SB2359 SD1

Report Title:

Conservation; Forests

Description:

Allows revenue derived from forest reserves to be deposited into the forest stewardship fund for management of the state forest reserve system. Provisions sunset on 7/1/09. (SD1)

THE SENATE	S.B. NO.	2359
TWENTY-THIRD LEGISLATURE, 2006		S.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. 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, services, or values 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 2. Section 195F-4, Hawaii Revised Statutes, is amended to read as follows:

§195F-4 Forest stewardship fund. (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 harvest of non-native forest products from forest reserves, from the harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves, from forest products found dead and lying on the ground, [or] from the sale of tree seedlings from the state nurseries, from the sale of any other products, services, or values derived from forests reserves not described above, or from the imposition of fines or penalties for violations of chapter 183, 185, and 195F or any rule adopted thereunder, shall be used for the following activities:

(A) Replanting, managing, and maintaining designated timber management areas;

(B) Enhancing the management of public forest reserves with an emphasis on restoring degraded koa forests; and

provided that the activities described in subparagraphs (B) and (C) may not be funded unless the activities described in approved management plans pertaining to subparagraph (A) 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 program.

(b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury; provided that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received.

Investment earnings credited to the fund shall become a part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.

(c) The department shall submit an annual report summarizing the revenues gained from the forest reserves to the legislature at least twenty days before each the regular session."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2006; provided that on July 1, 2009, this Act shall be repealed and sections 183-16 and 195F-4, Hawaii Revised Statutes, are reenacted in the form in which they read on June 30, 2006.