Hawaii 2024 Regular Session

Hawaii House Bill HB1371 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1371 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII S.D. 1 A BILL FOR AN ACT RELATING TO THE SAND ISLAND STATE RECREATION AREA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1371
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
5	5	STATE OF HAWAII S.D. 1
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1371
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	15	H.D. 1
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17	17	STATE OF HAWAII
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19	19	S.D. 1
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO THE SAND ISLAND STATE RECREATION AREA.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the Sand Island state recreation area is one of few readily accessible urban beach parks in Honolulu that provides a panoramic view from Diamond Head to the Waianae mountains. The one hundred forty acre park hosts a variety of historic and scenic resources while also offering a unique combination of recreational facilities and opportunities for land-based and ocean recreation, including picnicking, camping, remote control car operations, BMX bicycling, softball, beach activities, swimming, surfing, fishing, and canoe paddling. The park is also adjacent to a boat ramp maintained by the division of boating and ocean recreation of the department of land and natural resources. The division also offers parking and a wash-down area for ocean recreation users, enabling ocean access for a variety of boats, including sailboats and jet skis. The University of Hawaii's maritime training and education center also has its facilities near the park, where the revered Hokule`a ocean voyaging canoe is based. The legislature also finds that the Sand Island state recreation area comprises a developed section and an undeveloped section, roughly splitting the park in half. The developed section includes infrastructure, facilities, and utilities that were built in the 1970s to support park day-use, camping, and ocean recreation access. However, the infrastructure and facilities have deteriorated over the years from age, heavy use and misuse, and hostile environmental conditions caused by saltwater exposure. The deterioration has been exacerbated by a lack of sufficient operating and maintenance funds. Due to this deterioration, the developed portion of the park is currently underutilized in comparison to its capacity. Further, the park is considered unsightly, due to its deteriorated state, and unsafe, as a result of its heavy use by non-recreational patrons. The undeveloped section of the park abuts the Honolulu wastewater treatment plant and contains abandoned military berms, long-thorn kiawe, and illegally dumped rubbish and waste. The historic military infrastructure that remains in this portion of the park reflects the park's use during World War II as an internment camp and prisoner-of-war detention facility. Currently, this portion of the park is consistently occupied by a fluctuating homeless population that inhabits the shoreline area. This population and the prevalence of long-thorn kiawe create management challenges and deter park users from using this portion of the park for recreational purposes. The legislature further finds that residents and visitors are seeking additional outdoor recreational opportunities and deserve and are attracted to safe and well-maintained parks, especially those adjacent to the beach and ocean in Honolulu. Public surveys conducted for the 2020-2021 statewide comprehensive outdoor recreation plan identified the public's desire for additional outdoor and ocean recreation access and opportunities, well-maintained infrastructure and facilities, and the protection of cultural and historic resources. Sand Island state recreation area has the potential to be developed into a "people's park" to meet these needs. The undeveloped portion of the park also provides opportunities for open grass fields that can accommodate a variety of sports and games, walking and biking paths, and additional space for picnics and family gatherings. The legislature additionally finds that Native Hawaiian arts and cultural traditions are unique to Hawai`i and have been a major marketing tool for Hawaii's tourism industry. Unfortunately, Native Hawaiians have been the "unseen" of the Hawai`i art scene. The vast majority of "Hawaiian art" is imported or produced by non-Hawaiians employing Hawaiian themes or motifs, with much of the artwork promoting misconceptions of the Native Hawaiian community. Moreover, there are precious few organizations that represent, support, or promote Native Hawaiian art and artists. Little data existed about the Native Hawaiian arts community prior to 2005, and much of the information regarding the difficulties Native Hawaiian artists faced was anecdotal. This changed in 2005 to 2006 when the PA`I Foundation, with funding from the office of Hawaiian affairs and Ford Foundation, conducted a needs assessment survey among the Hawaiian arts community. The survey was distributed through the mail; online; and at arts events, conferences, and community gatherings. The PA`I foundation further conducted personal interviews with kupuna (elders) and other artists who were not comfortable with or had no access to computers or the Internet. Over two hundred artists and cultural practitioners participated. The results demonstrated a need for the creation of economic opportunities for artists. The results of the survey indicated that: (1) 75.8 per cent of the hālau interviewed do not have nonprofit status or a related nonprofit; (2) 85.7 per cent of responding hālau receive $0 from grants; (3) 18.4 per cent of responding hālau have a dedicated space for teaching; (4) 63.3 per cent of responding hālau use multipurpose centers, such as school cafeterias, for teaching; (5) 42.9 per cent of responding hālau teach on cement flooring; (6) 90.4 per cent of hula practitioners interviewed would like to see a statewide organization dedicated to supporting Native Hawaiian culture and arts; (7) 75.9 per cent of hula practitioners see the need for a Native Hawaiian cultural center; (8) 89.6 per cent of artists would like an art hālau where they could access studio space, materials, equipment or tools, intellectual exchange, and other knowledge; (9) There were insufficient venues for exhibiting and selling; (10) Less than half of artists had shown their works in museums, galleries, or festivals; (11) Ninety per cent of the artists surveyed reported that a Native Hawaiian arts market would help them to promote their art; and (12) Ninety-three per cent of the artists surveyed would be interested in participating in such a market. The data provided the groundwork for much of the PA`I Foundation's programming initiatives to support Native Hawaiian arts and cultural practitioners. In partnership with other Native Hawaiian arts organizations, canoe clubs, hālau hula, individual artists, and cultural practitioners, the legislature is seeking support to set aside a portion of the Sand Island state recreation area to create a Native Hawaiian arts and cultural center to serve the needs of the Native Hawaiian arts community. The proposed facility could include canoe sheds and storage areas to house the canoes, paddles, life vests, and necessary equipment for canoe clubs at the Sand Island state recreation area; a viewing stand for canoe officials to judge and officiate canoe races as well as national and international events like the world sprints; bathroom facilities and showers for participants and community use; a large open stadium facility for concerts and cultural events; classroom spaces; an art studio; outside facilities for carving and other cultural practices; a commercial kitchen for the teaching of traditional food preparation; and a garden space for growing traditional foods and other traditional practices. The legislature is cognizant that due to the park's proximity to the ocean, any future development must factor in managed retreat and development that is resilient to the future impacts of sea level rise. Future development must also acknowledge and transparently honor the historical mistreatment of the host culture and the area's role in World War II, both of which are unfortunate mistakes of the past. The legislature appropriated $5,000,000 during the regular session of 2019 for park improvements, including the removal and clean-up of remnant debris from World War II. As of 2022, $3,000,000 had been expended to improve park infrastructure, including improvements to the park's aging and failing sewage system. The remaining $2,000,000 was to be used to clear and clean unsafe debris and materials from the park's shoreline. The purpose of this Act is to require the department of land and natural resources to prepare a master plan for the Sand Island state recreation area. SECTION 2. The department of land and natural resources shall prepare a master plan for the Sand Island state recreation area that develops the concept of a "people's park". The plan shall: (1) Incorporate community and stakeholder participation and address improvements for developed and undeveloped portions of the state recreation area; (2) Incorporate a Native Hawaiian arts and cultural center for community uses; (3) Assess current and future environmental conditions, such as climate change and sea level rise; (4) Propose improvements to existing facilities and infrastructure; (5) Propose the addition of new facilities and infrastructure; (6) Preserve and interpret significant historic features; and (7) Make other recommendations to expand opportunities for outdoor recreation. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources to prepare a park master plan pursuant to section 2 of this Act. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act. SECTION 4. This Act shall take effect on June 30, 3000.
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49	49	SECTION 1. The legislature finds that the Sand Island state recreation area is one of few readily accessible urban beach parks in Honolulu that provides a panoramic view from Diamond Head to the Waianae mountains. The one hundred forty acre park hosts a variety of historic and scenic resources while also offering a unique combination of recreational facilities and opportunities for land-based and ocean recreation, including picnicking, camping, remote control car operations, BMX bicycling, softball, beach activities, swimming, surfing, fishing, and canoe paddling. The park is also adjacent to a boat ramp maintained by the division of boating and ocean recreation of the department of land and natural resources. The division also offers parking and a wash-down area for ocean recreation users, enabling ocean access for a variety of boats, including sailboats and jet skis. The University of Hawaii's maritime training and education center also has its facilities near the park, where the revered Hokule`a ocean voyaging canoe is based.
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51	51	The legislature also finds that the Sand Island state recreation area comprises a developed section and an undeveloped section, roughly splitting the park in half. The developed section includes infrastructure, facilities, and utilities that were built in the 1970s to support park day-use, camping, and ocean recreation access. However, the infrastructure and facilities have deteriorated over the years from age, heavy use and misuse, and hostile environmental conditions caused by saltwater exposure. The deterioration has been exacerbated by a lack of sufficient operating and maintenance funds. Due to this deterioration, the developed portion of the park is currently underutilized in comparison to its capacity. Further, the park is considered unsightly, due to its deteriorated state, and unsafe, as a result of its heavy use by non-recreational patrons.
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53	53	The undeveloped section of the park abuts the Honolulu wastewater treatment plant and contains abandoned military berms, long-thorn kiawe, and illegally dumped rubbish and waste. The historic military infrastructure that remains in this portion of the park reflects the park's use during World War II as an internment camp and prisoner-of-war detention facility. Currently, this portion of the park is consistently occupied by a fluctuating homeless population that inhabits the shoreline area. This population and the prevalence of long-thorn kiawe create management challenges and deter park users from using this portion of the park for recreational purposes.
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55	55	The legislature further finds that residents and visitors are seeking additional outdoor recreational opportunities and deserve and are attracted to safe and well-maintained parks, especially those adjacent to the beach and ocean in Honolulu. Public surveys conducted for the 2020-2021 statewide comprehensive outdoor recreation plan identified the public's desire for additional outdoor and ocean recreation access and opportunities, well-maintained infrastructure and facilities, and the protection of cultural and historic resources. Sand Island state recreation area has the potential to be developed into a "people's park" to meet these needs. The undeveloped portion of the park also provides opportunities for open grass fields that can accommodate a variety of sports and games, walking and biking paths, and additional space for picnics and family gatherings.
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57	57	The legislature additionally finds that Native Hawaiian arts and cultural traditions are unique to Hawai`i and have been a major marketing tool for Hawaii's tourism industry. Unfortunately, Native Hawaiians have been the "unseen" of the Hawai`i art scene. The vast majority of "Hawaiian art" is imported or produced by non-Hawaiians employing Hawaiian themes or motifs, with much of the artwork promoting misconceptions of the Native Hawaiian community. Moreover, there are precious few organizations that represent, support, or promote Native Hawaiian art and artists. Little data existed about the Native Hawaiian arts community prior to 2005, and much of the information regarding the difficulties Native Hawaiian artists faced was anecdotal.
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59	59	This changed in 2005 to 2006 when the PA`I Foundation, with funding from the office of Hawaiian affairs and Ford Foundation, conducted a needs assessment survey among the Hawaiian arts community. The survey was distributed through the mail; online; and at arts events, conferences, and community gatherings. The PA`I foundation further conducted personal interviews with kupuna (elders) and other artists who were not comfortable with or had no access to computers or the Internet. Over two hundred artists and cultural practitioners participated. The results demonstrated a need for the creation of economic opportunities for artists.
