Bill Text: HI SB636 | 2010 | Regular Session | Amended
Bill Title: Recreational Renaissance Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB636 Detail]
Download: Hawaii-2010-SB636-Amended.html
Report Title:
Recreational Renaissance Program
Description:
Fortifies the recreational renaissance program of the department of land and natural resources through various amendments to state law. (SB636 HD2)
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THE SENATE |
S.B. NO. |
636 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature, together with the administration, recognizes that extraordinary means must be employed to catch up on deferred maintenance on parks, forests, and ocean recreation facilities. With a one-time, substantial upgrade to our parks, trails, and ocean recreation systems, the State could go from being "reactive"–-where failing facilities absorb our time and attention–-to "proactive." With new facilities, the State can become progressive and focus more on the primary mission of serving the public.
At the same time, the legislature, together with the administration, recognizes that it is not enough to do a one-time upgrade, but that it is also necessary to put systems in place to ensure that the facilities are maintained at a higher standard. Keeping our parks, trails, and ocean recreation facilities at world-class levels requires more resources than have been available in the past.
Small boat harbors and ocean recreational areas constitute significant assets of the State. Their proper maintenance and operation allow Hawaii residents to benefit from the State's natural resources by engaging in recreational boating, commercial and personal fishing, and small business operations. In addition, visitors and residents alike use small boat harbors and launch ramps to participate in local, regional, and international yacht races, fishing tournaments, canoe regattas, surfing, and other water sports.
The state parks and trails systems contribute to the quality of the lives of our residents. Maintaining the natural resources of the State will ensure that future generations will continue to enjoy these assets. In addition, the legislature further finds that a connection exists between Hawaii's state park system and tourism. Tourists visit our islands each year to enjoy our great outdoors, including the natural beauty and the cultural treasures that comprise most of the state park system. Residents and visitors heavily use these facilities.
The department of land and natural resources is fundamentally restructuring the maintenance, restoration, and management of our parks and boating facilities. The department's recreational renaissance plan includes:
(1) A proposed one-time $ upgrade to park and boating facilities financed by $ in general obligation bonds and $ in reimbursable general obligation bonds;
(2) Additional fee increases to better support ongoing operations and maintenance at boat harbors and parks (primarily for slips, boat ramp access, concessions, and other commercial activities);
(3) Identification and development of specific state land parcels to create a dedicated revenue source to pay for the reimbursable general obligation bonds issuance;
(4) Development of at least one hundred nineteen new acres of light industrial space at Keehi lagoon as a long-term source of revenue to support park and conservation activities of the department of land and natural resources; provided that the department of land and natural resources is able to obtain federal approval to substitute alternative mitigation projects for this area, which has served as mitigation for the reef runway development. The legislature finds that the man-made, triangle-shaped island situated in the center of Keehi lagoon more than doubles the size of Ala Moana beach park and may serve as a center of economic and recreational activity if properly developed.
The purpose of this Act is to provide funding and the policy tools to enable the department of land and natural resources to implement its recreational renaissance plan by upgrading and maintaining state parks, trails, and ocean recreational facilities at world-class levels, and protecting the precious natural resources of the State.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171- Recreational renaissance special fund; established. (a) There is established in the department a special fund to be known as the recreational renaissance special fund. The fund shall be administered by the department. The following shall be deposited into the recreational renaissance special fund:
(1) Appropriations by the legislature;
(2) Moneys from public or private sources dedicated to recreational areas and facilities designated by the chairperson to be part of the department's recreational renaissance program, provided moneys are not currently going to the general fund;
(3) Moneys derived from interest and dividends from moneys in the special fund; and
(4) Proceeds from sales, rents from leases, licenses, and permits, or other income from other sources generated from recreational areas and facilities designated by the chairperson to be part of the department's recreational renaissance program.
