SB3146

SECTION 1. Chapter 183, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

"§183- Fee schedules. (a) Notwithstanding any law to the contrary, the board may adopt, amend, or repeal administrative fee schedules, exempt from chapter 91, for all fees, including but not limited to camping, cabin rental, parking, group use, commercial activity, and special use activities for which the department charges fees for use of forest reserves. Fee schedules may be adopted at regular or special meetings of the board pursuant to section 171-5.

(b) The department shall post notice on the department's website of any proposed amendments to administrative fee schedules at least forty-five days prior to the meeting of the board at which the amended fee schedule is to be considered. The notice shall include:

(1) The full text of the proposed amended fee schedule in Ramseyer format; and

(2) The date, time, and place where the board meeting is to be held and where interested persons may provide written testimony or be heard on the proposed fee schedule adoption, amendment, or repeal.

(c) The board shall afford all interested persons an opportunity to submit data, views, or arguments, orally or in writing. The board shall fully consider all written and oral submissions respecting the proposed administrative fee schedule and shall make its decision at the meeting pursuant to section 171-5.

(d) Any administrative fee schedule adopted, amended, or repealed pursuant to this section shall become effective ten days after adoption by the board, unless otherwise specified by the board. If the board specifies a later effective date, the later date shall be the effective date; provided that no administrative fee schedule shall have an effective date more than thirty days after adoption of the administrative fee schedule by the board.

(e) The department shall maintain a file of adopted administrative fee schedules on the department's website.

(f) For the purposes of this section "administrative fee schedules" includes a fee range with a minimum and maximum amount to be charged."

SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

"§183D- Fee schedules. (a) Notwithstanding any law to the contrary, the board may adopt, amend, or repeal administrative fee schedules, exempt from chapter 91, for all fees, including but not limited to parking, group use, commercial activity, and special use activities for which the department charges fees for use of wildlife sanctuaries and game management areas and for hunting of game birds and game mammals. Fee schedules may be adopted at regular or special meetings of the board pursuant to section 171-5.

(1) The full text of the proposed amended fee schedule in Ramseyer format; and

(2) The date, time, and place where the board meeting is to be held and where interested persons may provide written testimony or be heard on the proposed fee schedule adoption, amendment, or repeal.

(e) The department shall maintain a file of adopted administrative fee schedules on the department's website.

(f) For the purposes of this section "administrative fee schedules" includes a fee range with a minimum and maximum amount to be charged."

SECTION 3. Chapter 195, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§195- Fee schedules. (a) Notwithstanding any law to the contrary, the board of land and natural resources may adopt, amend, or repeal administrative fee schedules, exempt from chapter 91, for all fees, including but not limited to parking, group use, commercial activity, and special use activities for which the department charges fees for use of natural area reserves. Fee schedules may be adopted at regular or special meetings of the board of land and natural resources pursuant to section 171-5.

(b) The department shall post notice on the department's website of any proposed amendments to administrative fee schedules at least forty-five days prior to the meeting of the board of land and natural resources at which the amended fee schedule is to be considered. The notice shall include:

(1) The full text of the proposed amended fee schedule in Ramseyer format; and

(2) The date, time, and place where the board of land and natural resources meeting is to be held and where interested persons may provide written testimony or be heard on the proposed fee schedule adoption, amendment, or repeal.

(c) The board of land and natural resources shall afford all interested persons an opportunity to submit data, views, or arguments, orally or in writing. The board of land and natural resources shall fully consider all written and oral submissions respecting the proposed administrative fee schedule and shall make its decision at the meeting pursuant to section 171-5.

(d) Any administrative fee schedule adopted, amended, or repealed pursuant to this section shall become effective ten days after adoption by the board of land and natural resources, unless otherwise specified by the board. If the board of land and natural resources specifies a later effective date, the later date shall be the effective date; provided that no administrative fee schedule shall have an effective date more than thirty days after adoption of the administrative fee schedule by the board.

(e) The department shall maintain a file of adopted administrative fee schedules on the department's website.

(f) For the purposes of this section "administrative fee schedules" includes a fee range with a minimum and maximum amount to be charged."

