Bill Text: HI HB2559 | 2014 | Regular Session | Amended
Bill Title: Kawainui Advisory Council; Establishment; Appropriation ($)
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2014-02-06 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Yamane excused (1). [HB2559 Detail]
Download: Hawaii-2014-HB2559-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2559 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KAWAINUI.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Kawainui, encompassing approximately eight hundred thirty acres of land in Kailua, Oahu, is the State's largest remaining wetland and an ecological and cultural treasure of statewide interest. It has been identified by the United States Fish and Wildlife Service as a primary habitat for endemic and endangered Native Hawaiian birds such as the ‘alae ke‘oke‘o, ‘alae ‘ula, ae‘o, and koloa maoli. In 2005, the Ramsar Convention on Wetlands designated the Kawainui-Hamakua complex as a wetland of international importance in part due to the wetlands relationship to surrounding cultural sites.
Act 314, Session Laws of Hawaii 1990 (Act 314), directed the transfer to the State of that certain parcel owned by the city and county of Honolulu and bearing tax map key number 4‑2‑16:1, which encompasses the bulk of Kawainui. The parties were unsuccessful in completing the transfer.
Since the passage of Act 314, the health of the Kawainui area has declined significantly despite the advocacy and restoration efforts of community groups such as ‘Ahahui Malama I Ka Lokahi, the Kailua Hawaiian Civic Club, Kailua Historical Society, and the Windward Ahupua‘a Alliance.
Act 235, Session Laws of Hawaii 2007, again addressed the transfer of this parcel to the State. In October 2008, the city and county of Honolulu transferred ownership of the parcel to the State, and the department of land and natural resources was given jurisdiction over the complex.
In 2011, the department of land and natural resources began to hold public meetings to discuss a draft of the revised master plan for Kawainui. An informal community meeting was held in November 2013, and more than two hundred fifty people attended.
Ho‘olaulima Īa Kawainui, a network of conservation, native Hawaiian, education, and community organizations, has been assisting with planning the future of Kawainui since 2004. Members meet on a regular basis to share information, take action on issues affecting Kawainui, and participate in community events and forums to help educate the community about Kawainui. Ho‘olaulima Īa Kawainui has been an integral part of bringing the community together to focus on the restoration and stewardship of Kawainui.
The purpose of this Act is to ensure continued community participation in the preservation and protection of Kawainui after the completion of the master plan update process by establishing the Kawainui advisory council.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171‑ Kawainui advisory council. (a) There is established a Kawainui advisory council, to be placed within the department of land and natural resources for administrative purposes only. Notwithstanding any law to the contrary, the advisory council shall consist of nine voting members and five nonvoting members as follows:
(1) Nine voting members, appointed by the governor pursuant to section 26-34, representing Kawainui cultural, educational, environmental, landowner, and community stakeholder groups; provided that in appointing members pursuant to this section, the governor shall ensure broad representation from cultural, educational, environmental, landowner, and community groups; provided further that members appointed pursuant to this section shall serve a term of two years and no more than three consecutive terms; and
(2) Five nonvoting members representing the United States Army Corps of Engineers, United States Fish and Wildlife Service, department of land and natural resources forestry and wildlife division, department of land and natural resources state parks division, and city and county of Honolulu.
(b) Each voting member shall be appointed by the governor no later than December 31, 2014. The members of the advisory council shall not receive compensation for their service but shall be reimbursed for expenses, including travel expenses, incurred in their duties relating to the advisory council.
(c) A chairperson shall be elected annually by the council from among the council's voting members; provided that:
(1) Only a nongovernmental member shall be elected as chairperson; and
(2) No member may serve as chairperson for more than one term.
(d) Five voting members shall constitute a quorum to do business, and any action taken by the advisory council shall be validated by a simple majority of the quorum.
(e) The Kawainui advisory council shall:
(1) Facilitate implementation of the updated master plan by providing advisory input to the department of land and natural resources;
(2) Enhance community education and cultural awareness of Kawainui; and
(3) Participate in the protection and preservation of Kawainui's natural and cultural resources.
(f) The Kawainui advisory council shall submit a report to the legislature no later than twenty days prior to the convening of each regular session beginning with the regular session of 2016; provided that the report to the legislature prior to the convening of the regular session of 2023 shall include a recommendation as to whether or not the advisory council should be dissolved on June 30, 2024."
SECTION 3. Until the Kawainui advisory council is established pursuant to section 2 of this Act, the department of land and natural resources shall consult with Ho‘olaulima Īa Kawainui on all issues relating to Kawainui. The department of land and natural resources, in collaboration with Ho‘olaulima Īa Kawainui, shall submit a report of its findings to the legislature no later than twenty days prior to the convening of the regular session of 2015.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000 or so much thereof as may be necessary for fiscal year 2014-2015 to support the work of the Kawainui advisory council, including the implementation of the Kawainui master plan, and for one full time equivalent (1.0 FTE) executive secretary within the department of land and natural resources to support the work of the Kawainui advisory council.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2020; provided that:
(1) Section 4 shall take effect on July 1, 2014; and
(2) This Act shall be repealed on June 30, 2024.
Report Title:
Kawainui Advisory Council; Establishment; Appropriation
Description:
Establishes the Kawainui Advisory Council. Requires an annual report to the Legislature. Appropriates moneys to the Department of Land and Natural Resources for the work of the council. Effective July 1, 2020. Repeals the Kawainui Advisory Council on June 30, 2024. (HB2559 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
