SB2817 SD2

SECTION 1. The legislature finds that since the days of the ancient Hawaiian people, Honolua Bay has been an important and cherished place on Maui. From the Honolua Stream to Lipoa Point and Honolua Bay, the area has remained an important place for recreation such as surfing and diving and has been the venue for international professional surfing contests. Honolua Bay is also one of Hawaii's most pristine coral reef habitats. In fact, the State recognized the importance of the marine resources at Honolua Bay by making the area a marine life conservation district in the early 1990s.

The legislature also finds that Lipoa Point, which adjoins Honolua Bay, is also recognized as an important area for surfing, fishing, and diving for both local residents and visitors. However, the landowner of Lipoa Point has recently announced plans to develop the area, triggering a statewide movement to protect and preserve the area for public use. The legislature finds that state, county, federal, and private funds can be used to finance such a purpose in any negotiations with the landowner.

The purpose of this Act is to create a Honolua Bay community trust advisory committee to develop a sustainable management and conservation plan to manage Lipoa Point as open space for public use.

SECTION 2. Honolua Bay community trust advisory committee; composition; no compensation; duty; reports; termination. (a) There shall be created the Honolua Bay community trust advisory committee, to be placed administratively within the department of land and natural resources. The advisory committee shall build on the efforts of a community-based stakeholder group convened by the county of Maui mayor's office. The advisory committee and the stakeholder group shall work together in creating a long- and short-term sustainable management and conservation plan to manage Lipoa Point as public open space.

(b) The members shall elect a chairperson from among the members. The state senator representing senate district 5, the state representative representing house of representative district 10, and the county council member representing the west Maui district, and a representative of the mayor of the county of Maui shall serve as ex officio members. The committee shall be composed of the following:

(1) One member representing the department of land and natural resources;

(2) One member representing the area's major private landowner, Maui Land and Pineapple Company, Inc.;

(3) Two members representing Save Honolua Bay;

(4) Two members representing Honolua Bay Coalition;

(5) One member representing Ocean Tourism Coalition;

(6) One member representing the Ahu Moku council;

(7) One member who is a resident of west Maui within the postal zip code of 96761 appointed by the governor;

(8) One member who is a resident of west Maui within the postal zip code of 96761 appointed by the president of the senate;

(9) One member who is a resident of west Maui within the postal zip code of 96761 appointed by the speaker of the house of representatives;

(10) One member representing a resource conservation organization with members in west Maui;

(11) One member representing native Hawaiian stakeholders in the ahupuaa encompassing Honolua Bay; and

(12) One member affiliated with the Community Conservation Network;

provided that the members who are residents of west Maui under paragraphs (7), (8), and (9) shall not be a member of or be affiliated with any groups or organizations already represented in the committee under paragraphs (1) through (6) and (10) through (12).

(b) Members shall not be compensated but shall be reimbursed for any necessary expenses incurred, including travel expenses, in the course of their official duties.

(c) The committee shall develop a Honolua Bay management and conservation plan to maintain Lipoa Point as a public open space. The plan shall identify state, county, federal, and private sources of funding for the management and conservation of Lipoa Point, including any tax mechanisms. The committee may consult with members of Hawaii's congressional delegation and shall keep the delegation informed of its progress. The committee may invite any individual or organization for technical or other assistance.

(d) The committee shall submit an interim written report and a written final report containing the Honolua Bay management plan, findings, recommendations, and any necessary legislative proposals, to the legislature no later than twenty days prior to the convening of the regular sessions of 2009 and 2010, respectively. Upon the request of the committee, the legislative reference bureau shall assist with drafting of proposed legislation.

(e) The Honolua Bay community trust advisory committee shall terminate on June 30, 2010.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for development of the Honolua Bay management and conservation plan under section 2 of this Act, including the hiring of a consultant/facilitator without regard to chapter 103D, Hawaii Revised Statutes, to assist the committee to accomplish its tasks.

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

SECTION 4. This Act shall take effect upon its approval, except that section 3 shall take effect on July 1, 2008.

THE SENATE	S.B. NO.	2817
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 2
STATE OF HAWAII