SB1393 amends Hawaii law governing transfers or leases of state lands to the School Facilities Authority (SFA). The bill requires the SFA to consult with the Department of Education, or any other impacted department or agency, before initiating or requesting a transfer or lease of lands or property owned or occupied by that entity. It also preserves the governor’s approval role and allows the impacted department or agency to convey title or lease the identified lands, or an agreed-upon portion, on terms and conditions the parties agree to.
The bill further repeals language that had required the Department of Education to transfer title to lands it holds upon request of the SFA. In effect, SB1393 shifts the process from a more mandatory transfer framework to a collaborative, consultation-based framework intended to better align land decisions with the operational and strategic goals of the affected agency, especially the Department of Education.
Impact
SB1393 would amend Section 302A-1705, Hawaii Revised Statutes, by changing how state lands under another department’s control may be conveyed or leased to the School Facilities Authority. It removes the automatic request-based transfer language and replaces it with a consultation requirement, while still allowing conveyance or lease with gubernatorial approval and agreement on terms. The bill primarily affects the Department of Education, the School Facilities Authority, and any other state department or agency whose lands may be identified for school facilities purposes.
Sentiment
The available legislative history suggests generally favorable support for the bill’s approach. The Senate Education Committee passed the measure with amendments by a 5-0 vote, indicating broad agreement with the goal of improving coordination and protecting agency control over land use decisions. The bill’s findings frame the change as a balanced, transparent, and cooperative process that supports public benefit and avoids disruption to the Department of Education’s mission.
Contention
The main point of contention addressed by the bill is the prior requirement that the Department of Education transfer title to lands it holds upon request of the School Facilities Authority. Supporters of the bill view that requirement as too rigid and potentially disruptive to the department’s educational mission, while the amended bill emphasizes consultation and agency discretion. The bill also reflects a broader concern about ensuring that land transfers do not proceed without input from the department or agency most familiar with the land’s current use and operational needs.
Modifies collective Statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.
Modifies collective statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.