HOUSE OF REPRESENTATIVES

H.B. NO.

2388

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to native hawaiians.

 

 

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

 


     SECTION 1.  (a)  There is established a geothermal royalties working group within the office of Hawaiian affairs for administrative purposes.  The geothermal royalties working group shall consist of the following members:

     (1)  The chairperson of the board of trustees of the office of Hawaiian affairs or the chairperson's designee;

     (2)  The chief executive officer of the office of Hawaiian affairs or the chief executive officer's designee;

     (3)  The chairperson of the Hawaiian homes commission or the chairperson's designee;

     (4)  The chairperson of the board of land and natural resources or the chairperson's designee;

     (5)  The attorney general or the attorney general's designee;

     (6)  The director of taxation or the director's designee;

     (7)  The director of business, economic development, and tourism or the director's designee;

     (8)  The director of public safety or the director's designee;

     (9)  A member of the Native Hawaiian community;

    (10)  A member of the Hawaii interagency council on homelessness;

    (11)  A member representing the geothermal industry; and

    (12)  Any other agency, designee, or member deemed appropriate by the chairperson of the board of trustees of the office of Hawaiian affairs.

     (b)  The working group shall investigate the feasibility of requiring companies producing geothermal energy in Hawaii to pay royalties to benefit Native Hawaiians with a blood quantum level of fifty per cent or less for programs related to homelessness, affordable housing, and incarceration.  The investigation shall include but not be limited to the following:

     (1)  The amount of royalties that may be generated by geothermal production companies in Hawaii;

     (2)  The estimated amount of royalties each Native Hawaiian individual would receive from geothermal producers and the method used to determine this amount;

     (3)  The recommended method for the collection of royalties from geothermal producers in Hawaii and payment of these royalties to Native Hawaiians;

     (4)  The effects the payment of royalties would have on the Native Hawaiian population including effects on homelessness and incarceration rates of Native Hawaiians;

     (5)  Any legal concerns or issues that may develop as a result of establishing a geothermal royalty payment program;

     (6)  The department, agency, or organization that would have jurisdiction over a geothermal royalty payment program and be responsible for oversight of the program including the collection and distribution of royalties;

     (7)  The effect the payment of geothermal royalties would have on the State's economy;

     (8)  Costs involved in establishing and maintaining a geothermal royalty payment program;

     (9)  Expected positive benefits and negative impacts, financial or otherwise, that may be realized by the State;

    (10)  Examination of other state laws requiring payment of royalties to certain populations for the use of natural resources;

    (11)  Necessary changes to the Hawaii Revised Statutes required for the implementation of a geothermal royalty payment program; and

    (12)  Any other objective deemed necessary by the chairperson of the board of trustees of the office of Hawaiian affairs or the working group.

     (c)  Members of the working group shall serve without pay, but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.

     SECTION 2.  The chairperson of the board of trustees of the office of Hawaiian affairs, in consultation with the working group, shall submit a report to the legislature, including findings, recommendations, and any implementing proposed legislation no later than twenty days prior to the convening of the regular session of 2015.

     SECTION 3.  No member of the geothermal royalties working group shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the working group.

     SECTION 4.  This Act shall take effect upon its approval; provided that the working group shall cease to exist on June 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Native Hawaiians; Geothermal Energy; Royalties.

 

Description:

Establishes a working group within the Office of Hawaiian Affairs to investigate the feasibility of requiring companies producing geothermal energy in Hawaii to pay royalties to Native Hawaiians.

 

 

 

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