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61	61	The results of the survey indicated that:
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63	63	(1) 75.8 per cent of the hālau interviewed do not have nonprofit status or a related nonprofit;
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65	65	(2) 85.7 per cent of responding hālau receive $0 from grants;
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67	67	(3) 18.4 per cent of responding hālau have a dedicated space for teaching;
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69	69	(4) 63.3 per cent of responding hālau use multipurpose centers, such as school cafeterias, for teaching;
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71	71	(5) 42.9 per cent of responding hālau teach on cement flooring;
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73	73	(6) 90.4 per cent of hula practitioners interviewed would like to see a statewide organization dedicated to supporting Native Hawaiian culture and arts;
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75	75	(7) 75.9 per cent of hula practitioners see the need for a Native Hawaiian cultural center;
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77	77	(8) 89.6 per cent of artists would like an art hālau where they could access studio space, materials, equipment or tools, intellectual exchange, and other knowledge;
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79	79	(9) There were insufficient venues for exhibiting and selling;
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81	81	(10) Less than half of artists had shown their works in museums, galleries, or festivals;
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83	83	(11) Ninety per cent of the artists surveyed reported that a Native Hawaiian arts market would help them to promote their art; and
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85	85	(12) Ninety-three per cent of the artists surveyed would be interested in participating in such a market.
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87	87	The data provided the groundwork for much of the PA`I Foundation's programming initiatives to support Native Hawaiian arts and cultural practitioners. In partnership with other Native Hawaiian arts organizations, canoe clubs, hālau hula, individual artists, and cultural practitioners, the legislature is seeking support to set aside a portion of the Sand Island state recreation area to create a Native Hawaiian arts and cultural center to serve the needs of the Native Hawaiian arts community. The proposed facility could include canoe sheds and storage areas to house the canoes, paddles, life vests, and necessary equipment for canoe clubs at the Sand Island state recreation area; a viewing stand for canoe officials to judge and officiate canoe races as well as national and international events like the world sprints; bathroom facilities and showers for participants and community use; a large open stadium facility for concerts and cultural events; classroom spaces; an art studio; outside facilities for carving and other cultural practices; a commercial kitchen for the teaching of traditional food preparation; and a garden space for growing traditional foods and other traditional practices.
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89	89	The legislature is cognizant that due to the park's proximity to the ocean, any future development must factor in managed retreat and development that is resilient to the future impacts of sea level rise. Future development must also acknowledge and transparently honor the historical mistreatment of the host culture and the area's role in World War II, both of which are unfortunate mistakes of the past.
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91	91	The legislature appropriated $5,000,000 during the regular session of 2019 for park improvements, including the removal and clean-up of remnant debris from World War II. As of 2022, $3,000,000 had been expended to improve park infrastructure, including improvements to the park's aging and failing sewage system. The remaining $2,000,000 was to be used to clear and clean unsafe debris and materials from the park's shoreline.
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93	93	The purpose of this Act is to require the department of land and natural resources to prepare a master plan for the Sand Island state recreation area.
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95	95	SECTION 2. The department of land and natural resources shall prepare a master plan for the Sand Island state recreation area that develops the concept of a "people's park". The plan shall:
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97	97	(1) Incorporate community and stakeholder participation and address improvements for developed and undeveloped portions of the state recreation area;
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99	99	(2) Incorporate a Native Hawaiian arts and cultural center for community uses;
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101	101	(3) Assess current and future environmental conditions, such as climate change and sea level rise;
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103	103	(4) Propose improvements to existing facilities and infrastructure;
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105	105	(5) Propose the addition of new facilities and infrastructure;
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107	107	(6) Preserve and interpret significant historic features; and
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109	109	(7) Make other recommendations to expand opportunities for outdoor recreation.
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111	111	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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources to prepare a park master plan pursuant to section 2 of this Act.
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113	113	The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
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115	115	SECTION 4. This Act shall take effect on June 30, 3000.
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117	117	Report Title: DLNR; Sand Island State Recreation Area; Appropriation Description: Appropriates funds to the department of land and natural resources to prepare a master plan for the Sand Island state recreation area. Effective 6/30/3000. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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123	123	Report Title:
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125	125	DLNR; Sand Island State Recreation Area; Appropriation
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129	129	Description:
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131	131	Appropriates funds to the department of land and natural resources to prepare a master plan for the Sand Island state recreation area. Effective 6/30/3000. (SD1)
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139	139	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.