Bill Text: HI SB2166 | 2024 | Regular Session | Introduced
Bill Title: Relating To A Visitor Impact Special Fund.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced) 2024-01-18 - Referred to WTL/EET, WAM. [SB2166 Detail]
Download: Hawaii-2024-SB2166-Introduced.html
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THE SENATE |
S.B. NO. |
2166 |
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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 a visitor impact special fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The Hawaii State Constitution makes clear that the State's natural and cultural resources are subject to the public trust and therefore must be managed and protected for the benefit of present and future generations. The Hawaii State Constitution further requires the State and its agencies to protect and enforce Native Hawaiian rights, including traditional and customary practices associated with, and dependent upon, carefully managed and abundant natural resources.
The legislature further finds that Hawaii's natural environment faces significant environmental pressure from the heavy use it receives from persons traveling to enjoy the State's natural resources. The current underinvestment in the State's natural resources poses a significant liability to the visitor industry; the stability of natural systems, including food systems and water quality; and the ecosystems, services, fisheries, economic resilience, and health and safety of the State.
Hawaii residents currently contribute to the protection and management of natural resources through taxes, environmental care, subsistence, cultural practices, and the exercise of the values and practices embodied in the Hawaii State Constitution. However, with escalating visitor impacts and an increasing global threat to the island ecosystems, there is an immediate need for additional resources to protect, restore, sustain, manage, and conserve natural resources.
The legislature also believes that it is imperative to raise additional revenues to offset visitor impacts and ensure that a positive environmental legacy is left for future generations. The legislature also finds that the private sector, including many conservation-focused nonprofits, are willing to make contributions to a visitor impact special fund. A visitor impact special fund provides a reasonable and appropriate way to generate these needed revenues.
The legislature believes that establishing a visitor impact special fund in Hawaii would be a significant and effective way to raise additional revenue to offset visitor impacts and ensure a healthy environment for future generations.
Accordingly, the purpose of this Act is to:
(1) Establish a visitor impact special fund; and
(2) Appropriate funds to establish positions.
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 mitigation
§171-
Visitor impact special fund;
established. (a) There is established within the state
treasury the visitor impact special fund, into which shall be deposited:
(1) Appropriations made to the fund by the legislature; and
(2) Grants and gifts made to the fund.
(b) The fund shall be administered and governed by the department:
(1) With transparency and accountability; and
(2) In a manner that maximizes the effectiveness of the purpose of the fund.
(c) The department shall allocate moneys in the fund to be expended directly by state agencies for projects that help offset adverse environmental impacts caused by visitors and ensure that the State's natural resources are maintained for continued use by visitors. Examples of permissible projects under this subsection include projects that directly restore, enhance, and protect, in perpetuity, natural resources and the State's unique and fragile ecological status, including projects that:
(1) Protect, restore, or enhance terrestrial and marine natural resources impacted by heavy usage of visitors;
(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, damage to reefs, ocean acidification, coral bleaching, damage to land resources, and other impacts exacerbated by visitors; or
(3) Remove and control invasive species and propagate and plant native species in state-owned recreational areas utilized by visitors.
(d) The department may allocate moneys to provide grants to the counties and nonprofit organizations. In awarding grants, the department shall prioritize projects that satisfy at least one of the following:
(1) Develop nature-based solutions to environmental and climate issues exacerbated by visitors;
(2) Provide significant protection restoration and enhancement of Hawaii's natural resources in areas impacted by visitors; or
(3) Increase the resilience of state-owned natural resources impacted by visitors.
(e) The department may allocate moneys to provide cost-matching funds for federal grants that satisfy any of the priorities identified in subsection (d).
§171- Grants; qualifications and conditions. (a) For purposes of grants awarded pursuant to this part, 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 grant moneys are requested; and
(3) Be qualified to engage in the program or activity to be funded by the grant or employ or have under contract persons who are qualified.
(b) Recipients of grants shall be subject to the following conditions:
(1) Any county or nonprofit organization requesting a grant shall submit its request together with all information required by the department on an application form prescribed 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, legislative bodies, and 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) Each 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 an material fact, deliberately misrepresents facts to the department, or violates the terms of the recipient's contract is 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 part for a period of five years from the date of termination."
SECTION 3. 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 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 deposit into the visitor impact special fund.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. 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 the
establishment of the following positions to develop the visitor impact special
fund.
(1) full-time equivalent ( FTE) program specialists;
(2) full-time equivalent ( FTE) office assistants; and
(3) full-time equivalent ( FTE) clerks V.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 6. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
DLNR; Visitor Impact Special Fund; Establishment; Positions; Expenditure Ceiling; Appropriation
Description:
Establishes the Visitor Impact Special Fund to be administered by the Department of Land and Natural Resources. Declares that the general fund expenditure ceiling is exceeded. Appropriates funds for the Visitor Impact Special Fund and establishment of positions to develop the Visitor Impact Special Fund.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
