Bill Text: HI SB3192 | 2022 | Regular Session | Amended

Hawaii Senate Bill 3192 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating To Natural Resource Management.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed - Dead) 2022-03-17 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on LAT with none voting aye with reservations; none voting no (0) and none excused (0). [SB3192 Detail]

Download: Hawaii-2022-SB3192-Amended.html

THE SENATE	S.B. NO.	3192
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NATURAL RESOURCE MANAGEMENT.

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

SECTION 1. The legislature finds that Hawaii's natural resources, including reefs, beaches, oceans, forests, streams, estuaries, and shorelines, provide irreplaceable and invaluable benefits to visitors and the global community at large.

The legislature further finds that Hawaii's natural environment faces significant environmental pressure from the heavy use it receives from persons traveling from throughout the world to enjoy the State's natural beauty and resources. Continuing underinvestment in the protection and care of natural resources poses a significant liability to the visitor industry, the stability of our natural systems including our water quality, economic resilience, and health and safety of the citizens of the State.

Hawaii residents already contribute significantly to the protection and management of our natural resources through taxes, environmental care and management, subsistence and cultural practices, and through civic responsibility driven by values and practices embodied in our state constitution; but with escalating visitor impacts, there is an immediate need for additional resources to protect, restore, and manage natural resources. It is reasonable and timely to ask visitors who enjoy Hawaii's natural resources to further contribute to their protection, restoration, and care.

The legislature believes that a fee paid by visitors who enjoy Hawaii's public parks, beaches, and trails could generate necessary funding each year to enable Hawaii to offset the adverse impacts of visitors and provide additional resources to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources.

The legislature further finds that visitor impact fees have been successfully implemented at other visitor destinations around the world, including the Galapagos Islands, New Zealand, and Palau.

The legislature also believes that it is imperative to raise additional revenues to offset visitor impacts, to ensure we leave a positive environmental legacy for future generations. An environmental visitor fee provides a reasonable and appropriate way to generate these needed revenues.

The purpose of this Act is to establish a visitor impact fee program, to be administered by the department of land and natural resources, as a license required by visitors for usage of Hawaii's public beaches, parks, trails, coastlines, and environment. The purpose of the visitor impact fee program shall be to provide sustained funding for the protection, restoration, and care of Hawaii's state-owned natural and outdoor recreational resources and build the resilience of these resources to the impacts of increased visitor use.

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

"Part . VISITOR IMPACT FEE PROGRAM

§171-A Definitions. For purposes of this part:

"Commission" means the environmental legacy commission.

"Department" means the department of land and natural resources.

"Fund" means the visitor impact fee special fund established pursuant to section 171-G.

"License" means a license issued pursuant to this part.

"Licensee" means a person who is issued a license pursuant to this part.

"Nonprofit organization" means a private, nonprofit organization, with nonprofit status acknowledged by the United State Internal Revenue Service, that qualifies under section 501(c)(3) of the Internal Revenue Code, as amended, and has among its charitable purposes the preservation, restoration, management, or interpretation of natural or cultural resources for scientific, historic, educational, recreational, scenic, wildlife, or open-space purposes, the protection of the natural environment or biological resources, or both, the preservation or enhancement of wildlife, or both, and the protection or interpretation, or both, of Native Hawaiian cultural resources.

"Program" means the visitor impact fee program.

"Resident of Hawaii" means an individual who has:

(1) Filed or paid state income taxes for the previous tax year; or

(2) Established domicile in the State, as evidenced by documentation showing the individual's address, including any of the following:

(A) A valid Hawaii driver's license;

(B) A valid Hawaii state identification card;

(D) Any other official document issued to the individual within the last thirty days by a government agency, financial institution, insurance company, or utility company in the State.

"Visitor" means a person in Hawaii who is not a resident of Hawaii.

§171-B Visitor impact fee program; license; signs. (a) There is established within the department the visitor impact fee program. The purpose of the program shall be to collect a fee from visitors and allocate that revenue to protect and manage state-owned natural resources.

(b) Each visitor who is fifteen years of age or older who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land shall first pay a visitor impact fee to obtain a license pursuant to this part.

(c) The department shall place signs at state parks, beaches, state-owned forests, trail heads, other state-owned natural areas to inform visitors of the requirement to pay a visitor impact fee and obtain a license pursuant to this section.

§171-C License; purchase. (a) The department shall establish convenient opportunities for visitors to pay a visitor impact fee and be issued a license including through the use of:

(1) A mobile application; and

(2) An internet website.

The department may authorize retail establishments and nonprofit organizations to accept payment of a visitor impact fee and issue a license.

(b) The amount of the visitor impact fee shall be $ ; provided that the chairperson of the board of land and natural resources may increase the fee no more frequently than once every five years.

§171-D Penalties. (a) Any applicable person who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land without first paying a visitor impact fee and obtaining a license in violation of section 171-B(b) shall be liable for a civil fine not to exceed $ .

(b) Any civil fine provided under this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court.

§171-E Environmental legacy commission; established; members. (a) There is established within the department the environmental legacy commission. The commission shall guide the department's disbursement of revenues collected pursuant to this part.

(b) The commission shall comprise:

(1) The following ex officio members:

(A) The chairperson of the board of land and natural resources or the chairperson's designee, who shall serve as the chairperson of the commission;

(B) The director of agriculture or the director's designee;

(D) The chief executive officer of the Hawaii tourism authority or the chief executive officer's designee; and

(2) The following members, who shall be recommended to serve by the officials provided in this paragraph and shall be appointed by the governor in the manner prescribed in section 26-34:

(A) One representative of a nonprofit environmental organization having expertise on the protection, restoration, and care of terrestrial natural resources, who shall be recommended to serve by the chairperson;

(B) One representative of a nonprofit environmental organization having expertise on the protection, restoration, and care of marine and coastal natural resources, who shall be recommended to serve by the chairperson;

(C) One representative of a nonprofit environmental organization having expertise on climate change mitigation and resiliency, who shall be recommended to serve by the chairperson;

(D) Up to two representatives from the Native Hawaiian community who have expertise in the protection, restoration, care, and interpretation of Native Hawaiian cultural resources, who shall be recommended to serve by the chairperson;

(E) One representative between the age of eighteen and twenty-five years of age, inclusive, who works or has worked in the field of environmental sustainability or restoration, or both, who shall be recommended to serve by the chairperson; and

(F) One representative from the visitor sector and tourism industry, who shall be recommended to serve by the chief executive officer of the Hawaii tourism authority.

(d) The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

§171-F Environmental legacy commission; powers; duties. (a) The commission shall guide and approve the department's disbursement of visitor impact fee revenues deposited into the fund:

(1) For the purposes described in subsection (b) to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources and its unique and vulnerable ecosystem;

(2) With transparency and accountability; and

(3) In a manner that maximizes the effectiveness of the visitor impact fee program.

(b) Subject to subsection (d), the commission shall allocate moneys deposited into the fund for projects that offset adverse environmental impacts caused by licensees, ensure that the State's natural resources are maintained for continued use by licensees, or both, such as projects that directly restore, enhance, and protect in perpetuity state-owned natural resources and the State's unique and fragile ecological status, including projects that:

(1) Protect, restore, or enhance terrestrial or marine natural resources;

(2) Increase the resilience and adaptation of Hawaii's natural resources with environmentally beneficial strategies to reduce the adverse impacts of climate change, including coastal erosion, sea level rise, ocean acidification, coral bleaching, destruction of reefs, and other impacts; or

(3) Remove and control invasive species, and propagate and plant native species;

provided that the commission may allocate moneys to be expended directly by state agencies or may provide grants to nonprofit organizations, pursuant to section 171-H and subject to subsection (c), if the commission determines that no state agency has the expertise necessary to implement a project.

(1) Provide significant protection, restoration, and enhancement of Hawaii's natural resources; or

(2) Increase the accessibility, safety, and continued use of state-owned natural and outdoor recreational resources.

(d) In each year, no more than per cent of the allocation shall be allocated for grants to local governments and nonprofit organizations.

§171-G Visitor impact fee special fund; established. (a) There is established within the state treasury the visitor impact fee special fund.

(b) The following moneys shall be deposited into the fund:

(1) All revenue from visitor impact fees, less any costs incurred in collecting those fees;

(2) All fines collected pursuant to section 171-D, less any costs incurred in collecting those fines;

(3) Appropriations made by the legislature; and

(4) Grants and gifts made to the fund.

(1) Projects that offset adverse environmental impacts caused by licensees or ensure that the State's natural resources are maintained for continued use by licensees, or both; provided that moneys may be expended directly by state agencies or through grants as provided in section 171-F;

(2) The establishment of the commission pursuant to 171-E; and

(3) Creation and implementation of the visitor impact fee strategic plan.

§171-H Grants; qualifications and conditions. (a) For purposes of grants awarded pursuant to section 171-F, any organization requesting a grant shall:

(1) Be licensed and accredited, as applicable, under the laws of the State;

(2) Have at least one year's experience with the project or in the program area for which the request or proposal is being made; and

(3) Be, employ, or have under contract persons who are qualified to engage in the program or activity to be funded by the State.

(b) Recipients of grants shall be subject to the following conditions:

(1) Any organization requesting a grant shall submit its request together with all the information required by the department on an application form provided by the department;

(2) The recipient of a grant shall not use public funds for purposes of entertainment or perquisites;

(3) The recipient of a grant shall comply with applicable federal, state, and county laws;

(4) The recipient of a grant shall comply with any other requirements the department may prescribe;

(5) The recipient of a grant shall allow the department, the legislative bodies, and the legislative auditor full access to records, reports, files, and other related documents so that the program, management, and fiscal practices of the grant recipient may be monitored and evaluated to assure the proper and effective expenditure of public funds;

(6) Every grant shall be monitored pursuant to rules or policies established by the department to ensure compliance with this part; and

(7) Any recipient of a grant under this section who withholds or omits any material fact or deliberately misrepresents facts to the department or who violates the terms of the recipient's contract shall be in violation of this section and, in addition to any other penalties provided by law, shall be prohibited from applying for a grant under this section for a period of five years from the date of termination.

(c) The department shall provide grant recipients with access to any state-owned lands or natural resources necessary to effectuate the project for which the grant is awarded.

§171-I Report to legislature. (a) No later than twenty days prior to the convening of the regular session of 2025 and each year thereafter, the department shall submit a report to the legislature.

(b) The report shall contain information on ways that the fund restored, enhanced, and protected Hawaii's state-owned natural resources, and its unique and vulnerable ecosystem, during the previous fiscal year, as well as the benefits that accrue or will accrue from those expenditures to the benefit of the State's natural resources.

§171-J Rules. (a) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part, including any rules necessary to ensure that persons who purchase a license pursuant to this part are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land, to which access is granted by the license."

SECTION 3. (a) The department of land and natural resources shall amend its existing rules, including the fee schedule for state parks that is adopted pursuant to section 184-3.2, Hawaii Revised Statutes, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park or other state-owned natural areas to which access is granted by the license.

(b) No later than twenty days prior to the convening of the regular session of 2023, the department of land and natural resources shall submit to the legislature proposed legislation that recommends any statutory changes that are necessary, if any, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land to which access is granted by the license.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for deposit into the visitor impact fee special fund.

SECTION 5. There is appropriated out of the visitor impact fee special fund the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the establishment of the environmental legacy commission and a strategic plan with a timetable indicating how the established objectives and policies will be pursued and implemented pursuant to this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purpose of this Act.

SECTION 6. In codifying the new sections added by section 2 and referenced in section 3 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 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. This Act shall take effect on July 1, 2050.

Report Title:

DLNR; Visitor Impact Fee; Environmental Legacy; Appropriation

Description:

Establishes within the Department of Land and Natural Resources a visitor impact fee program to collect a fee to allow visitors to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area. Establishes the Environmental Legacy Commission to allocate the revenues from the visitor impact fee to protect and manage Hawaii's natural resources. Establishes the visitor impact fee special fund. Appropriates moneys. Takes effect 7/1/2050. (SD2)

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