Bill Text: HI HB1570 | 2017 | Regular Session | Amended
Bill Title: Relating To The Environment.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed - Dead) 2017-03-09 - Referred to TRE/CPH/AEN, WAM. [HB1570 Detail]
Download: Hawaii-2017-HB1570-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1570 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ENVIRONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the protection of natural resources is critical to the future of the State's tourism industry. Many visitors choose to vacation in the State to experience the unique natural resources that can be found only in Hawaii and nowhere else in the world. In fact, the 2015 visitor satisfaction and activity survey by the Hawaii tourism authority shows that Hawaii's natural beauty, natural assets, and scenery were the most often-mentioned detail by tourists when asked what made their travel to Hawaii "excellent". Consequently, the impact of a degraded environment would seriously affect the tourism sector by forever altering Hawaii's unique natural landscapes and the activities available within those settings, severely diminishing the State's attractiveness to visitors.
The importance of natural resource protection continues to grow as the State braces for the impacts of climate change. The Environmental Protection Agency has warned that climate change will have wide-ranging effects on the State. For example, higher average temperatures will stress native animals and plants. This has been evidenced in the decline of certain native species, such as the iconic Haleakala silversword, which has noticeably declined as temperatures and drought have both increased in its habitat. Higher temperatures have also allowed mosquitoes to expand their range higher into the mountains, causing an increase in diseases such as avian malaria among endangered native birds.
Higher ocean temperatures around Hawaii have disrupted the marine ecosystems in the State's fragile coral reefs, most notably from the impacts of coral bleaching, which is a phenomenon where higher sea temperatures kill the algae that coral rely on as a food source, turning wide patches of coral white as they die off. Because coral reefs are at the heart of their ecosystem, the Environmental Protection Agency estimates that up to forty per cent of the fish that rely on coral reefs could lose their habitats by the end of this century.
Even as the effects of climate change make natural resource protection ever more important, the legislature finds that the department of land and natural resources lacks the necessary funding to properly carry out its critical role as guardian of the environment. This lack of funding puts Hawaii's environment at risk and, therefore, seriously threatens an important foundation of the State's tourism industry. In particular, the legislature finds that the department's division of conservation and resources enforcement is the agency entrusted to uphold laws to protect, conserve, and manage the State's limited natural resources. The legislature finds that the division needs additional resources to carry out its mission effectively, given the vast scope of its responsibilities across the State.
The legislature also finds that Act 156, Session Laws of Hawaii 2005, established the legacy lands program, to preserve, protect, and enhance the State's land, coastal areas, and natural resources, and to provide a permanent adequate funding source for that purpose. The legislature also finds that, while the program has been successful, its own funding has dwindled for preservation of certain essential ecosystems and threatened habitats.
The legislature further finds that other states have successfully used voluntary contribution check-off boxes to raise money for the protection of their natural resources. A similar program in Hawaii will raise funds for the State's own environmental management and will engage visitors for this purpose.
The purpose of this Act is to provide the opportunity for persons renting cars in Hawaii to make a voluntary contribution toward the protection of the State's unique environment, which is a critical component of our tourism-based economy.
SECTION 2. Chapter 437D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§437D- Optional environmental impact contribution. (a) Every lessor who is required to register with the director under section 251-3 shall include an option in each rental agreement for the lessee to make a voluntary contribution to the department of land and natural resources to preserve and protect the environment. The option shall be printed in the rental agreement and the language of the option shall clearly state that the option is voluntary and does not affect the rental agreement. The department of land and natural resources shall approve the option language.
(b) The lessor shall collect and keep all records of all contributions collected pursuant to this section and shall provide receipts to all lessees who elect to contribute.
(c) Contributions collected pursuant to this section shall be remitted to the department of land and natural resources, which shall deposit the contributions at the end of every fiscal year as follows:
(1) Fifty per cent into the conservation and resources enforcement special fund established under section 199-1.5; and
(2) Fifty per cent into the land conservation fund established under section 173A-5."
SECTION 3. Section 173A-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The appropriate percentage identified under section 247-7 of all taxes imposed and collected under chapter 247 and contributions collected through rental agreements under section 437D- shall be deposited in or credited to the fund every fiscal year."
SECTION 4. Section 199-1.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The following shall be deposited into the conservation and resources enforcement special fund:
(1) Grants, awards, donations, gifts, transfers, or moneys derived from public or private sources for the purposes of enforcing the provisions of title 12; chapters 6D, 6E, and 6K; or any rule adopted thereunder;
(2) Fees, reimbursements, administrative charges, and penalties collected for activities related to the enforcement of natural, cultural, and historic resources protection laws and rules, except as otherwise provided by law that provides for deposits into other special funds administered by the department;
(3) Contributions collected through rental agreements under section 437D- ;
[(3)] (4) Moneys derived from interest,
dividends, or other income from the above-mentioned sources; and
[(4)] (5) Appropriations by the
legislature to the special fund."
SECTION 5. The department of land and natural resources shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to effectuate the purpose of this Act by July 1, 2018.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2020.
Report Title:
Environmental Conservation; Optional Contribution; Rental Motor Vehicles
Description:
Requires lessors of rental motor vehicles to include an option for the lessee in the motor vehicle rental agreement to contribute a sum to DLNR for the preservation and protection of the environment, commencing on January 1, 2020. (HB1570 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
