SB2176

SECTION 1. The legislature finds that the department of land and natural resources' existing wiki permits system issues right-of-entry permits for commercial photography, film, and other uses on unencumbered state shoreline lands, providing a valuable public service. The legislature recognizes that while the department of land and natural resources maintains a centralized public list of available locations, the department does not regularly update the list. Any changes made to the list are not publicly tracked and the department occasionally removes a location from the list without providing the public with advance notice.

The legislature further finds that additions to and removals from the list occur without standardized notice, justification, or tracking, often causing right-of-entry permittees to incur substantial planning, staffing, and contractual costs based on the availability of a listed location. The legislature also finds that the department of land and natural resources' discretionary removal of sites from the list without documented justification may impose economic hardship on permittees and stoke uncertainty in the State's creative, tourism, and local-small business sectors.

Accordingly, the purpose of this Act is to:

(1) Require the department of land and natural resources to establish, maintain, and update a public database of each right-of-entry area eligible for a right‑of‑entry permit and establish notice requirements relating to the database;

(2) Require the department of land and natural resources to establish an administrative hearing and review process to allow permittees whose access to a right‑of-entry area has been revoked by the removal of a right-of-entry area to seek reimbursement;

(3) Require the department of land and natural resources to enter into a memorandum of understanding the with the department of business, economic development, and tourism and Hawaii film office; and

(4) Require the department of land and natural resources to revise the terms and conditions of its wiki permits service to incorporate the notice, refund, credit, and appeal procedures implemented by this Act.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Right-of-entry permits

§171-A Definitions. For the purposes of this part:

"Database" means the public database of each right-of-entry area eligible for permissible use.

"Changelog" means the public changelog documenting each addition of a right-of-entry area to the database or each removal of a right-of-entry area from the database.

"Permit" means a right-of-entry permit issued for the access and use of a right-of-entry area.

"Right-of-entry area" means unencumbered public lands along the shoreline, including beaches and rocky coasts, eligible for a right-of-entry permit.

§171-B Right-of-entry areas; permits; database; emergency removal; notice; changelog. (a) The department shall compile, publish, and maintain a database of each right-of-entry area on the department's website.

(b) The department shall update the database on a monthly basis and include the following information in each listing of a right-of-entry area:

(1) The geospatial boundaries of the right-of-entry area;

(2) Permitted activities within the right-of-entry area; and

(3) Site restrictions, environmental sensitivities, and any other information that the department deems relevant.

(c) The department shall develop and publish on its website the criteria for an addition of a right-of-entry area to the database or a removal of a right-of-entry area from the database.

(d) Before removing a right-of-entry area from the database, the department shall:

(1) Notify the public days before the removal of the right-of-entry area; and

(2) Seek public input regarding the removal of the right‑of-entry area.

(e) If the department determines that there is an imminent threat to the public safety, traditional and customary practices, cultural resources, or environmental protection of a right-of-entry area which requires emergency action, the department may remove the right-of-entry area from the database without prior notice or public input; provided that

the department shall provide a written explanation justifying the emergency removal within seventy-two hours of the removal of the right-of-entry area from the database.

(f) The department shall maintain a changelog documenting each addition of a right-of-entry area to the database or removal of a right-of-entry area from the database. The changelog shall include:

(1) The date of the addition or removal of a right‑of‑entry area;

(2) The name of the official who approved the addition or removal of the right-of-entry area; and

(3) A written justification for the addition or removal of a right-of-entry area pursuant to the criteria established by the department under subsection (c).

§171-C Removal of a right-of-entry area before permitted date of use; notification; reimbursement; administrative hearing and review process. (a) If the department removes a right-of-entry area from the database after issuing a permit, but before the permitted date of use, the department shall notify any permittees whose access to the right-of-entry area has been revoked by electronic mail or telephone within forty-eight hours of the removal of the right-of-entry area.

(b) A permittee whose access to a right-of-entry area has been revoked by the department due to the removal of a right‑of‑entry area from the database as described in subsection (a) or section 171-B(e) may be entitled to:

(1) Reimbursement of all permitting fees paid to the department; and

(2) Upon request, credit equal to the dollar amount of the revoked permit toward a future permit at an available right-of-entry area within one calendar year from the date that the request is fulfilled.

(c) The department shall establish an administrative hearing and review process to allow a permittee whose access to a right-of-entry area has been revoked to seek reimbursement for permitting fees paid to the department which shall be published on the department's website.

§171-D Memorandum of understanding; interagency coordination. The department shall enter into a memorandum of understanding with the department of business, economic development, and tourism and the Hawaii film office that shall provide for:

(1) Electronic data exchange regarding right-of-entry areas, scheduling conflicts, and site availability;

(2) Advance consultation prior to non-emergency removals; and

(3) Coordinated notice procedures for permit applicants and existing permittees.

§171-E Rules. The department shall adopt rules pursuant to chapter 91 for the purposes of this part, including but not limited to:

(1) Publishing, maintaining, and updating the database, criteria, and changelog established under this part; and

(2) Data sharing and coordination requirements with the department of business, economic development, and tourism and Hawaii film office.

§171-F Annual report. The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session detailing:

(1) The total number of permits issued for right-of-entry areas;

(2) The total number of additions of right-of-entry areas to the public database and removals of right-of-entry areas from the public database, including the justifications provided;

(3) The total number of refunds, credits, and appeals processed;

(4) Interagency coordination outcomes; and

(5) Any recommendations, including any proposed legislation."

SECTION 3. (a) The department of land and natural resources shall revise the terms and conditions of its wiki permits service to incorporate the notice, refund, credit, and appeal procedures established by this Act.

(b) The department of land and natural resources shall ensure that all forms, digital interfaces, and permit workflows are consistent with the provisions of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2026-2027 for:

(1) The implementation, maintenance, and regular update of the right-of-entry area public database;

(2) Improvements to the wiki permits system and website infrastructure; and

(3) Outreach and training for prospective permittees.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2176
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII