Report Title:

Hawaii Geological Survey

 

Description:

Establishes the Hawaii geological survey within the department of land and natural resources.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2604

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the Hawaii Geological Survey.

 

 

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

 


     SECTION 1. The legislature finds that Hawaii faces a wide range of geological issues, including coastal erosion, limited ground and surface water, rock falls and landslides, earthquakes, volcanic eruptions, depleted rock aggregate resources, and geothermal energy.  Hawaii's activities related to these geological issues are spread among a variety of state and county agencies, such as the department of land and natural resources' commission on water resource management and the office of conservation and coastal lands, the department of health, and the county water supply departments.  These state and county agencies serve specific purposes for their respective agencies, but this potentially may leave gap in efforts to collect and analyze geologic data on issues of importance to the State.

The legislature further finds that many mainland states have a geological survey:  a state agency that creates, interprets, and disseminates applied earth science information to address societal needs.  However, Hawaii is one of only two states that have never received federal funds to perform geological studies.  The legislature further finds that a Hawaii state geological survey could compete for such federal funds and provide a broader range of geological information.

     The purpose of this Act is to establish the Hawaii geological survey to act as a centralized source for the study and collection of data on geologic hazards, including but not limited to earthquakes, coastal erosion and flooding, flash flooding, rock falls, landslides, soil erosion, and volcanism, geologic resources, and other geologic issues, including but not limited to groundwater, watersheds, rock quarrying, sand and gravel mining, geothermal energy, reef management, wetland and dune management, and beach and shoreline management.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Hawaii geological survey

     §   -1  Definitions.  As used in this chapter:

"Board" means the board of land and natural resources.

"Department" means the department of land and natural resources.

"Survey" means the Hawaii geological survey.

§   -2  Establishment.  (a)  There is established the Hawaii geological survey, to be placed within the department of land and natural resources for administrative purposes, pursuant to section 26-35.

     (b)  The state geologist shall be appointed by the board, and shall serve as director of the survey.

§   -3  Duties and responsibilities. (a)  The survey shall:

     (1)  Assist and advise state and county governmental agencies and state educational institutions on geologic and earth science subjects, including but not limited to geologic hazards, earthquakes, coastal erosion and flooding, flash flooding, rock falls, landslides, soil erosion, and volcanism, geologic resources, groundwater, watersheds, rock quarrying, sand and gravel mining, geothermal energy, reef management, wetland and dune management, and beach and shoreline management;

     (2)  Collect and distribute reliable data and information regarding the geological issues, resources, and hazards within the State;

     (3)  Survey the geology of the State, including mineral occurrences and the ores of metals, energy resources, industrial minerals and rocks, mineral-bearing waters, and surface and ground water resources, with special reference to their economic contents, values, uses, kind, and availability in order to facilitate their economic use;

     (4)  Determine and investigate areas of geologic, oceanic, and topographic hazards that could affect the safety of, or cause economic loss to, residents of the State or visitors:

     (5)  Assist state and county agencies in their planning, zoning, and building regulation functions by publishing maps, delineating special earthquake risk zones, flood zones, rockslide areas, and other geological and ocean hazard risk zones; and, at the request of state or county agencies, review the siting of critical facilities;

     (6)  Cooperate with state and county agencies, quasi-governmental agencies, federal agencies, schools of higher education, and others in fields of mutual concern, which may include field investigations and preparation, publication, and distribution of reports and maps;

     (7)  Study and analyze other scientific, economic, or aesthetic problems as, in the judgment of the board, should be undertaken by the survey to serve the needs of the State and to support the development of natural resources and utilization of land and ocean resources within the State;

     (8)  Prepare, publish, distribute, and sell maps, reports, and bulletins, embodying the work accomplished by the survey, directly or in collaboration with others, and collect and prepare exhibits of the geological and mineral resources of this State and interpret their significance;

     (9)  Collect, maintain, and preserve data and information in order to accomplish the purposes of this chapter and act as a repository for information concerning the geology of this State; and

    (10)  Seek federal grants, loans, or participation in federal programs, and, in accordance with applicable federal program guidelines, administer federally funded state programs related to the purposes of this chapter.

(b)  The survey may undertake joint projects with private entities if:

     (1)  The action is approved by the board;

     (2)  The projects are not inconsistent with the State's objectives; and

     (3)  The results of the projects are available to the public.

(c)  Subject to the authority granted to the department, the survey may enter into cooperative agreements with the entities specified in subsection (a)(6) if approved by the board, and may accept or commit allocated or budgeted funds in connection with those agreements.

§   -4  Rules.  The board shall adopt rules in accordance with chapter 91 for the purposes of this section."

     SECTION 3.  Section 225M-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The statewide geospatial information and data integration special fund shall be used to help defray the cost of, including but not limited to the following:

     (1)  Programs and activities to implement this chapter, including the provision of state funds to match federal funds from the United States Geological Survey or other federal departments[;].  The office of planning shall consult and coordinate its efforts with the Hawaii geological survey, as appropriate; and

     (2)  Operating costs of the statewide planning and geographic information system, including acquisition and maintenance of hardware or software necessary to implement this chapter, acquisition and maintenance of geospatial and other data, application development, training, and other products or services of general benefit to the statewide geospatial information and data integration program and its stakeholders."

     SECTION 4.  Section 304A-1502, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-1502[]  State geophysicists.] Staff.  The staff of the geophysics and planetology institute shall include a specialist qualified in geology and a specialist qualified in volcanology, or a specialist qualified in both fields [(to be designated as state geologist and state volcanologist or state geologist and volcanologist, as appropriate)], whose duties shall include consultation with state officials, departments, and agencies concerning possible applications of these fields and research desirable to facilitate such applications.  [Other state geophysicists may be designated as appropriate in the opinion of the director and the board of regents.]

     The [state] geophysicists may undertake applied research required in their respective fields by state officials, departments, and agencies, but their personal conduct of the applied research may be limited by the director, to such an extent as, in the director's opinion, is necessary to ensure the conduct of fundamental research and training required by the long-range interests of the State."

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2008-2009 for the purpose of establishing the Hawaii geological survey, including the hiring of necessary staff.

     The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

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


     SECTION 7.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

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