Bill Text: HI SB2759 | 2024 | Regular Session | Amended
Bill Title: Relating To Land Leases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-03-12 - The committee(s) on WAL recommend(s) that the measure be deferred. [SB2759 Detail]
Download: Hawaii-2024-SB2759-Amended.html
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THE SENATE |
S.B. NO. |
2759 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND LEASES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly,
the purpose of this Act is to prohibit the State from leasing any public lands,
or extending the lease of any public lands, to any individual, corporation, or
federal agency that is not in good standing with the State or that has not met
all financial, contractual, and legal obligations.
SECTION 2. Section 171-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided, the following restrictions shall apply to all leases:
(1) Options for renewal of terms are prohibited;
(2) No lease shall be for a longer term than sixty-five years, except in the case of a residential leasehold, which may provide for an initial term of fifty-five years with the privilege of extension to meet the requirements of the Federal Housing Administration, Federal National Mortgage Association, Federal Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for Cooperatives, or Department of Veterans Affairs requirements; provided that the aggregate of the initial term and extension shall in no event exceed seventy-five years;
(3) No lease shall be made for any land under a lease that has more than two years to run;
(4) No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;
(5) No lease shall be transferable or assignable, except by devise, bequest, or intestate succession; provided that with the approval of the board, the assignment and transfer of a lease or unit thereof may be made in accordance with current industry standards, as determined by the board; provided further that prior to the approval of any assignment of lease, the board shall have the right to review and approve the consideration to be paid by the assignee and may condition its consent to the assignment of the lease on payment by the lessee of a premium based on the amount by which the consideration for the assignment, whether by cash, credit, or otherwise, exceeds the depreciated cost of improvements and trade fixtures being transferred to the assignee; provided further that with respect to state agricultural leases, in the event of foreclosure or sale, the premium, if any, shall be assessed only after the encumbrances of record and any other advances made by the holder of a security interest are paid;
(6) The lessee shall not sublet the whole or any part of the demised premises, except with the approval of the board; provided that prior to the approval, the board shall have the right to review and approve the rent to be charged to the sublessee; provided further that in the case where the lessee is required to pay rent based on a percentage of its gross receipts, the receipts of the sublessee shall be included as part of the lessee's gross receipts; provided further that the board shall have the right to review and, if necessary, revise the rent of the demised premises based upon the rental rate charged to the sublessee, including the percentage rent, if applicable, and provided that the rent may not be revised downward;
(7) The lease shall be for a specific use or uses and shall not include waste lands, unless it is impractical to provide otherwise;
(8) Mineral and metallic rights and surface
and ground water shall be reserved to the State; [and]
(9) No lease of public lands, including
submerged lands, or any extension of any lease of public lands shall be issued
by the State to any person to construct, use, or maintain a sunbathing or
swimming pier or to use the lands for those purposes, unless the lease, or any
extension thereof, contains provisions permitting the general public to use the
pier facilities on the public lands and requiring that a sign or signs be
placed on the pier, clearly visible to the public, that indicates the public's
right to the use of the pier. The board,
at the earliest practicable date, and where legally possible, shall cause all
existing leases to be amended to conform to this paragraph. The term "lease", for the purposes
of this paragraph, includes month-to-month rental agreements and similar
tenancies[.]; and
(10) Notwithstanding
the exceptions listed in paragraphs (1) and (4) through (15) of section 171-2, no
lease of public lands, including submerged lands, or any extension of any lease
of public lands, shall be issued by the State to
any individual, corporation, or federal agency that is:
(A) In arrears in the payment of any moneys
owed to the State, including:
(i) Impact aid owed to the State
pursuant to section 3 of Public Law 81-874, calculated based on the full cost
recovery methodology in compliance with Government Accountability Office
guidelines, in an amount determined by the office of the governor; or
(ii) Reimbursement to the State for actual
costs incurred by the State pursuant to any compact of free association, in an
amount determined by the office of the governor;
(B) Noncompliant with any order, consent
decree, or memoranda of agreement requiring the individual, corporation, or
federal agency to perform environmental maintenance or remediation activities
with regard to the subject public lands; or
(C) Convicted of a crime;
provided
that the board shall request and obtain certification from the office of the
governor before the issuance or extension of any lease to an individual,
corporation, or federal agency that the individual, corporation, or federal
agency is in good standing with the State pursuant to this section; provided
further that, if the individual, corporation, or federal agency is not in good
standing with the State, the governor shall not certify the lease or lease
extension until the individual, corporation, or federal agency has remitted
full payment of any unpaid balances owed to the State, carried out any required
environmental maintenance or remediation activities on the subject lands, or
completed any adjudicated penalties for any relevant criminal activity; provided
further that this paragraph shall not apply to leases and dispositions made by
the department of transportation."
SECTION 4. This Act does not waive the right of the State to terminate a lease at any time for any other grounds identified in the lease.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Office of the Governor; Board of Land and Natural Resources; Impact Aid; Public Lands; Leases
Description:
Prohibits the State from leasing any public lands, or extending the lease of any public lands, to any individual, corporation, or federal agency that is in arrears in the payment of certain moneys to the State, noncompliant with a consent decree or memoranda of agreement with the State that requires environmental maintenance or remediation with regard to the subject public lands, or convicted of a crime. Requires certification by the Office of the Governor before the issuance or extension of any federal lease that the individual, corporation, or federal agency is in good standing with the State. Provides that, if any existing lessee of public lands is found not to be in good standing with the State as of the effective date of this Act, the lessee shall have three years, or until the end of the lease term, whichever is sooner, to correct the violation or the lease shall be terminated. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
