Current through Chapter 253 of the 2024 Legislative Session
Section 195H-5 - Powers and responsibilities; generally(a) Except as otherwise limited by this chapter, the authority, as it pertains to the Mauna Kea land area, may:(1) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;(2) Make and alter bylaws for its organization and internal management;(3) Adopt rules pursuant to chapter 91 for the purposes of this chapter;(4) Conduct meetings in accordance with chapter 92 for the purposes of this chapter;(5) Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries;(6) Provide advisory, consultative, training, and educational services; technical assistance; and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;(7) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;(8) Contract for and accept gifts or grants in any form from any public agency or from any other source;(9) Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D;(10) Enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with any state agency, county agency, or private landowner;(11) Contract for executive and administrative employee services;(12) Call upon the attorney general for legal services or employ its own counsel in conformity with section 28-8.3; and(13) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter.(b) Notwithstanding any other law to the contrary, the authority shall: (1) Be the principal authority for the management of state-managed lands within the Mauna Kea lands;(2) Provide oversight and protect traditional and customary Native Hawaiian rights, as set forth in the Hawaii State Constitution, and not unduly burden individuals exercising these rights;(3) Establish a process that provides and ensures transparency, analysis, and justification for lease terms of its land and monetary consideration that is equitable, feasible, and financially sustainable;(4) Be prohibited from selling, gifting, transferring, or exchanging land under its control;(5) Engage in community dialogue, outreach, engagement, and consultation processes, as appropriate, on significant matters on at least an annual basis and more frequently, as needed; and(6) Consider various supplemental revenue sources to be deposited into the Mauna Kea management special fund, to the extent permitted by law.Added by L 2022, c 255,§ 2, eff. 7/1/2022.