Report Title:

Natural Areas Reserves System; Funding

 

Description:

Establishes a permanent funding mechanism for the Natural Areas Reserves System by dedicating to the Natural Areas Reserve Fund 3% of all state fund appropriations for capital improvements designated for the construction cost element.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1163

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE NATURAL AREAS RESERVES SYSTEM.

 

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

SECTION 1. The legislature finds that Hawaii possesses unique natural resources, many of which are found nowhere else in the world. In 1970, the legislature established the Natural Area Reserves System (NARS) to "preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible, of the native flora and fauna, as well as geological sites, of Hawaii." Within the NARS are some of the most biologically rich ecosystems remaining in the Hawaiian islands, as well as many habitats of threatened and endangered species, important Hawaiian cultural sites, and essential watersheds for Hawaii’s people and the economy. All but two of the natural area reserves are on ceded land.

The legislature further finds that adequate staffing and funding to actively manage the natural area reserves are necessary to ensure the protection of these special places and resources. Since its inception, the NARS has been supported by the state general fund through direct appropriations by the legislature, which fluctuate from year to year. Although the legislature has established permanent dedicated funding for state-private conservation partnerships on private land, there is no dedicated source of funding for the NARS on public, state-managed land.

The purpose of this Act is to establish permanent adequate funding for the NARS by dedicating 50 per cent of the conveyance tax to the NARS. The legislature finds that this Act is consistent with the original purpose and intent of Act 139, Session Laws of Hawaii 1970, which established the statewide system of natural area reserves to be preserved for the enjoyment of future generations and to provide base lines against which changes that were being made in the environment could be measured.

SECTION 2. Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103- Natural area reserve fund. (a) Three per cent of all state fund appropriations for capital improvements designated for the construction cost element shall be transferred to the natural area reserve fund established by section 195-9 and annually disbursed to the natural area reserves system by the department of land and natural resources; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings.

(b) The three per cent amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriations bills are signed into law. The moneys shall be transferred into the natural area reserve fund upon availability of moneys from the appropriations. Each agency receiving capital improvement appropriations shall calculate the three per cent amount and transfer the moneys into the natural area reserve fund.

(c) The comptroller shall:

(1) Provide each agency receiving capital improvement appropriations with information regarding items that shall be included in or excluded from the three per cent amount;

(2) Ensure that each agency calculates its three per cent amount correctly; and

(3) Ensure that each agency transfers the correct amount to the natural area reserve fund in a timely manner.

(d) The comptroller and the natural area reserves system program manager shall track amounts due from each agency under the three per cent requirement as provided by this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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