Bill Text: HI HB1019 | 2021 | Regular Session | Amended
Bill Title: Relating To Ocean Stewardship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-10 - Act 046, 06/08/2021 (Gov. Msg. No. 1146). [HB1019 Detail]
Download: Hawaii-2021-HB1019-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1019 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OCEAN STEWARDSHIP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's ocean
waters and the marine resources contained within are some of the State's most
ecologically, economically, and culturally valuable environmental assets.
The legislature further finds that the
increasing popularity of marine ecotourism requires greater measures to ensure
the continued health of our marine ecosystems.
The broad range of recently documented anthropogenic impacts on coral
reef health, including coral bleaching, vessel groundings, anchoring and
mooring, diving activities, poaching, land-based and water‑based
pollutant discharges, and other direct and indirect uses of the State's coral
reefs, indicate that the department of land and natural resources may need a
more consistent and reliable source of funding to manage, protect, and restore marine
resources throughout the State. A sustainable
funding source is especially critical for successful implementation of the
State's 30x30 marine management process, which aims to create a cohesive
network of nearshore marine managed areas that benefits fisheries and ecosystem
resilience.
The purpose of this Act is to establish the
ocean stewardship special fund for the collection and use of moneys for the
conservation, restoration, and enhancement of the State's marine resources,
and to authorize the department of land and natural resources to collect fees for
the use and enjoyment of the State's ocean resources.
SECTION 2.
Chapter 187A, Hawaii Revised Statutes, is amended by adding a new part
to be appropriately designated and to read as follows:
"PART .
OCEAN STEWARDSHIP
§187A-A Ocean stewardship special fund. (a)
There is established the ocean stewardship special fund to be administered
by the department.
(b) The
following shall be deposited into the ocean stewardship special fund:
(1) Moneys
collected as user fees pursuant to section 187A-B;
(2) Revenues
due to the State from leases of any lands, facilities, equipment, and other
property owned by the department and used for or dedicated to the management,
research, restoration, and enhancement of aquatic resources;
(3) Moneys
collected as fines, bail forfeitures, attorney's fees, and administrative costs
for violations of subtitle 5 of title 12 or any rule adopted thereunder, other
than:
(A) Informer's fees authorized under section
187A-14;
(B) Fines or bail forfeitures for sport fishing
violations of this chapter and chapters 188, 189, and 190 pursuant to section
187A-9.5(b)(3); and
(C) Fines, bail forfeitures, or administrative
fines for violations of chapter 189 pursuant to section 189‑2.4(b)(3);
(4) Moneys
collected for the purposes of compensatory mitigation from federal or state
permitted impacts to the marine environment;
(5) Grants,
awards, donations, gifts, transfers, or moneys derived from private or public
services for the purposes of subtitle 5 of title 12, other than:
(A) Monetary contributions or moneys collected
from the sale of non-monetary gifts to benefit sport fish or sport fishing pursuant
to section 187A‑9.5(b)(5); and
(B) Monetary contributions or moneys collected
from the sale of non-monetary gifts to benefit aquatic life used for commercial
purposes or fishing for commercial purposes pursuant to section 189‑2.4(b)(5);
and
(6) Moneys
derived from interest, dividend, or other income from the above sources.
(c) Subject
to subsection (d), the ocean stewardship special fund shall be used to:
(1) Develop
and carry out marine resource conservation, restoration, enhancement, research,
regulatory measures, enforcement actions, educational activities, or any other management
measure intended to conserve, restore, and enhance marine resources under the
jurisdiction of the State;
(2) Develop
and carry out restoration and compensatory mitigation measures for impacts to
the marine environment, including impacts to the marine environment from
federal or state permitted actions, or violations of subtitle 5 of title 12 or
any rule adopted thereunder; and
(3) Install,
maintain, and replace day use mooring buoys and other infrastructure to reduce
impacts to the marine ecosystem.
(d) The
ocean stewardship special fund shall be held separate and apart from all other
moneys, funds, and accounts in the department; provided that any moneys received
from the federal government, through federal programs, or from private contributions,
shall be deposited and accounted for in accordance with conditions established
by the agency or private entity from whom the moneys are received; provided further
that twenty per cent of all funds collected under subsection (b)(1) and (2) shall
be payable to the office of Hawaiian affairs as ceded lands revenues. Any balance remaining in the fund at the end
of any fiscal year shall be carried forward in the fund for the next fiscal year.
(e) The proceeds of the ocean stewardship special
fund shall not be used as security for, or pledged to the payment of principal
or interest on, any bonds or instruments of indebtedness.
(f) Nothing in this section shall be construed to
prohibit the use of general funds or the funds of other programs and activities
to implement or enforce subtitle 5 of title 12 or any rule adopted thereunder,
concerning management and conservation of the State's
ocean waters and the resources therein.
§187A-B
Ocean stewardship user fee. (a) All operators of
commercial vessels, water craft, or water sports equipment that are required to
have a commercial operator permit pursuant to section 13-256-3(a), Hawaii
Administrative Rules, shall collect an ocean stewardship user fee from each
passenger carried or customer served.
(b) The ocean stewardship user fee shall be $1
per passenger or customer and shall be adjusted every five years to match
changes in the Consumer Price Index in the Honolulu area as reported by the United
States Bureau of Labor Statistics; provided that the fee shall not be adjusted
more than ten per cent every five years.
Fees collected pursuant to this section shall not be counted toward
"gross revenues" for purposes of section 200-10(c)(5).
(c) All
fees collected pursuant to this section shall be transferred to the department
on a monthly basis and shall be deposited in the ocean stewardship special
fund.
(d) The department shall adopt rules pursuant to
chapter 91 to implement this part."
SECTION 3. The ocean stewardship special fund, established by section 2 of this Act, shall be repealed and abolished on June 30, 2026, and any remaining balance shall lapse to the general fund.
SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. This Act shall take effect on January 1, 2050; provided that the collection of ocean stewardship user fee established in section 2 of this Act shall begin on January 1, 2024.
Report Title:
Ocean Stewardship Special Fund; Ocean Stewardship User Fee
Description:
Establishes the ocean stewardship special fund and ocean stewardship user fee for the collection and use of moneys for the conservation, restoration, and enhancement of the State's marine resources. Sunsets the special fund in five years. Delays collection of the ocean stewardship user fee until 1/1/2024. Effective 1/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
