Report Title:

Public Lands; Disposition

 

Description:

Gives the Airports Division greater flexibility in the disposition of leases, subject to the approval of BLNR. Reduces redundant requirements of the Division's capital improvement program projects subject to county disapproval within 45 days of notification. (HB728 CD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

728

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

C.D. 1


 

A BILL FOR AN ACT

 

RELATING TO INCREASING DEVELOPMENT FLEXIBILITY OF PUBLIC LANDS.

 

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

SECTION 1. The legislature finds that Hawaii's airports division leasing and development procedures are cumbersome and inflexible. This situation has resulted in inefficiencies when the airports division of the department of transportation desires to expeditiously develop its lands and facilities. The legislature further finds that the economic well-being of the State depends in part on the efficient use of all of its resources and that fuller utilization of its resources will enhance and complement efforts to revitalize Hawaii's economy. The purpose of this Act is to provide the airports division of the department of transportation with sufficient flexibility to develop lands and facilities, subject to the approval of the board of land and natural resources, without sacrificing health, safety, environmental, and shoreline management requirements.

SECTION 2. 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, [aquaculture,] aquacultural, marine, and maritime 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, [aquaculture,] aquacultural, and maritime industries;

(2) The disposition shall not exceed a maximum term of thirty-five years; 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 purpose of this subsection ["agricultural]:

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

"Airport related" means a purpose or activity that requires air transportation to achieve that purpose or activity."

SECTION 3. Section 261-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Structures and improvements. [All] Notwithstanding any law or provision to the contrary, all structures and improvements to land[,] to be used for airport purposes[, may]:

(1) May be planned, designed, and constructed by the department[.] without the approval of county agencies; and

(2) Shall be exempt from county agencies' special management areas permitting requirements;

provided that the department submits its preliminary plans and specifications for the project to the legislative body of the county, and the legislative body does not disapprove the project by resolution within forty-five days after this submission. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body."

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

SECTION 5. This Act shall take effect upon its approval.