Bill Text: HI HB1874 | 2024 | Regular Session | Introduced
Bill Title: Relating To Commercial Use Permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-24 - Referred to WAL, JHA/CPC, referral sheet 1 [HB1874 Detail]
Download: Hawaii-2024-HB1874-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1874 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMMERCIAL USE PERMITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the numbers of applications for and issuances of commercial use permits and renewals have increased. The legislature further finds that the department of land and natural resources often issues and renews commercial use ocean permits to individuals or businesses that meet minimum requirements, regardless of nearshore water capacity or potential harm to the environment.
The purpose of this Act is to encourage the department of land and natural resources to exercise its discretion in issuing commercial ocean use permits and permit renewals in order to lessen the impacts of commercial use ocean vessels and activities.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§200-
Commercial
use permit renewals. (a)
Notwithstanding any other provision of this part, the department shall
not renew a commercial use permit if the department finds that a permit renewal
would not further the policy established in section 200-21 because:
(1) Nearshore water overcrowding at or near the
permitted activity's location has caused harm or poses a threat to the
environment; or
(2) The applicant's permitted activity has
harassed wildlife, disrupted the natural ecology, or has otherwise caused harm
or poses a threat to the environment.
(b) The board may adopt rules pursuant to chapter 91 necessary for the purposes of this section."
SECTION 3. Section 200-21, Hawaii Revised Statutes, is amended to read as follows:
"[[]§200-21[]] Declaration of policy. The legislature hereby finds, determines, and
declares that this part is necessary to promote and attain:
(1) The full use and enjoyment of the waters of the State;
(2) The safety of persons and the protection of property as related to the use of the waters of the State;
(3) A reasonable uniformity of laws and rules
regarding the use of the waters of the State; [and]
(4) Conformity with, and implementation of,
federal laws and requirements[.]; and
(5) Every person's right to a clean and
healthful environment."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Maui County Council Package; DLNR; Ocean Vessels; Commercial Use Permits; Environment
Description:
Amends state boating law policy to include a provision to promote and attain every person's right to a clean and healthful environment. Prohibits the Department of Land and Natural Resources from renewing a commercial use permit if renewal would cause nearshore water overcrowding or harm, or potential threats to, the environment.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