(b) Notwithstanding any law to the contrary, the department, through its chairperson, may also at its discretion deposit moneys into the recreational renaissance special fund from the following special funds:
(1) The special land and development fund established under section 171-19;
(2) The state parks special fund established under section 184-3.4; and
(3) The boating special fund established under section 248-8;
provided that expenditures of funds transferred shall be consistent with the purposes of the special fund from which the moneys were transferred.
(c) The department, through its chairperson, may also deposit federal funds received as grants under the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669 et seq.; provided that the moneys are expended for the maintenance of planned shooting ranges.
(d) The department may expend moneys from the recreational renaissance special fund for the recreational renaissance program related to:
(1) Information technology to support the recreational renaissance program;
(2) Payment of principal and interest due on reimbursable general obligation bonds;
(3) Planning, design, and construction including repairs, replacement, additions, demolitions, entitlements, mitigation, and extensions of new and existing facilities, if necessary;
(4) Operation and maintenance costs of the recreational renaissance program of the department; and
(5) Land acquisition and related costs.
(e) Moneys on balance in the recreational renaissance special fund at the close of each fiscal year shall remain in the fund."
SECTION 3. Chapter 206J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206J- Partnership with department of land and natural resources for Keehi small boat harbor and triangle island. (a) Consistent with its general powers under this chapter, the development corporation shall have the authority to undertake projects including development of infrastructure, demolition, as necessary, and expansion of facilities and acquisition of lands for Keehi small boat harbor and triangle island, which are under the jurisdiction of the department of land and natural resources; provided that the development corporation shall not proceed with substitute alternative mitigation projects for the Keehi small boat harbor and triangle island area, which has served as mitigation for the reef runway development, unless the department receives federal approval by July 1, 2011. Notwithstanding any provision in section 206J-17, payments to the development corporation for its administrative and operational expenses shall be made by the department of land and natural resources and deposited into the Aloha Tower fund in a subaccount designated for projects related to Keehi small boat harbor and triangle island. The department of land and natural resources shall delegate to the development corporation the implementation of projects related to Keehi small boat harbor and triangle island. All projects, prior to implementation by the development corporation, shall be approved by the chairperson of the board of land and natural resources and the governor. After approval by the chairperson of the board of land and natural resources and the governor, the expending authority for the approved projects shall be delegated to the development corporation.
(b) Nothing in this section shall be interpreted to require the department of land and natural resources to proceed with the proposed development of Keehi small boat harbor and triangle island, nor shall it remove the permitting and review process that would accompany a project of this nature proposed by the department of land and natural resources."
SECTION 4. Section 171-132, Hawaii Revised Statutes, is amended to read as follows:
"§171-132 Designation of industrial
park. A contiguous area of not less than five acres of public lands [which]
that is classified or otherwise determined by the board as suitable and
economically feasible for industrial use may be designated as an industrial
park:
(1) By resolution adopted by the board [of land
and natural resources], and approved by the legislature by concurrent
resolution; or
(2) By law.
For the purposes of this section, a "contiguous area" may include existing roadways that provide access to or within the industrial park."
SECTION 5. Section 171-135, Hawaii Revised Statutes, is amended to read as follows:
"§171-135 Joint venture or development
agreement. (a) An industrial park may be developed under section 171-134
by the department in partnership or under a development agreement with a
federal agency, county, or private party subject to a partnership or
development agreement executed by the chairperson of the board[; provided
that if the industrial park is to be developed in partnership or under a
development agreement with a private party, the private party shall be selected
in accordance with section 103D-302 or 103D-303]. At a minimum, the
agreement shall provide for:
(1) A determination by the board that the partnership agreement or the development agreement is for a public purpose;
(2) Long-term assurance that the public land within
the industrial park will be [utilized] used for industrial uses;
(3) Final approval by the board of the plans and specifications for the industrial park;
(4) Exclusive authority by the board to issue leases or master leases within the industrial park; and
(5) Conditions to ensure a public benefit from any state funds expended for the industrial park.
