Report Title:

Conservation; forests

Description:

Allows all revenue derived from forest reserves to be deposited into the Forest Stewardship Fund for management of the State Forest Reserve System. (HB2396 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2396

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FOREST STEWARDSHIP.

 

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

SECTION 1. The legislature finds that the current statute requires that income from the harvest and sale of certain forest products and tree seedlings of the forest reserves be deposited into the forest stewardship fund, but provides that "other moneys accrued from any forest reserve or the products thereof" be deposited into the general fund.

The purpose of this bill is to provide that all revenues derived from the forest reserves be deposited into the forest stewardship fund by:

(1) Deleting confusing and contradictory language requiring the depository of "other moneys accrued from any forest reserve or the products thereof" into the general fund; and

(2) Adding that other products, services, or values derived from the forest reserves and moneys from fines and penalties be deposited into the forest stewardship fund.

SECTION 2. Section 183-16, Hawaii Revised Statutes, is amended to read as follows:

"§183-16 [Income] Revenue from forest reserves. [(a)] Any moneys accrued from:

(1) The harvest of non-native forest products from forest reserves;

(2) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves;

(3) The sale of forest products found dead and lying on the ground; [or]

(4) The sale of tree seedlings from state nurseries;

(5) The sale of any other products or services, or anything of value derived from forest reserves not described above; or

(6) The imposition of fines or penalties for violations of chapters 183, 185, and 195F or any rule adopted thereunder,

shall be deposited into the forest stewardship fund.

[(b) Any other moneys accrued from any forest reserve or the products thereof shall be deposited into the general fund.]"

SECTION 3. Section 195F-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a special fund within the state treasury known as the forest stewardship fund which shall be used as follows:

(1) Payments shall be made by the board pursuant to agreements entered into with qualified landowners to further the purposes of this chapter;

(2) Moneys collected from [the]:

(A) The harvest of non-native forest products from forest reserves[, from the];

(B) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves[, from];

(C) The sale of forest products found dead and lying on the ground[, or from the];

(D) The sale of tree seedlings from [the] state nurseries[,];

(E) The sale of any other products or services, or anything of value derived from forest reserves not described above; or

(F) The imposition of fines or penalties for violations of chapters 183, 185, and 195F or any rule adopted thereunder;

shall be used for [the following activities: (A) Replanting,]:

(i) Replanting, managing, and maintaining designated timber management areas; [(B) Enhancing]

(ii) Enhancing the management of public forest reserves with an emphasis on restoring degraded koa forests; and [(C) Developing

(iii) Developing environmental education and training programs pertaining to sustainable forestry;

provided that the activities described in [subparagraphs (B) and (C)] clauses (ii) and (iii) may not be funded unless the activities described in approved management plans pertaining to [subparagraph (A)] clause (i) are adequately funded; and

(3) Moneys deposited into the fund as authorized by section 247-7 may also be used by the department to administer the program[.] and manage the forest reserve system."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2006.