SB3206 HD1

SECTION 1. Kawainui marsh, encompassing approximately eight hundred thirty acres of land in Kailua, Oahu, is the state's largest remaining wetland and an ecological and cultural treasure. It has been identified by the United States Fish and Wildlife Service as a primary habitat for endemic and endangered native Hawaiian birds such as the ‘alae ke‘oke‘o, ‘alae ‘ula, ae‘o, and koloa maoli. In 2005, the Ramsar Convention on Wetlands designated Kawainui marsh a wetland of international importance in part due to the wetlands' relationship to surrounding cultural sites.

Act 314, Session Laws of Hawaii 1990 (Act 314), directed the transfer to the State of that certain parcel owned by the city and county of Honolulu and bearing tax map key number 4‑2‑16:1, which encompasses the bulk of Kawainui marsh. The parties were unsuccessful in completing the transfer.

Since the passage of Act 314, the health of the marsh has declined significantly despite the advocacy and restoration efforts of community groups such as ‘Ahahui Malama i ka Lokahi, Hawaii's Thousand Friends, the Kailua Hawaiian Civic Club, Kailua Historical Society, Kawai Nui Heritage Foundation, Ho'olaulima ia Kawainui, and the Windward Ahupua‘a Alliance.

Act 235, Session Laws of Hawaii 2007, again addressed the transfer of this parcel to the State, and the city and county of Honolulu is currently in negotiations with the State to complete the transfer of title.

The purpose of this Act is to ensure continued community participation in the preservation, protection, and future vision for Kawainui marsh.

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

"§171‑ Kawainui marsh advisory council. (a) There is established a Kawainui marsh advisory council, to be placed within the department of land and natural resources for administrative purposes only. The advisory council shall consist of seven voting members appointed by the governor in accordance with section 26-34, and six ex-officio members.

(b) Each voting member of the advisory council shall represent one of the seven strategic areas listed below. For each strategic area, the corresponding organizations shall jointly submit to the governor a list of no fewer than three names within ninety days following July 1, 2008. The governor shall select one voting member for each of the following seven strategic areas from the lists submitted for each respective strategic area:

(1) Education: ‘Ahahui Malama i ka Lokahi, Kawainui Heritage Foundation, and the Kailua Historical Society;

(2) Cultural resource: Kailua Hawaiian Civic Club and Ahahui Malama i ka Lokahi;

(3) Environmental: Hawaii's Thousand Friends, Windward Ahupua‘a Alliance, and the Kawainui Heritage Foundation;

(4) Native animals: Hawaii Audubon Society and the Conservation Council of Hawaii;

(5) Native plants and ecosystems: Hawaii Botanical Society, Hui Ku Mauli Ola, and the Lani-Kailua Outdoor Circle;

(6) Business/landowner: Kailua Chamber of Commerce and Kaneohe Ranch; and

(7) Traditional Hawaiian permaculture: Aloha Aina Health Center, Kailua Hawaiian Civic Club, and the Ahahui Malama i ka Lokahi;

(1) A representative of the United States Army Corps of Engineers;

(2) A representative of the United States Fish and Wildlife Service;

(3) A representative of the department's forestry and wildlife division designated by the chairperson;

(4) A representative of the department's state parks division designated by the chairperson;

(5) A representative of the city and county of Honolulu designated by the council of the city and county of Honolulu; and

(6) A student representative from a Kailua area school selected by the Windward District Kailua/Kalaheo Complex Office.

(d) The members of the advisory council shall not receive compensation for their services but shall be reimbursed for expenses, including travel expenses, incurred in their duties relating to the council.

(e) A chairperson shall be elected annually by the advisory council from among the council's voting members; provided that no member may serve as chairperson for more than two consecutive years.

(f) Four voting members of the advisory council shall constitute a quorum to do business and any action taken by the advisory council shall be validated by a simple majority of the quorum.

(g) The advisory council's responsibilities shall include:

(1) Reviewing and assisting in updating and revising the 1994 Kawai Nui marsh master plan, which shall include the Hamakua wetlands, adjacent waterways that enter into Kawainui marsh from Maunawili and Kapaa valleys and flow into Kailua Bay;

(2) Facilitating implementation of the Kawai Nui marsh master plan;

(3) Enhancing community education and cultural awareness of Kawainui marsh; and

(4) Participating in the protection and preservation of Kawainui marsh's natural and cultural resources.

(h) The department and the advisory council, no less than quarterly, shall consult with Ho'olaulima ia Kawainui community networking organization to coordinate, review, and assess the progress of programs and efforts to maintain the natural, cultural, and scenic resources of Kawainui marsh and related areas.

(i) Any final submittals to the board pertaining to Kawainui marsh shall incorporate the advisory council's comments on the department's draft submittals."

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 to support the work of the Kawainui marsh advisory council, including the revising of the 1994 Kawai Nui marsh master plan and its implementation.

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

SECTION 4. The department of land and natural resources and the Kawainui marsh advisory council shall submit an annual report on the status of the review and implementation of the Kawai Nui marsh master plan, including an account of the public moneys expended and moneys necessary to complete and implement the master plan, to the legislature no later than twenty days before the beginning of each regular session beginning with the regular session of 2009.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2020.

THE SENATE	S.B. NO.	3206
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 2
STATE OF HAWAII		H.D. 1