SB 2018: OPSD; DLNR; Hawaii Climate Change Mitigation and Adaptation Commission; UH; Membership; Transfer

A BILL FOR AN ACT

RELATING TO CLIMATE CHANGE.

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

     SECTION 1.  The legislature finds that the office of planning and sustainable development, rather than the department of land and natural resources, is best equipped to effectively administer the Hawaii climate change mitigation and adaptation commission.  The office of planning and sustainable development is responsible for supporting the principles of the Hawaii State Planning Act, including state priorities for climate change adaptation, and leads the State's coordination of sea level rise adaptation activities.

     The legislature further finds that the office of planning and sustainable development is charged with coordinating activities across levels of government and ensuring cooperation to reach the State's goals.  The legislature recognizes that comprehensive and coordinated action is necessary to combat the impacts of climate change.

     Accordingly, to promote public safety, efficiency, and effectiveness, the purpose of this Act is to:

     (1)  Transfer the Hawaii climate change mitigation and adaptation commission from the department of land and natural resources to the office of planning and sustainable development for administrative purposes;

     (2)  Remove the manager of the coastal zone management program from the Hawaii climate change mitigation and adaptation commission; and

     (3)  Add a representative from the university of Hawaii to the Hawaii climate change mitigation and adaptation commission.

     SECTION 2.  Section 225P-3, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  There is established the Hawaii climate change mitigation and adaptation commission that shall be placed within the [department of land and natural resources] office of planning and sustainable development for administrative purposes only."

     2.  By amending subsection (c) to read:

     "(c)  The commission shall include the following members:

     (1)  The chairs of the standing committees of the legislature with subject matter jurisdiction encompassing environmental protection and land use;

     (2)  The chairperson of the board of land and natural resources or the chairperson's designee, who shall be the co-chair of the commission;

     (3)  The director of the office of planning and sustainable development or the director's designee, who shall be the co-chair of the commission;

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

     (5)  The chairperson of the board of directors of the Hawaii tourism authority or the chairperson's designee;

     (6)  The chairperson of the board of agriculture and biosecurity or the chairperson's designee;

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

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

     (9)  The director of transportation or the director's designee;

    (10)  The director of health or the director's designee;

    (11)  The adjutant general or the adjutant general's designee;

    (12)  The chairperson of the board of education or the chairperson's designee;

    (13)  The directors of each of the county planning departments, or the directors' designees; and

    (14)  [The manager of the coastal zone management program.] A representative of the university of Hawaii."

     SECTION 3.  All rights, powers, functions, and duties of the department of land and natural resources relating to the administration of the Hawaii climate change mitigation and adaptation commission are transferred to the office of planning and sustainable development.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and the officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 4.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the office of planning and sustainable development shall be transferred with the functions to which they relate.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

OPSD; DLNR; Hawaii Climate Change Mitigation and Adaptation Commission; UH; Membership; Transfer

Description:

Transfers the Hawaii Climate Change Mitigation and Adaptation Commission from the Department of Land and Natural Resources to the Office of Planning and Sustainable Development for administrative purposes.  Removes the manager of the Coastal Zone Management Program from the Commission.  Adds a representative from the University of Hawaii to the Commission.

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