SB2357

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;

(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.

§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.

§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:	_____________________________

THE SENATE	S.B. NO.	2357
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII