SB2782 HD2.DOC

PART I

SECTION 1. The legislature finds that immediate action is needed to secure Hawaii's water supply. Hotter, drier conditions and damaged watershed forests are escalating the costs and conflicts over water.

While climate change is a problem on a global scale, simple, local actions can safeguard Hawaii's declining water sources. Through Act 152, Session Laws of Hawaii 2000, the legislature recognized that fresh water is not an infinite resource and its quality, quantity, and sustainability depend upon forested watersheds. Without vegetation, most of our islands' rainfall would quickly run off into the ocean and be unusable. Instead, forests break the impact of heavy rains, thereby reducing flooding, erosion, and siltation of reefs and fisheries.

Protecting forest watersheds is the most cost effective and efficient way to absorb rainwater and replenish ground water. Watersheds also reduce impacts from climate change by absorbing greenhouse gases, which is a component of the Hawaii Clean Energy Initiative to help the State reach its policy targets to reduce greenhouse gas emissions to 1990 levels by year 2020, enacted by the legislature by way of Act 234, Session Laws of Hawaii 2007. Additionally, forests sustain irreplaceable cultural and natural values.

Half of Hawaii's forests have already been lost. Alien species, such as feral pigs and goats, trample and devour vegetation, leaving bare ground or openings for alien plants that consume more water and increase runoff. The gradual invasion of alien plants into native forests may have already reduced the estimated groundwater recharge by up to ten per cent in certain aquifers. For example, in East Hawaii, invasive plants have already reduced estimated groundwater recharge by eighty-five million gallons a day. Controlling these and other threats requires a large-scale effort to protect these irreplaceable natural assets.

Governor Neil Abercrombie's "A New Day in Hawaii" plan calls for the stewardship of the natural resources that our survival, economy, and quality of life depend on. Priority actions of the plan include managing invasive species, increasing Hawaii's ability to withstand impacts from climate change, and restoring capabilities of the department of land and natural resources by finding additional sources of funding. The Abercrombie administration's New Day status report also tasks the department of land and natural resources with ensuring that mauka watersheds are fully functioning so that fresh water resources can be utilized and enjoyed by the people of Hawaii in perpetuity.

To implement these central goals of the Abercrombie administration, the department of land and natural resources released "The Rain Follows the Forest – A Plan to Replenish Hawaii's Source of Water", which identifies priority watersheds and outlines on-the-ground actions and projects required to protect and sustain Hawaii's critical water sources. The forests and their ability to capture water depend on the protection provided by the actions listed in this plan. To be successful, these actions must occur on a large scale across ownership boundaries, through agreements and leveraged funds provided by the statewide watershed partnerships. Currently, only ten per cent, approximately ninety thousand acres, of the priority watershed areas are protected. This level of management has taken forty years to achieve. The department of land and natural resources' goal is to double the amount of protected watershed areas in just ten years. This will require approximately $5,000,000 per year, and create over one hundred fifty local jobs.

The legislature further finds and declares that the State needs to direct revenues towards new priorities and move immediately to fund the protection of these watersheds and implement this comprehensive plan to ensure the availability and affordability of fresh water. Watershed protection and restoration must be funded commensurate with its essential role. Hawaii's leaders must come together and incorporate funding policies within the State's overall financial plan to reverse the grave decline of the islands' life-giving forests in order to sustain and enrich current and future generations.

The purpose of this part is to provide funds to the department of land and natural resources for the immediate protection of priority watershed forests to replenish Hawaii's water supplies and provide many other fundamental benefits to Hawaii's environmental health.

SECTION 2. 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 2012-2013 to be expended on projects undertaken in accordance with watershed management plans, including to invasive species removal, construction and ongoing maintenance of fences, control of other forest threats, and restoration; provided that any new fences constructed shall be on state land only and funds used for maintenance of fences shall be for fences on state lands only. Private land owners shall reimburse the department of land and natural resources for any funds appropriated to the watershed management plans that are used for private lands.

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

PART II

SECTION 3. The purpose of this part is to statutorily establish the division of aquatic resources under the department of land and natural resources.

