THE SENATE

S.B. NO.

3171

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the green environment.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii is a unique and beautiful lei of islands amidst the Pacific Ocean and the only Pacific island state.  For many, it is the ideal place to live and has been second to none for providing a preferred quality of life.  It is the government's responsibility to identify the goals of the State that are important for present and future generations, to improve and maintain the quality of life for individuals and communities and the quality and sustainability of the islands for residents and visitors alike.  Preserving Hawaii's values is the unifying theme of the Hawaii state plan, established pursuant to chapter 226, Hawaii Revised Statutes, which is intended to preserve and protect the healthy social, economic, and physical environments that benefit the community as a whole.

     The Hawaii state plan states as one of its three goals:  "A desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of the people".  Pursuant to sections 226-11 through 226-13, Hawaii Revised Statutes, the state plan objectives and policies for the physical environment include planning to protect:

     (1)  Land-based, shoreline, and marine resources;

     (2)  Scenic, natural beauty, and historic resources; and

     (3)  Land, air, and water quality.

The Hawaii state plan also sets priority guidelines for planning for population growth and land resources, including identification of critical environmental areas in Hawaii.  Critical environmental areas include scenic and recreational shoreline resources, open space and natural areas, historic and cultural sites, and scenic resources.

     The legislature further finds that the lei of green, a long-standing policy to link green parks, open space, recreation areas, and greenways mauka to makai along the shoreline, interconnected with tree-lined pedestrian paths for shade and climate control, was first brought forth by the renowned national planner Lewis Mumford to benefit the Territory of Hawaii.  The lei of green was further emphasized by the Hawaii chapter of the American Society of Landscape Architects in 1999 and incorporated as a guiding principle in the Kakaako makai master plan by the Hawaii community development authority in 2011.  The legislature finds that a successful example of the lei of green policy is the lei of parks, green recreational open spaces and historic landscapes along Honolulu's shoreline from Diamond Head to Aloha Tower.

     The legislature further finds that there is a need for coordination among different agencies and levels of government in guiding the future of the State to ensure the long-continued and intended protection and preservation of the lei of green, consisting of public parks and green recreational open spaces as an interconnected multi-use system.

     The purpose of this Act is to:

     (1)  Include objectives, policies, and implementation guidelines for the lei of green in the Hawaii State Planning Act; and

     (2)  Appropriate funds to the office of planning to prepare a status report on the lei of green, as required by this Act.

     SECTION 2.  Chapter 226, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§226-A  Objectives and policies for the physical environment--lei of green.  (a)  Planning for the State's physical environment with regard to the lei of green shall be directed toward achieving the objectives of:

     (1)  Protection and preservation of green public parks and recreational open spaces within the lei of green;

     (2)  Expansion of greenways and shoreline promenades interconnecting green public recreational open spaces, public parks, and historic landscapes within the lei of green along the shoreline, mauka to makai;

     (3)  Restoration, protection, expansion, and preservation of the intrinsic elements of the lei of green, including large shade canopy trees to mitigate climate change; and

     (4)  Protection of the lei of green resources for the immediate future and perpetuation of the lei of green to benefit the public as an environmental legacy for present and future generations.

     (b)  For the purposes of this section:

     "Greenways" means a system of corridors of land or water that connect and protect the natural, historic, cultural, and recreational resources within the surrounding landscape and communities.

     "Historic landscape" means any park, recreational, or cultural green open space listed on or eligible for the Hawaii register of historic places.

     "Lei of green" means the area of public parks, historic landscapes, green recreational open spaces, and connecting greenways and shoreline promenades along the island shoreline mauka to makai."

     SECTION 3.  Chapter 226, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§226-B  Lei of green.  (a)  The office shall implement the lei of green policy, in coordination with appropriate state and county departments.  The office shall strive to:

     (1)  Ensure that the lei of green policy is a respected guide for the restoration, protection, and preservation of the anchor elements of the lei of green, including its public parks and historic landscapes, green recreational open spaces, and connecting greenways and shoreline promenades; and

     (2)  Work closely with the county and the public to implement the policy for state and county lands within the lei of green.

     (b)  For the purposes of this section:

     "Greenways" shall have the same meaning as in section 226‑A.

     "Historic landscape" shall have the same meaning as in section 226-A.

     "Lei of green" shall have the same meaning as in section 226‑A."

     SECTION 4.  The office of planning shall submit a report to the legislature and the governor of its findings and recommendations on the status of the lei of green policy, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2021.  The report shall provide benchmarks as necessary to assist incremental compliance with fulfilling and completing the lei of green plan for each island.

     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 2020-2021 for costs associated with researching, compiling, and submitting the status report on the lei of green policy required pursuant to section 4 of this Act.

     The sum appropriated shall be expended by the office of planning for the purposes of this Act.

     SECTION 6.  In codifying the new sections added by section 2 and 3 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 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on June 1, 2020.

 

INTRODUCED BY:

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Report Title:

Hawaii Green Environment; State Plan; Lei of Green; Appropriation

 

Description:

Includes objectives and policies and implementation guidelines for planning for the lei of green in the Hawaii State Planning Act.  Appropriates funds for costs associated with researching, compiling, and submitting the status report on the lei of green policy.  Effective 6/1/2020.

 

 

 

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