SECTION 4. Chapter 198D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows

"§198D- Fee schedules. (a) Notwithstanding any law to the contrary, the board of land and natural resources may adopt, amend, or repeal administrative fee schedules, exempt from chapter 91, for all fees, including but not limited to camping, lodging, parking, group use, commercial activity, and special use activities for which the department charges fees for use of Na Ala Hele trails and access, including access as established by agreement with the department for purposes of public access. Fee schedules may be adopted at regular or special meetings of the board of land and natural resources pursuant to section 171-5.

(b) The department shall post notice on the department's website of any proposed amendments to administrative fee schedules at least forty-five days prior to the meeting of the board of land and natural resources at which the amended fee schedule is to be considered. The notice shall include:

(1) The full text of the proposed amended fee schedule in Ramseyer format; and

(e) The department shall maintain a file of adopted administrative fee schedules on the department's website.

(f) For the purposes of this section "administrative fee schedules" includes a fee range with a minimum and maximum amount to be charged."

SECTION 5. Section 102-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The bidding requirements of subsection (a) shall not apply to concessions or space on public property set aside for the following purposes:

(1) For operation of ground transportation services and parking lot operations at airports, state parks, small boat harbors, forest reserves, wildlife sanctuaries, game management areas, natural area reserves, or Na Ala Hele trails and access, including access as established by agreement with the department of natural resources, except for motor vehicle rental operations under chapter 437D;

(2) For lei vendors;

(3) For airline and aircraft operations;

(4) For automated teller machines and vending machines, except vending machines located at public schools operated by blind or visually handicapped persons in accordance with section 302A-412;

(5) For operation of concessions set aside without any charge;

(6) For operation of concessions by handicapped or blind persons, except concessions operated in the public schools by blind or visually handicapped persons in accordance with section 302A-412;

(7) For operation of concessions on permits revocable on notice of thirty days or less; provided that no such permits shall be issued for more than a one-year period;

(8) For operation of concessions or concession spaces for a beach service association dedicated to the preservation of the Hawaii beach boy tradition, incorporated as a nonprofit corporation in accordance with state law, and whose members are appropriately licensed or certified as required by law;

(9) For operation of concessions or concession spaces providing for beach or ocean-related recreational services; provided that the concessions are awarded to the responsible offeror whose proposal is determined to be most advantageous, taking into consideration prices and evaluation factors set forth in the request for proposals;

(10) For operation of concessions at county zoos, botanic gardens, or county parks that are designated by the respective county director of parks and recreation, in the director's sole discretion, as environmentally, culturally, historically, or operationally unique and are supported by nonprofit corporations incorporated in accordance with state law solely for purposes of supporting county aims and goals of the zoo, botanic garden, or designated county park, and operating under agreement with the appropriate agency solely for those purposes, aims, and goals;

(11) For operation of concessions at state parks, forest reserves, wildlife sanctuaries, game management areas, natural area reserves, or Na Ala Hele trails and access, including access as established by agreement with the department of natural resources, that are designated by the board of land and natural resources as environmentally, culturally, historically, or operationally unique and are supported by nonprofit corporations incorporated in accordance with state law solely for purposes of supporting state aims and goals of the designated state park, forest reserve, wildlife sanctuary, game management area, natural area reserve, or Na Ala Hele trail and access, including access as established by agreement with the department of natural resources, and operating under agreement with the appropriate agency solely for those purposes, aims, and goals;

(12) For operation of concessions at county zoos, botanic gardens, or county parks that are designated by the respective county director of parks and recreation, in the director's sole discretion, as environmentally, culturally, historically, or operationally unique; provided that the concessions are awarded to the responsible offeror whose proposal is determined to be the most advantageous, taking into consideration prices and evaluation factors set forth in the request for proposals;

(13) For operation of concessions that furnish goods or services for which there is only one source, as determined by the head of the awarding government agency in writing; provided that the written determination shall be included in the contract file;

(14) For any of the operations of the Hawaii health systems corporation and its regional system boards;

(15) For airport operation of concessions; and

(16) For the operations of the natural energy laboratory of Hawaii authority."

SECTION 6. Section 198D-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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~~] by the board of land and natural resources and charged by the department for the [~~commercial and other~~] use of trails and trail accesses under the jurisdiction of the department."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	3146
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII