HB 2593: Mauna Kea Stewardship and Oversight Authority; Existing Leases and Subleases; Extension

A BILL FOR AN ACT

RELATING TO MAUNA KEA.

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

     SECTION 1.  Section 195H-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law to the contrary, all powers and duties of the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, concerning permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands are transferred to the authority upon the expiration of the transition period; provided that the authority may extend existing leases and subleases before the transfer for up to an additional ten-year term; provided further that the transfer of such powers and duties from the board of land and natural resources and the land use commission may occur earlier, upon approval of the authority, the board of land and natural resources, and the land use commission.  Upon the expiration of the transition period, the authority shall carry out the powers and duties otherwise conferred upon the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, with regard to permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Mauna Kea Stewardship and Oversight Authority; Existing Leases and Subleases; Extension

Description:

Authorizes the Mauna Kea Stewardship and Oversight Authority to extend existing leases and subleases for up to an additional ten-year term.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to mauna kea.

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

     SECTION 1.  The purpose of this Act is to:

     (1)  Extend for a period of ten years the master lease of Mauna Kea lands that is currently set to expire on December 31, 2033; and

     (2)  Require that all subleases of Mauna Kea lands to astronomical observatories be extended for a period of ten years.

     SECTION 2.  (a)  Notwithstanding any other law to the contrary:

     (1)  The lease between the board of land and natural resources and the university of Hawaii that was entered into on June 21, 1968, as General Lease S‑4191, as amended on September 21, 1999, as General Lease S-5529, and that is transferred to the Mauna Kea stewardship and oversight authority pursuant to part II of Act 255, Session Laws of Hawaii 2022; and

     (2)  Any other lease or easement between the board of land and natural resources and the university of Hawaii pertaining to Mauna Kea lands that is currently in effect, expires on December 31, 2033, and is transferred to the Mauna Kea stewardship and oversight authority pursuant to part II of Act 255, Session Laws of Hawaii 2022,

shall be extended, by operation of law, for a period of ten years, to expire on December 31, 2043; provided that nothing in this subsection shall be construed to amend, or authorize the amendment of, any other term or provision within the respective lease or easement except for the date upon which the lease or easement expires; provided further that nothing in this subsection shall be construed to affect the transfer of powers, functions, and duties from the university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to part II of Act 255, Session Laws of Hawaii 2022, or the Mauna Kea stewardship and oversight authority's power to manage Mauna Kea lands after the end of the transition period pursuant to section 195H-7, Hawaii Revised Statutes, or any other law.

     (b)  Notwithstanding section 195H-6(f), Hawaii Revised Statutes, or any other law to the contrary, and subject to the agreement of the respective astronomical observatory, all subleases of Mauna Kea lands to astronomical observatories shall be extended for a period of ten years, to expire on December 31, 2043; provided that nothing in this subsection shall be construed to amend, or authorize the amendment of, any other term or provision within a respective sublease except for the date upon which the sublease expires.

     (c)  As used in this section:

     "Astronomical observatory" means any person or entity that leases any portion of Mauna Kea lands for the purpose of operating a telescope observatory or for other astronomical research purposes.

     "Mauna Kea lands" has the same meaning as in section 195H‑2, Hawaii Revised Statutes.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Board of Land and Natural Resources; Mauna Kea Stewardship and Oversight Authority; University of Hawaii; Mauna Kea Lands; Astronomical Observatories; Lease; Subleases; Extension

Description:

Extends for 10 years the master lease of Mauna Kea lands that is set to expire on December 31, 2033.  Requires that subleases of Mauna Kea lands to astronomical observatories be extended for 10 years.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  994-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2593

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2593, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MAUNA KEA,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Mauna Kea Stewardship and Oversight Authority to extend existing leases and subleases for up to an additional ten-year term.

     Your Committee received testimony in support of this measure from the Kona-Kohala Chamber of Commerce and Maunakea Observatories.  Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs; Green Party of Hawaiʻi; ʻO Makuʻu Ke Kahua; Pōkaku Pelemaka; Ka Lāhui Hawaiʻi; Malu ʻAina Center for Non-Violent Education & Action; HULI PAC; Chamber of Sustainable Commerce; and numerous individuals.  Your Committee received comments on this measure from the Mauna Kea Stewardship and Oversight Authority and University of Hawaiʻi System.

     Your Committee finds that observatories atop Mauna Kea serve as a hub for astronomical and scientific research.  Your Committee further finds that the observatories on Mauna Kea operate through lease agreements and that to prevent disruptions of scientific research, the State must ensure orderly transitions as these leases near expiration.  This measure promotes the continuity of observatory operations on Mauna Kea by authorizing the Mauna Kea Stewardship and Oversight Authority to extend existing leases and subleases.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2593, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  240-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2593

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 2593 entitled:

"A BILL FOR AN ACT RELATING TO MAUNA KEA,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Extend for a period of ten years the master lease of Mauna Kea lands that is currently scheduled to expire on December 31, 2033; and

     (2)  Require that all subleases of Mauna Kea lands to astronomical observatories be extended for a period of ten years.

     Your Committee received testimony in opposition to this measure from the Na Wai Hoʻola Nui Laʻau Lapaʻau Foundation; Faith Action for Community Equity; Kahua O Kakou Corporation; Green Party of Hawaiʻi; and numerous individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources; Department of the Attorney General; University of Hawaiʻi System; Mauna Kea Stewardship and Oversight Authority; League of Women Voters of Hawaii; and one individual.

     Your Committee finds that one of the most pressing issues for the survival of astronomy on Maunakea is the need for certainty regarding future observatory leases given the impending expiration of the University of Hawaii's master lease and all of the observatory subleases in 2033.  Your Committee further finds that the disinvestment by astronomical observatories has already begun and delays in long-term lease rights impede the ability of international and federal funding agencies to invest in long-term projects by the Maunakea observatories.  As a result, funding for vital management functions, including maintaining access to the mauna for practitioners, the community, and the public, is jeopardized.  Your Committee further finds that this measure is intended to provide some stability and certainty for the remaining astronomical observatories.

     Your Committee has amended this measure by:

     (1)  Authorizing the Mauna Kea Stewardship and Oversight Authority to extend existing leases and subleases for up to an additional ten-year term, rather than extending all leases and subleases through this measure;

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2593, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2593, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,