Bill Text: HI SB1153 | 2023 | Regular Session | Amended

Hawaii Senate Bill 1153 (Prior Session Legislation)

Bill Title: Relating To Honolua Bay.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-03-24 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Ilagan excused (1). [SB1153 Detail]

Download: Hawaii-2023-SB1153-Amended.html

THE SENATE	S.B. NO.	1153
THIRTY-SECOND LEGISLATURE, 2023		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HONOLUA BAY.

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

SECTION 1. The legislature finds that the purchase of Lipoa point, which is the home of the iconic Honolua bay, was a milestone in the State's preservation of important natural areas. Not only are Lipoa point and Honolua bay home to numerous native species of marine biota, they also have special cultural significance and are one of the State's last undeveloped surfing locations.

The legislature further finds that despite this monumental acquisition, the department of land and natural resources has squandered this historic investment by failing to allocate sufficient funds for much-needed remediation of erosion and other types of necessary care for the area to mitigate damage caused by illegal dumping, over-tourism, crime, soil erosion, and the proliferation of invasive noxious plants. Furthermore, these harms also threaten the health of the coral reef in the marine life conservation district located in the adjoining area of Honolua bay.

The legislature further finds that numerous visitor recreation entities and visitors frequent Honolua bay and that visitor fees could provide a meaningful source of revenue to heal and protect Honolua bay and preserve it for the future use of all. New visitor management initiatives used in other areas, including the Iao valley state monument park and Waianapanapa state park, could be extended to Honolua bay to manage and fund support for the area. However, fees and associated voluntary donation programs are popular with visitors if, and only if, the funds remain solely dedicated to preserving and protecting the area for which the fees and donations are being collected.

The legislature further finds that public funds were appropriated for the development of a strategic plan that did not include the meaningful participation of many community members and other groups. Therefore, a need exists to extend an opportunity for meaningful participation by funding and creating a long-term strategic plan for the management and restoration of Lipoa point and Honolua bay. The legislature finds that a permanent citizens advisory council made up of these various community members and groups is needed to oversee a special fund and the fees to be collected to ensure that all voices are heard in preserving and protecting Honolua bay.

Accordingly, the purpose of this Act is to:

(1) Establish a Honolua bay advisory board to administer the Honolua bay special fund and oversee the conservation of Honolua bay;

(2) Establish the Honolua bay special fund for conservation purposes and for the upkeep and maintenance of Lipoa point;

(3) Require the department of land and natural resources to include and incorporate Honolua bay into the division of state parks' online reservation system; and

(4) Make an appropriation.

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

"Part . hONOLUA BAY cONSERVATION

§171-A Advisory board. (a) There is established within the department a Honolua bay advisory board. The advisory board shall administer the Honolua bay special fund established by section 171-B and oversee the conservation of Honolua bay.

(b) The advisory board shall be composed of seven voting members, including:

(1) One member appointed by the governor;

(2) One member appointed by the mayor of the county of Maui;

(3) One member appointed by the president of the senate;

(4) One member appointed by the speaker of the house of representatives;

(5) One member appointed by the Maui county council;

(6) One member, appointed by the governor, who is a generational and lineal descendant of a person who resided in the Honolua ahupuaa prior to ; and

(7) One member, appointed by the governor, who is a generational and lineal descendant of a person who resided in the Honokohau ahupuaa prior to .

(d) Each appointed member of the advisory board shall serve a term of four years. No member shall be appointed to more than two consecutive terms. Any vacancy in an unexpired term shall be filled by appointment for the remainder of the unexpired term.

§171-B Honolua bay special fund. (a) There is established in the state treasury the Honolua bay special fund into which shall be deposited the following moneys:

(1) Appropriations by the legislature to the special fund;

(2) Appropriations by the Maui county council to the special fund;

(3) Grants from the federal government; and

(4) Gifts, donations, and grants from public agencies and private persons.

(b) All interest earned on the moneys in the special fund shall be credited to the special fund.

(c) Moneys in the Honolua bay special fund shall be expended for conservation purposes, upkeep and maintenance of Lipoa point, and any other use consistent with the purposes of this Act. Moneys shall also be expended for the creation of an ingress and egress loop to provide for surf access to Honolua bay.

§171-C Reservations. (a) The department shall create, maintain, and operate an online reservation system to limit public access to Honolua bay or include and incorporate Honolua bay into any online reservation system used by the division of state parks.

(b) The Honolua bay advisory board, in consultation with the department, shall establish a permit structure for access to Honolua bay, to be modeled after the permit structure used for Waianapanapa state park. The Honolua bay advisory board, in consultation with the department, shall create a system by which donations may be made for bay conservation."

SECTION 3. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each special fund, except the:

(1) Special out-of-school time instructional program fund under section 302A-1310;

(2) School cafeteria special funds of the department of education;

(3) Special funds of the University of Hawaii;

(4) Special funds established by section 206E-6;

(5) Aloha Tower fund created by section 206J-17;

(6) Funds of the employees' retirement system created by section 88-109;

(7) Hawaii hurricane relief fund established under chapter 431P;

(8) Convention center enterprise special fund established under section 201B-8;

(9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(10) Universal service fund established under section 269‑42;

(11) Emergency and budget reserve fund under section 328L‑3;

(12) Public schools special fees and charges fund under section 302A-1130;

(13) Sport fish special fund under section 187A-9.5;

(14) Neurotrauma special fund under section 321H-4;

(15) Center for nursing special fund under section 304A‑2163;

(16) Passenger facility charge special fund established by section 261-5.5;

(17) Court interpreting services revolving fund under section 607-1.5;

(18) Trauma system special fund under section 321-22.5;

(19) Hawaii cancer research special fund;

(20) Community health centers special fund;

(21) Emergency medical services special fund;

(22) Rental motor vehicle customer facility charge special fund established under section 261-5.6;

(23) Shared services technology special fund under section 27-43;

(24) Nursing facility sustainability program special fund established pursuant to section 346F-4;

(25) Automated victim information and notification system special fund established under section 353-136;

(26) Hospital sustainability program special fund under section 346G-4;

(27) Civil monetary penalty special fund under section 321‑30.2; [~~and~~]

[[](28)[]]Stadium development special fund under section 109‑3.5[,]; and

(29) Honolua bay special fund under section 171-B,

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the Honolua bay special fund.

SECTION 5. There is appropriated out of the Honolua bay special fund the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act.

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

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

Report Title:

Honolua Bay Special Fund; Honolua Bay Advisory Board; DLNR; Appropriation

Description:

Establishes the Honolua bay special fund for conservation purposes and the upkeep and maintenance of Lipoa Point. Establishes the Honolua Bay Advisory Board to administer the Honolua bay special fund and oversee the conservation of Honolua bay. Requires the Department of Land and Natural Resources to include and incorporate Honolua bay into the Division of State Parks' online reservation system. Appropriates funds. Effective 7/1/2050. (SD2)

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