Hawaii-2024-SB2057-Amended

SECTION 1. The legislature finds that Kahaluu bay, Hawaii island, is located 4.5 miles south of the town of Kailua-Kona, and is situated in a major resort area. While the State has jurisdiction over the bay's shoreline until the high water mark, the county of Hawaii owns and operates the Kahaluu beach park facility, which is heavily utilized by both residents and tourists. As Kahaluu beach park is a highly visited beach park on Hawaii island, recording over four hundred thousand visitors annually, the county of Hawaii uses an innovative public-private partnership with the Kohala Center's Kahaluu Bay Education Center to provide daily stewardship management, intended to promote long-term preservation.

The legislature further finds that in 2022, the county of Hawaii and the United States Army Corps of Engineers, under Section 206 of the Water Resources Development Act of 1996, requested federal assistance for the aquatic ecosystem restoration due to impacts of climate change, overuse, trampling of live coral and other marine life, and sunscreen chemicals degrading the Kahaluu bay marine area, a crucial spawning area for cauliflower and other corals. The legislature further finds that funding can supplement interagency efforts that require sea-level rise studies and reports to preserve vulnerable sections of the State's coastline, including at Kahaluu bay.

Kahaluu bay has historically been regarded as a sacred place to Native Hawaiians, adorned with heiau, fishponds, and barrier rock walls that provided for better fishing conditions for hunter-gatherers in the area. Due to its historic nature and popularity among visitors, there have been recent efforts by the county of Hawaii, in partnership with the Kahaluu Bay Education Center, to preserve the beach park for future generations through the promotion of reef-friendly practices. The legislature finds that, thanks to the tireless advocacy of the education center, Kahaluu bay was designated as a Mission Blue Hope Spot in 2022, demonstrating how smaller bays can integrate networks powered by modern technology with traditional knowledge to care for these places. In 2023, the Kahaluu Bay Education Center further illustrated its reliability as a governmental partner through its Visitor Parking Fee Pilot Project in partnership with the county of Hawaii, which requires all out-of-state visitors to pay a parking fee in four-hour intervals from 7:00 a.m. through 7:00 p.m. daily with revenues directed towards ongoing protection, stewardship, and restoration of the natural and cultural resources at Kahaluu beach park.

The legislature also finds that the Kahaluu Bay Education Center's efforts have greatly benefited Kahaluu beach's marine and coastal ecosystem. However, they do not shield the beach park from the impacts of global warming. Thus, during the 2021 Regular Session, the senate adopted Senate Concurrent Resolution No. 52, S.D. 1 (2021), which requested the department of land and natural resources and the county of Hawaii to collaborate to identify sea level rise at Kahaluu bay to avoid further deterioration and damage caused by rising sea levels. The resulting interagency Kahaluu bay restoration working group, comprised of state and county officials, as well as community leaders, have been planning for the restoration of Kahaluu beach park. The legislature believes that the group's findings warrant a prioritization of Hawaii island's overall coastal planning, as well as the need for a sea level rise study and coastal engineering input to help guide the planning process. The legislature further believes that as a public resource with intergovernmental jurisdictions, the restoration of Kahaluu beach park should be a state and county partnership and can serve as a model for the restoration of other public natural resources throughout the State.

Accordingly, the purpose of this Act is to provide matching grant-in-aid funds to the county of Hawaii to hire an engineering firm to study, plan, assist, and conduct preliminary design and concept work for a two-phase project to restore the Kahaluu beach park in the county of Hawaii.

SECTION 2. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 3. 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 2024-2025 for a grant-in-aid to the county of Hawaii to hire an engineering firm to study, plan, and assist in phase one of the Kahaluu beach park restoration project in the county of Hawaii; provided that no funds shall be made available under this Act unless the county of Hawaii provides matching funds of $ for the purpose for which the sum is appropriated.

The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

The appropriation made by this section for fiscal year 2024-2025 for a grant-in-aid to the county of Hawaii shall not lapse at the end of the fiscal year for which the appropriation is made; provided that all moneys from the appropriation that are unencumbered as of June 30, 2026, shall lapse as of that date; provided further that all moneys unencumbered before June 30, 2026, shall remain available to aid in carrying out the improvements prescribed by the design and concept work of phase one of the Kahaluu beach park restoration project in the county of Hawaii.

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 2024-2025 for a grant-in-aid to the county of Hawaii to hire an engineering firm to conduct preliminary design and concept work, which includes sequencing of events, studies, and plans, to assist in phase two of the Kahaluu beach park restoration project in the county of Hawaii; provided that no funds shall be made available under this Act unless the county of Hawaii provides matching funds of $ for the purpose for which this sum is appropriated.

The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

The appropriation made by this section for fiscal year 2024-2025 for a grant-in-aid to the county of Hawaii shall not lapse at the end of the fiscal year for which the appropriation is made; provided that all moneys from the appropriation that are unencumbered as of June 30, 2026, shall lapse as of that date; provided further that all moneys unencumbered before June 30, 2026, shall remain available to aid in carrying out the improvements prescribed by the design and concept work of phase two of the Kahaluu beach park restoration project in the county of Hawaii.

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2057
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII