)  Aquaculture] aquaculture operations, which may provide for a maximum term of sixty-five years; provided that aquaculture operations in good standing may seek to renew a lease issued under this section and, during the lease term, may engage in supportive activities that are related to or integrated with aquaculture; and

     (3)  The method of disposition of public lands for cattle feed production as set forth in this subsection shall not apply after December 31, 1988.

For the purposes of this subsection:

     "Agricultural processing" means the processing of agricultural products, including dairying, grown, raised, or produced in Hawaii.

     ["Airport-related" means a purpose or activity that requires air transportation to achieve that purpose or activity; or an activity that generates revenue for the airport system as provided in section 261-7.]

     "Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes, including aquaponics or any growing of plants or animals with aquaculture effluents.

     ["Maritime-related" means a purpose or activity that requires and is directly related to the loading, off-loading, storage, or distribution of goods and services of the maritime industry.]"

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act, upon its approval, shall take effect on July 1, 2016.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Disposition of Land for Airport-related and Maritime-related Operations

 

Description:

Clarifies the statute that authorizes the Department of Transportation to negotiate disposition of lands under its control for specific purposes.

 

 

 

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