HOUSE OF REPRESENTATIVES	H.B. NO.	1148
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to land and natural resources.

 

 

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

 

     SECTION 1.  The legislature finds that the department of land and natural resources (department) is responsible for managing and administering the natural and cultural resources of the State.  These resources are impacted by a variety of economic, environmental, and anthropogenic factors, some of which may change rapidly and frequently.  To effectively manage these natural resources, the department charges fees to help defray costs of activities necessary to manage those resources.

     The legislature further finds that the administrative rule‑making process prescribed by chapter 91, Hawaii Revised Statutes, serves the important function of providing opportunity for public review and input.  However, it is not designed for implementation of fee structures in response to rapidly changing economic conditions.

     The legislature finds that an alternative process with fewer procedural steps would enable the department to quickly update fee structures to respond to rapidly changing conditions, while also providing opportunity for public review and input.

     The purpose of this Act is to authorize the board of land and natural resources to adopt, amend, and repeal administrative fees for the various divisions within the department by formal board action at a publicly noticed meeting.

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-     Administrative fee schedules; adoption, amendment, and repeal.  (a)  Notwithstanding any other provision of law, the board shall have the authority to adopt administrative fee schedules for all activities for which the department and its divisions charge administrative fees.  Adoption of these administrative fee schedules is exempt from the requirements of chapter 91.  All department fees established by rule at the date of enactment may be deleted by rule and adopted as an approved administrative fee schedule without the need to comply with the requirements of chapter 91 in deleting the fees from existing rules, subject to amendment or repeal in accordance with the process established by this section.

     (b)  All department divisions shall make available on the department's website each proposed administrative fee schedule and the full text of the division's proposed fee schedule or changes to existing fee schedules.

     (c)  No less than thirty days prior to the board meeting at which the board will consider a proposed fee schedule adoption, amendment, or repeal, divisions shall post notice of the meeting on both the division and the department's website.  The notice shall include:

    (A)   The full text of the proposed schedule; and

    (B)   The date, time, and place where the board meeting will be held and where interested persons may provide written testimony or be heard on the proposed fee schedule adoption, amendment, or repeal.

     (d)  The board shall afford all interested persons the opportunity to submit data, views, or arguments, orally or in writing, on any proposed fee schedule adoption, amendment, or repeal.  The board shall fully consider all written and oral submissions and shall make its decision at the public meeting.

     (e)  Any administrative fee schedule hereafter adopted, amended, or repealed shall become effective ten days after adoption by the board, or if the board specifies a later effective date, the later date shall be the effective date.

     (f)  Each division shall prepare a copy of the administrative fee schedule changes according to the Ramseyer format and post this copy of the administrative fee schedule changes on the division and the department's website."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

DLNR; Administrative Fee Schedules; Board Powers

 

Description:

Authorizes the board of land and natural resources to adopt, amend, and repeal administrative fee schedules without regard to chapter 91, Hawaii Revised Statutes.  Establishes a process for the board to adopt, amend, and repeal administrative fee schedules, including public notice and meeting requirements.

 

 

 

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