Hawaii 2024 Regular Session

Hawaii Senate Bill SB2357 Compare Versions

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11 THE SENATE S.B. NO. 2357 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to green environmental fees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4646
4747 SECTION 1. The legislature finds that Hawaii's natural resources, including its reefs, oceans, forests, streams, estuaries, shorelines, and beaches, provide irreplaceable and invaluable benefits to visitors, residents, and the global community. 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. The current underinvestment in the State's natural resources poses a significant liability to the stability of natural systems, including food systems and water quality, ecosystem services, fisheries, economic resilience, and the health and safety of residents of the State. The legislature also finds that Hawaii's residents currently contribute to the protection and management of the State's natural resources through taxes, environmental care, subsistence, cultural practices, and the exercise of the values and practices embodied in the Hawaii State Constitution. However, there is an immediate need for additional resources to protect, restore, sustain, manage, and conserve the State's finite natural resources. The legislature finds that it is timely to ask those who enjoy and reap the benefits of Hawaii's natural resources to further contribute to their protection, care, and restoration. The legislature further finds that "green fees" or "environmental protection fees" have been successfully implemented in many visitor destinations throughout the world, including the Galapagos Islands, New Zealand, and Palau. In these locations, the fees have demonstrated compounding benefits for visitors, residents, and natural landscapes and seascapes. The legislature believes that establishing a green environmental fee in Hawaii would be a significant and effective way to raise additional revenue to offset user impacts and ensure a healthy environment for future generations. Accordingly, the purpose of this Act is to: (1) Establish a green environmental fee program that requires certain users to purchase an annual license for the use of a state beach, park, forest, trail, or other natural area on state land, to be administered by the department of land and natural resources; (2) Establish a green environmental fee special fund, into which shall be deposited fees, penalties, appropriations, and gifts and donations for the program; (3) Allow moneys deposited into the green environmental fee special fund to be used for the marketing and publication of the program and for transfers to the beach restoration special fund, state parks special fund, and Hawaii statewide trail and access program, known as Na Ala Hele; and (4) Make an appropriation to establish positions within the department of land and natural resources for the purposes of the program. SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . GREEN ENVIRONMENTAL FEE PROGRAM §171-A Definitions. As used in this part: "License" means the license issued pursuant to this part. "Licensee" means a person who is issued a license pursuant to this part. "Program" means the green environmental fee program established pursuant to this part. "User" means a person who uses a state beach, park, forest, trail, or other natural area on state land. §171-B Green environmental fee program; license; signs. (a) There is established within the department the green environmental fee program. The purpose of the program shall be to collect a fee from users through a license and allocate that revenue to protect, restore, and manage natural and cultural resources impacted by users. (b) Beginning on a date established by the department by rule pursuant to chapter 91, each user who is fifteen years of age or older who utilizes a state beach, park, forest, hiking trail, or other natural area on state land, as designated by the department, shall first pay a green environmental fee to obtain a license pursuant to this part; provided that the following users shall be exempted from the licensing requirement and green environmental fee: (1) Users who can show: (A) A valid Hawaii driver's license; (B) A valid Hawaii state identification card; (C) A valid school identification card issued by a school in the State; or (D) Any other official document issued to the individual within the last thirty days by a government agency, financial institution, insurance company, or utility company in the State; and (2) Users on an island that has experienced a natural disaster resulting in a decrease in incoming visitor traffic of at least thirty per cent for three months after the disaster, as compared to the same prior year period, for two fiscal years. (c) The department shall place signs at state beaches, parks, forests, trail heads, or other natural areas on state land to inform users of the requirement to pay a green environmental fee and obtain a license pursuant to this part. §171-C License; purchase. (a) The department shall establish convenient opportunities for users to pay a green environmental fee and be issued a license, including through: (1) A mobile application; and (2) An internet website. The department may authorize retail establishments and nonprofit organizations to accept payment of a green environmental fee and issue a license. (b) The amount of the fee shall be $50 per user; provided that the chairperson may increase the fee by rule pursuant to chapter 91 no more frequently than once every five years. (c) Each license shall be effective for one year from the date of issuance. §171-D Penalties. (a) A non-exempt user who utilizes a state park, beach, forest, hiking trail, or other natural area on state land without first paying a green environmental fee and obtaining a license in violation of section 171-B, shall be liable for a civil fine not to exceed $200 for each offense; provided that fines shall not be imposed until at least five years after the effective date of this Act, to allow time for the effective implementation, public education, and enforcement of the program. (b) Any civil fine provided by subsection (a) may be imposed by the circuit court or by the department after an opportunity for a hearing pursuant to chapter 91. Imposition of a civil fine shall not be a prerequisite to any other penalty or injunctive relief ordered by the circuit court. §171-E Green environmental fee special fund; use of revenues. (a) There is established within the state treasury the green environmental fee special fund, into which shall be deposited: (1) All proceeds from green environmental fees and licenses purchased pursuant to the program established under section 171-B; (2) All proceeds from fines collected pursuant to section 171-D; (3) Appropriations made by the legislature; and (4) Grants and gifts made to the special fund. (b) Moneys deposited into the special fund shall be used and allocated as follows: (1) One per cent for the marketing and publication of the program in print, images, and video throughout the State, including at airports and for distribution on passenger planes; (2) Thirty-three per cent to be transferred to the beach restoration special fund pursuant to section 171-156; (3) Thirty-three per cent to be transferred to the state parks special fund pursuant to section 184-3.4; and (4) Thirty-three per cent to fund the Hawaii statewide trail and access program, known as Na Ala Hele, pursuant to section 198D-2. §171-F Report to legislature. (a) The department shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each year thereafter. (b) The report shall contain information on ways that the green environmental fee program restored, enhanced, and protected Hawaii's state-owned natural resources and its unique and vulnerable ecosystem during the previous fiscal year, as well as the benefits that have accrued or will accrue from those expenditures for the benefit of the State's natural resources, including any proposed legislation. (c) The department shall publish the annual reports on its website. §171-G Rules. The department may adopt rules pursuant to chapter 91 as necessary to carry out the purposes of this part, including any rules necessary to increase license fees and to ensure that persons who purchase a license are aware that the license is distinct from entrance fees to visit a state park, forest, hiking trail, or other natural area on state land." SECTION 3. Section 171-156, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fund: (1) Proceeds from the lease or development of public coastal lands designated pursuant to a beach restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959; (2) Proceeds from the lease of public lands pursuant to this part for an existing seawall or revetment; (3) Fines collected for unauthorized shoreline structures on state submerged land or conservation district land; (4) Appropriations made by the legislature for deposit into this fund; (5) Donations and contributions made by private individuals or organizations for deposit into this fund; (6) Fees collected for the processing of applications for coastal and beach erosion control projects; [and] (7) Grants provided by governmental agencies or any other source[.]; and (8) Funds transferred from the green environmental fee special fund." SECTION 4. Section 184-3.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited all proceeds collected by the state parks programs involving park user fees, funds transferred from the green environmental fee special fund, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs." SECTION 5. Section 198D-2, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources: (1) A portion of the highway fuel taxes collected under chapter 243; (2) Federal government grants; (3) Private contributions; [and] (4) Fees, established pursuant to administrative rules and charged by the department for the commercial and other use of trails and trail accesses under the jurisdiction of the department[.]; and (5) Funds transferred from the green environmental fee special fund." 2. By amending subsection (d) to read: "(d) The moneys specified in subsection (b)(1), (3), [and] (4), and (5) shall be deposited in the special land and development fund under section 171-19 for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department." SECTION 6. 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 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2024-2025 to establish: (1) One full-time equivalent (1.0 FTE) program specialist position; and (2) One full-time equivalent (1.0 FTE) accountant position; within the department of land and natural resources to administer the green environmental fee program. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act. SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 11. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. The legislature finds that Hawaii's natural resources, including its reefs, oceans, forests, streams, estuaries, shorelines, and beaches, provide irreplaceable and invaluable benefits to visitors, residents, and the global community.
5050
5151 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.
5252
5353 The legislature further finds that Hawaii's natural environment faces significant environmental pressure from the heavy use it receives. The current underinvestment in the State's natural resources poses a significant liability to the stability of natural systems, including food systems and water quality, ecosystem services, fisheries, economic resilience, and the health and safety of residents of the State.
5454
5555 The legislature also finds that Hawaii's residents currently contribute to the protection and management of the State's natural resources through taxes, environmental care, subsistence, cultural practices, and the exercise of the values and practices embodied in the Hawaii State Constitution. However, there is an immediate need for additional resources to protect, restore, sustain, manage, and conserve the State's finite natural resources. The legislature finds that it is timely to ask those who enjoy and reap the benefits of Hawaii's natural resources to further contribute to their protection, care, and restoration.
5656
5757 The legislature further finds that "green fees" or "environmental protection fees" have been successfully implemented in many visitor destinations throughout the world, including the Galapagos Islands, New Zealand, and Palau. In these locations, the fees have demonstrated compounding benefits for visitors, residents, and natural landscapes and seascapes. The legislature believes that establishing a green environmental fee in Hawaii would be a significant and effective way to raise additional revenue to offset user impacts and ensure a healthy environment for future generations.
5858
5959 Accordingly, the purpose of this Act is to:
6060
6161 (1) Establish a green environmental fee program that requires certain users to purchase an annual license for the use of a state beach, park, forest, trail, or other natural area on state land, to be administered by the department of land and natural resources;
6262
6363 (2) Establish a green environmental fee special fund, into which shall be deposited fees, penalties, appropriations, and gifts and donations for the program;
6464
6565 (3) Allow moneys deposited into the green environmental fee special fund to be used for the marketing and publication of the program and for transfers to the beach restoration special fund, state parks special fund, and Hawaii statewide trail and access program, known as Na Ala Hele; and
6666
6767 (4) Make an appropriation to establish positions within the department of land and natural resources for the purposes of the program.
6868
6969 SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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7171 "Part . GREEN ENVIRONMENTAL FEE PROGRAM
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7373 §171-A Definitions. As used in this part:
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7575 "License" means the license issued pursuant to this part.
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7777 "Licensee" means a person who is issued a license pursuant to this part.
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7979 "Program" means the green environmental fee program established pursuant to this part.
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8181 "User" means a person who uses a state beach, park, forest, trail, or other natural area on state land.
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8383 §171-B Green environmental fee program; license; signs. (a) There is established within the department the green environmental fee program. The purpose of the program shall be to collect a fee from users through a license and allocate that revenue to protect, restore, and manage natural and cultural resources impacted by users.
8484
8585 (b) Beginning on a date established by the department by rule pursuant to chapter 91, each user who is fifteen years of age or older who utilizes a state beach, park, forest, hiking trail, or other natural area on state land, as designated by the department, shall first pay a green environmental fee to obtain a license pursuant to this part; provided that the following users shall be exempted from the licensing requirement and green environmental fee:
8686
8787 (1) Users who can show:
8888
8989 (A) A valid Hawaii driver's license;
9090
9191 (B) A valid Hawaii state identification card;
9292
9393 (C) A valid school identification card issued by a school in the State; or
9494
9595 (D) Any other official document issued to the individual within the last thirty days by a government agency, financial institution, insurance company, or utility company in the State; and
9696
9797 (2) Users on an island that has experienced a natural disaster resulting in a decrease in incoming visitor traffic of at least thirty per cent for three months after the disaster, as compared to the same prior year period, for two fiscal years.
9898
9999 (c) The department shall place signs at state beaches, parks, forests, trail heads, or other natural areas on state land to inform users of the requirement to pay a green environmental fee and obtain a license pursuant to this part.
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101101 §171-C License; purchase. (a) The department shall establish convenient opportunities for users to pay a green environmental fee and be issued a license, including through:
102102
103103 (1) A mobile application; and
104104
105105 (2) An internet website.
106106
107107 The department may authorize retail establishments and nonprofit organizations to accept payment of a green environmental fee and issue a license.
108108
109109 (b) The amount of the fee shall be $50 per user; provided that the chairperson may increase the fee by rule pursuant to chapter 91 no more frequently than once every five years.
110110
111111 (c) Each license shall be effective for one year from the date of issuance.
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113113 §171-D Penalties. (a) A non-exempt user who utilizes a state park, beach, forest, hiking trail, or other natural area on state land without first paying a green environmental fee and obtaining a license in violation of section 171-B, shall be liable for a civil fine not to exceed $200 for each offense; provided that fines shall not be imposed until at least five years after the effective date of this Act, to allow time for the effective implementation, public education, and enforcement of the program.
114114
115115 (b) Any civil fine provided by subsection (a) may be imposed by the circuit court or by the department after an opportunity for a hearing pursuant to chapter 91. Imposition of a civil fine shall not be a prerequisite to any other penalty or injunctive relief ordered by the circuit court.
116116
117117 §171-E Green environmental fee special fund; use of revenues. (a) There is established within the state treasury the green environmental fee special fund, into which shall be deposited:
118118
119119 (1) All proceeds from green environmental fees and licenses purchased pursuant to the program established under section 171-B;
120120
121121 (2) All proceeds from fines collected pursuant to section 171-D;
122122
123123 (3) Appropriations made by the legislature; and
124124
125125 (4) Grants and gifts made to the special fund.
126126
127127 (b) Moneys deposited into the special fund shall be used and allocated as follows:
128128
129129 (1) One per cent for the marketing and publication of the program in print, images, and video throughout the State, including at airports and for distribution on passenger planes;
130130
131131 (2) Thirty-three per cent to be transferred to the beach restoration special fund pursuant to section 171-156;
132132
133133 (3) Thirty-three per cent to be transferred to the state parks special fund pursuant to section 184-3.4; and
134134
135135 (4) Thirty-three per cent to fund the Hawaii statewide trail and access program, known as Na Ala Hele, pursuant to section 198D-2.
136136
137137 §171-F Report to legislature. (a) The department shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each year thereafter.
138138
139139 (b) The report shall contain information on ways that the green environmental fee program restored, enhanced, and protected Hawaii's state-owned natural resources and its unique and vulnerable ecosystem during the previous fiscal year, as well as the benefits that have accrued or will accrue from those expenditures for the benefit of the State's natural resources, including any proposed legislation.
140140
141141 (c) The department shall publish the annual reports on its website.
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143143 §171-G Rules. The department may adopt rules pursuant to chapter 91 as necessary to carry out the purposes of this part, including any rules necessary to increase license fees and to ensure that persons who purchase a license are aware that the license is distinct from entrance fees to visit a state park, forest, hiking trail, or other natural area on state land."
144144
145145 SECTION 3. Section 171-156, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
146146
147147 "(a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fund:
148148
149149 (1) Proceeds from the lease or development of public coastal lands designated pursuant to a beach restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959;
150150
151151 (2) Proceeds from the lease of public lands pursuant to this part for an existing seawall or revetment;
152152
153153 (3) Fines collected for unauthorized shoreline structures on state submerged land or conservation district land;
154154
155155 (4) Appropriations made by the legislature for deposit into this fund;
156156
157157 (5) Donations and contributions made by private individuals or organizations for deposit into this fund;
158158
159159 (6) Fees collected for the processing of applications for coastal and beach erosion control projects; [and]
160160
161161 (7) Grants provided by governmental agencies or any other source[.]; and
162162
163163 (8) Funds transferred from the green environmental fee special fund."
164164
165165 SECTION 4. Section 184-3.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
166166
167167 "(a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited all proceeds collected by the state parks programs involving park user fees, funds transferred from the green environmental fee special fund, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs."
168168
169169 SECTION 5. Section 198D-2, Hawaii Revised Statutes, is amended as follows:
170170
171171 1. By amending subsection (b) to read:
172172
173173 "(b) The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources:
174174
175175 (1) A portion of the highway fuel taxes collected under chapter 243;
176176
177177 (2) Federal government grants;
178178
179179 (3) Private contributions; [and]
180180
181181 (4) Fees, established pursuant to administrative rules and charged by the department for the commercial and other use of trails and trail accesses under the jurisdiction of the department[.]; and
182182
183183 (5) Funds transferred from the green environmental fee special fund."
184184
185185 2. By amending subsection (d) to read:
186186
187187 "(d) The moneys specified in subsection (b)(1), (3), [and] (4), and (5) shall be deposited in the special land and development fund under section 171-19 for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department."
188188
189189 SECTION 6. 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:
190190
191191 (1) The appropriation made in this Act is necessary to serve the public interest; and
192192
193193 (2) The appropriation made in this Act meets the needs addressed by this Act.
194194
195195 SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2024-2025 to establish:
196196
197197 (1) One full-time equivalent (1.0 FTE) program specialist position; and
198198
199199 (2) One full-time equivalent (1.0 FTE) accountant position;
200200
201201 within the department of land and natural resources to administer the green environmental fee program.
202202
203203 The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
204204
205205 SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
206206
207207 SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
208208
209209 SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
210210
211211 SECTION 11. This Act shall take effect on July 1, 2024.
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215215 INTRODUCED BY: _____________________________
216216
217217 INTRODUCED BY:
218218
219219 _____________________________
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225225 Report Title: DLNR; Green Environmental Fee Program; License; Penalties; Green Environmental Fee Special Fund; Report to Legislature; Expenditure Ceiling; Appropriation Description: Establishes a Green Environmental Fee Program that requires certain users to purchase an annual license for the use of a state beach, park, forest, trail, or other natural area on state land, to be administered by the Department of Land and Natural Resources. Establishes a Green Environmental Fee Special Fund, into which shall be deposited fees, penalties, appropriations, and gifts and donations for the program; allows moneys deposited into the fund to be used for the marketing and publication of the program and for transfers to the Beach Restoration Special Fund, State Parks Special Fund, and Hawaii Statewide Trail and Access Program, known as Na Ala Hele. Requires annual reports to the Legislature. Makes an appropriation to establish positions within the Department of Land and Natural Resources in support of the program. 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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233233 Report Title:
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235235 DLNR; Green Environmental Fee Program; License; Penalties; Green Environmental Fee Special Fund; Report to Legislature; Expenditure Ceiling; Appropriation
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237237
238238
239239 Description:
240240
241241 Establishes a Green Environmental Fee Program that requires certain users to purchase an annual license for the use of a state beach, park, forest, trail, or other natural area on state land, to be administered by the Department of Land and Natural Resources. Establishes a Green Environmental Fee Special Fund, into which shall be deposited fees, penalties, appropriations, and gifts and donations for the program; allows moneys deposited into the fund to be used for the marketing and publication of the program and for transfers to the Beach Restoration Special Fund, State Parks Special Fund, and Hawaii Statewide Trail and Access Program, known as Na Ala Hele. Requires annual reports to the Legislature. Makes an appropriation to establish positions within the Department of Land and Natural Resources in support of the program.
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247247
248248
249249 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.