Report Title:

Environment; Invasive Species; Reforestation; Sediment Run-off

 

Description:

Utilizes certain special funds to support invasive species control and mitigation and to promote reforestation and sediment run-off mitigation. Effective 07/01/2020.  (HB979 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

979

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO THE ENVIRONMENT.

 

 

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

 


     SECTION 1.  The legislature finds that an austere state economy dictates a review of all sources of income to maximize the use of state funds.  This review is necessary to ensure basic programs in health, public safety, education, and the environment are not ignored.

     This Act redirects certain state funds to provide continued maintenance and support for state environmental programs such as invasive species control and mitigation and reforestation and sediment run-off mitigation.

     SECTION 2.  Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created in the department a special fund to be designated as the "special land and development fund".  Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds of sale of public lands, including interest on deferred payments; all moneys collected under section 171-58 for mineral and water rights; all rents from leases, licenses, and permits derived from public lands; all moneys collected from lessees of public lands within industrial parks; all fees, fines, and other administrative charges collected under this chapter and chapter 183C; a portion of the highway fuel tax collected under chapter 243; all moneys collected by the department for the commercial use of public trails and trail accesses under the jurisdiction of the department; transient accommodations tax revenues collected pursuant to section 237D-6.5(b)(2); and private contributions for the management, maintenance, and development of trails and accesses shall be set apart in the fund and shall be used only as authorized by the legislature for the following purposes:

     (1)  To reimburse the general fund of the State for advances made that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands;

     (2)  For the planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76;

     (3)  To repurchase any land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law;

     (4)  For the payment of all appraisal fees; provided that all fees reimbursed to the board shall be deposited in the fund;

     (5)  For the payment of publication notices as required under this chapter; provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules adopted by the board;

     (6)  For the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department;

     (7)  For the payment to private land developers who have contracted with the board for development of public lands under section 171-60;

     (8)  For the payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board;

     (9)  To reimburse the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund;

    (10)  For the protection, planning, management, and regulation of water resources under chapter 174C; [and]

    (11)  For invasive species control and mitigation by the invasive species council under chapter 194;

    (12)  To promote reforestation and sediment run-off mitigation; and

   [(11)] (13) For other purposes of this chapter."

     SECTION 3.  Section 173A‑5, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  The fund shall be used for:

     (1)  The acquisition of interests or rights in land having value as a resource to the State, whether in fee title or through the establishment of permanent conservation easements under chapter 198 or agricultural easements;

     (2)  The payment of any debt service on state financial instruments relating to the acquisition of interests or rights in land having value as a resource to the State;

     (3)  Annual administration costs for the fund, not to exceed five per cent of annual fund revenues of the previous year[[; and]];

     (4)  Costs related to the operation, maintenance, and management of lands acquired by way of this fund that are necessary to protect, maintain, or restore resources at risk on these lands, or that provide for greater public access and enjoyment of these lands; provided that the costs related to the operation, maintenance, and management of lands acquired by way of this fund do not exceed five per cent of annual fund revenues of the previous year[.];

     (5)  Invasive species control and mitigation by the invasive species council under chapter 194; and

     (6)  Reforestation and sediment run-off mitigation."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2020, and shall be repealed on June 30, 2013; provided that sections 171‑19(a) and 173A-5(h) shall be reenacted in the form in which they read on June 30, 2009.