(b) Notwithstanding any other provision of law to the contrary, a partnership or development agreement entered into pursuant to subsection (a) may provide for:
(1) The board to issue master leases within an industrial park by negotiation, without regard to the limitations provided in sections 171-16(c) and 171-59(a), to the entity that developed or will develop the industrial park or the nominee or nominees of the entity that developed or will develop the industrial park; and
(2) A master lease with terms and conditions upon which the master lessee may issue tenant subleases within the industrial park without the consent of the board."
SECTION 6. Section 200-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Vessels used for [purposes of]
recreational boating activities [which] that are also the
principal habitation of the owners shall occupy no more than one hundred
twenty-nine berths at Ala Wai boat harbor and thirty-five berths at Keehi boat
harbor, which is equal to fifteen per cent of the respective total moorage
space that was available as of July 1, 1976, at the Ala Wai and Keehi boat
harbors. [Notwithstanding the purposes of small boat harbors, moorage for
commercial vessels and commercial vessel activities is not permitted in the Ala
Wai and Keehi boat harbors; provided that commercial] Commercial catamarans,
for which valid use permits or existing registration certificates
have been issued by the department [which] that allow the
catamarans to operate upon Waikiki shore waters for hire, may be permitted to
moor in Ala Wai boat harbor at facilities leased for commercial purposes.
The total number of valid commercial use permits that may be issued for vessels assigned mooring in Ala Wai boat harbor shall not exceed fifteen per cent of the total berths and shall not exceed thirty-five per cent of the total berths at the Keehi boat harbor. The board shall designate mooring areas for commercial vessels within the Ala Wai and Keehi boat harbors to minimize the effects on the harbor and recreational boaters. Commercial mooring areas shall be phased-in in a manner as to not permanently displace any existing recreational boaters or existing catamaran operators.
The department shall allow a sole proprietor of a catamaran operating with a valid commercial use permit or existing registration certificate issued by the department for a commercial catamaran to land its commercial catamaran on Waikiki beach and to operate upon Waikiki shore waters for hire, to transfer the ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to operate under the commercial use permit or existing registration certificate. The existing commercial use permit or existing registration certificate shall be reissued in a timely manner in the name of the transferee corporation or other business entity. No commercial use permit or existing registration certificate issued to an owner of a commercial catamaran operating in the Waikiki area shall be denied or revoked without a prior hearing held in accordance with chapter 91."
SECTION 7. Section 200-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The permittee shall pay moorage fees
to the department for the use permit that shall be based on[,] but not
limited to[,] the use of the vessel, its effect on the harbor, use of
facilities, and the cost of administering this mooring program; and,
furthermore:
(1) [Moorage] Except for commercial
maritime activities for which there is a tariff established by the department
of transportation, moorage fees shall be established by appraisal by a
state licensed appraiser approved by the department, and shall be
higher for nonresidents[;]. The mooring fees shall be set by
appraisal categories schedule A and schedule B, to be determined by the department,
and shall increase accordingly, annually, by an amount equal to the consumer
price index increase, if any; provided that:
(A) Schedule A shall include existing mooring permittees with an annual increase toward schedule B rates spread out evenly over a five-year period; and
(B) Schedule B shall apply to all new mooring applicants and transient slips on or after July 1, 2009;
(2) For commercial maritime activities for which there is a tariff established by the department of transportation, harbors division, the department may adopt the published tariff of the department of transportation, harbors division, or establish the fee by appraisal by a state licensed appraiser approved by the department;
[(2)] (3) An application fee shall be
collected when applying for moorage in state small boat harbors and shall
thereafter be collected annually when the application is renewed. The
application fee shall be:
(A) Set by the department; and
(B) Not less than $100 for nonresidents;
[(3)] (4) If a recreational vessel is
used as a place of principal habitation, the permittee shall pay, in addition
to the moorage fee, a liveaboard fee that shall be calculated at a rate of:
(A) $5.20 a foot of vessel length a month if the permittee is a state resident; and
(B) $7.80 a foot of vessel length a month if the permittee is a nonresident;
provided that the liveaboard fees established by
this paragraph may be increased by the department at the rate of the annual
cost-of-living index, but not more than five per cent in any one year,
beginning [January] July 1 of each year; [and
(4)] (5) If a vessel is used for
commercial purposes from its permitted mooring, the permittee shall pay, in
lieu of the moorage and liveaboard fee, a fee based on [three]:
(A) Three
per cent of the gross revenues derived from the use of the vessel; or [two]
(B) Two
times the moorage fee plus utility and common area maintenance fees assessed
for a recreational vessel of the same size, whichever is greater[.];
and
(6) The department is authorized to assess and collect utility fees, including electrical and water charges and common area maintenance fees in small boat harbors."
SECTION 8. For any projects paid with state funds by the department of land and natural resources pursuant to Act 118, Session Laws of Hawaii 2006, as amended by Act 89, Session Laws of Hawaii 2007, as amended by Act 94, Session Laws of Hawaii 2008, that become eligible for federal reimbursement, the federal reimbursement funds shall be deposited into the recreational renaissance special fund established by this Act, to be used for the purposes of the recreational renaissance program of the department of land and natural resources.
SECTION 9. The recreational renaissance plan for water-based facilities and areas (boating and ocean recreation) may include the following improvements: boat ramps, including widening; boat wash-down areas; comfort stations; pavilions; offices; piers; docks; infrastructure improvements (roads, parking lots, water systems, sewer systems, drainage systems, electrical, telephone, lighting, signage, fencing, landscaping, irrigation systems, etc.); breakwater/revetment improvements; dredging; sand by-passing; environmental restoration/mitigation channel markers, mooring and demarcation buoys; ocean recreational facilities; environmental restoration/mitigation; dry dock areas; public safety, security, and enforcement capacity; and other improvements. The improvements for the recreational renaissance plan for water-based facilities and areas (boating and ocean recreation) may be constructed at but not limited to the following locations:
(1) Kawaihae small boat harbor (south), Hawaii;
(2) Honokohau small boat harbor, Hawaii;
(3) Kailua-Kona wharf, Hawaii;
(4) Keauhou small boat harbor, Hawaii;
(5) Puako boat ramp, Hawaii;
(6) Kawaihae small boat harbor (north), Hawaii;
(7) Wailoa small boat harbor, Hawaii;
(8) Port Allen small boat harbor, Kauai;
(9) Nawiliwili small boat harbor, Kauai;
(10) Kukuiula small boat harbor, Kauai;
(11) Waikaea boat ramp, Kauai;
(12) Kikiaola small boat harbor, Kauai;
(13) Manele small boat harbor, Lanai;
(14) Lahaina small boat harbor, Maui;
(15) Mala boat ramp, Maui;
(16) Kihei boat ramp, Maui;
(17) Kahului boat ramp, Maui;
(18) Maalaea small boat harbor, Maui;
(19) Maliko boat ramp, Maui;
(20) Kaunakakai small boat harbor, Molokai;
(21) Sand Island ocean recreation park, Oahu;
(22) Ala Wai small boat harbor, Oahu;
(23) Keehi small boat harbor, Oahu;
(24) Kahana boat ramp, Oahu;
(25) Maunalua bay, Oahu;
(26) Heeia Kea small boat harbor, Oahu;
(27) Haleiwa small boat harbor, Oahu;
(28) Waianae small boat harbor, Oahu; and
(29) Sand Island boat ramp, Oahu.
SECTION 10. The recreational renaissance plan for land-based facilities and areas (state parks and forestry and wildlife) may include the following improvements: comfort stations; pavilions; cabins; camping areas; picnic areas; visitor/educational/ranger station centers; concession facilities; caretaker residences; palace facilities; memorial areas; shoreline stabilization; flood and rockfall mitigation; heiau, fishpond, and rock wall restorations; protective measures at cultural and archaeological sites; dredging; infrastructure improvements (roads, parking lots, bridges, water systems, sewer systems, composting toilets, drainage systems, electrical, telephone, lighting, signage, fencing, gates, landscaping, irrigation systems, etc.); informational/interpretive signage and display devices; climate control systems; lookouts/viewing areas; new trails and trail restorations; boardwalks; shooting ranges; off highway vehicle trails; marina facilities; pier improvements; waterbird sanctuaries and wetland restoration; master plans and environmental assessments; land acquisition; asset management plan; entry and parking control stations; environmental restoration/mitigation; public safety, security, and enforcement capacity; and other improvements. The improvements for the recreational renaissance plan for land-based facilities and areas (state parks and forestry and wildlife) may be constructed at but not limited to the following locations:
(1) Hapuna Beach state recreation area, Hawaii;
(2) Wailoa River state recreation area, Hawaii;
(3) Kekaha Kai state park, Hawaii;
(4) Kiholo state park, Hawaii;
(5) Akaka Falls state park, Hawaii;
(6) Wailuku state park, Hawaii;
(7) Kalopa state recreation area, Hawaii;
(8) Hulihee palace, Hawaii;
(9) Lapakahi state historical park, Hawaii;
(10) Kealakekua Bay state historical park, Hawaii;
(11) Ala Kahakai national historic trail, Hawaii;
(12) Upper Waiakea forest reserve, Hawaii;
(13) Mauna Loa forest reserve, Hawaii;
(14) Hilo watershed forest reserve, Hawaii;
(15) Puu Anahulu game management area, including the proposed Hawaii island public shooting range, Hawaii;
(16) Kapapala forest reserve, Hawaii;
(17) Mauna Kea forest reserve, Hawaii;
(18) Kohala forest reserve, Hawaii;
(19) Kokee state park, Kauai;
(20) Waimea Canyon state park, Kauai;
(21) Haena state park, Kauai;
(22) Napali Coast state wilderness park, Kauai;
(23) Wailua River state park, Kauai;
(24) Polihale state park, Kauai;
(25) Russian Fort state historical park, Kauai;
(26) Waimea state recreational pier, Kauai;
(27) Lihue-Koloa forest reserve, Kauai;
(28) Na Pali-Kona forest reserve, Kauai;
(29) Ala Kai wilderness preserve, Kauai;
(30) Mana Plains forest reserve, Kauai;
(31) The proposed Hanahanapuni shooting range, Kauai;
(32) Waianapanapa state park, Maui;
(33) Iao Valley state monument, Maui;
(34) Halekii-Pihana heiau state monument, Maui;
(35) Polipoli Springs state recreation area, Maui;
(36) Puaa Kaa state wayside, Maui;
(37) Makena state park, Maui;
(38) Wahikuli state lands, Maui;
(39) Ahihi-Kinau natural area reserve, Maui;
(40) Palaau state park, Molokai;
(41) Hoolehua wetlands, Molokai;
(42) Diamond Head state monument, Oahu;
(43) Iolani Palace state monument, Oahu;
(44) Ka Iwi scenic shoreline, Oahu;
(45) Malaekahana state recreation area, Oahu;
(46) Nuuanu Pali state wayside, Oahu;
(47) Pupukea-Paumalu state wilderness area, Oahu;
(48) Sand Island state recreation area, Oahu;
(49) Puu Ualakaa state park, Oahu;
(50) Keaiwa Heiau state recreation area, Oahu;
(51) Wahiawa freshwater state recreation area, Oahu;
(52) Kaena Point state park, Oahu;
(53) Kahana Valley state park, Oahu;
(54) Waahila Ridge state recreation area, Oahu;
(55) Kaena Point natural area reserve, Oahu;
(56) Mokuleia forest reserve, Oahu;
(57) Moanalua forest reserve, Oahu;
(58) Honolulu watershed forest reserve, Oahu;
(59) Waimanalo forest reserve, Oahu; and
(60) Lanikai trail, Oahu.
SECTION 11. The authorized capital improvement projects are listed in sections 9 and 10 of this Act.
SECTION 12. There is appropriated out of the recreational renaissance special fund the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the purposes of the recreational renaissance special fund.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on July 1, 2020.