SECTION 4. Section 26-38, Hawaii Revised Statutes, is amended to read as follows:

"§26-38 Powers and duties of heads of departments. Except as otherwise provided by this chapter, every power and duty conferred by law and required to be performed by any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State existing immediately prior to November 25, 1959, shall hereafter be exercised and performed by the head of the respective department established by this chapter, whether the head of the department be a single executive, board, or commission.

Except as otherwise provided by this chapter, the head of a department may assign any function vested in [~~his~~] the department to any subordinate officer or employee as [he] the head of the department deems desirable.

With the approval of the governor, the head of a department may establish or abolish within [~~his~~] the department any division or other administrative unit to achieve economy and efficiency and in accord with sound administrative principles and practices and procedures[.]; provided that the chairperson of the board of land and natural resources shall not use this authority to abolish or consolidate the division of aquatic resources established under section 187A-4.

The head of each department may prescribe regulations for the administration of [~~his~~] the department, for the conduct of its employees, for the performance of its business, and for the custody, use, and preservation of records, equipment, and other property pertaining thereto; provided that the regulations shall not be inconsistent with the requirements of chapters 76, 91, and 92, or rules promulgated by the governor, or other laws of the State."

SECTION 5. Section 187A-4, Hawaii Revised Statutes, is amended to read as follows:

"§187A-4 [~~Administrator.~~ ~~The board shall appoint an administrator~~] Division of aquatic resources; administrator. (a) There shall be a division of aquatic resources [~~who~~] under the department. The division shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development [~~activities~~] under this title, and such other matters relating to aquatic resources as the board may direct[.]; except that:

(1) The enforcement of laws and rules regulating aquatic resources shall be the responsibility of the conservation and resources enforcement program established pursuant to chapter 199, unless otherwise directed by the board; and

(2) For the purpose of achieving efficiency, the board may provide administrative services for the division of aquatic resources through another division or unit of the department.

(b) The division of aquatic resources shall not be placed organizationally under any other division or unit of the department, except the board and office of the chairperson.

The division of aquatic resources shall not have primary responsibility for a matter unrelated directly and substantially to aquatic resources management, development, or conservation.

(c) The division of aquatic resources shall be headed by an administrator, who shall be trained and educated in natural resource management."

PART III

SECTION 6. The legislature finds that the collapse of national credit, housing, financial, and other market sectors has culminated in the current national economic crisis, which continues to have consequences on the local economy, including significant losses in local construction, restaurant, and other industries. The legislature further finds that solutions for immediate relief will require unprecedented levels of cooperation between state and local governments and between public and private entities to realize bold yet productive proposals.

The purpose of this part is to appropriate funds for the establishment of an emergency environmental workforce for short-term employment for individuals who are unemployed or underemployed due to the slow economic recovery. Individuals willing to accept the challenge of an emergency environmental workforce job will assist in the State's efforts to:

(1) Maintain and strengthen watersheds throughout the State;

(2) Eradicate the miconia plant, feral coffee trees, and other invasive plants; and

(3) Reduce coqui frog, coffee borer beetle, and fire ant populations.

The legislature intends for the revenues generated by general obligation bond authorizations and appropriations from the general fund made by this part to be released only after at least sixty-five per cent of the total appropriations from various non-general funds made by this part have been released. The legislature further intends for the director of finance to have the discretion to determine when at least sixty-five per cent of the special and other non-general fund appropriations have been made in a manner that fulfills the purpose of this part.

SECTION 7. There is established the emergency environmental workforce to be attached to the research corporation of the University of Hawaii for administrative purposes. The emergency environmental workforce shall:

(1) Employ as six-month contract employees approximately five hundred to seven hundred fifty individuals who were terminated from their jobs as a result of the local economic downturn;

(2) Supplement the State's current services being provided for the maintenance and strengthening of watersheds throughout the State, eradication of the miconia plant and other invasive plants, and the reduction of coqui frog, coffee borer beetle, and fire ant populations; and

(3) Coordinate its efforts with the efforts of the department of agriculture, the department of land and natural resources, and the invasive species committees of Hawaii.

SECTION 8. The research corporation of the University of Hawaii shall:

(1) Together with the pacific cooperative studies unit of the University of Hawaii at Manoa, develop a planning, administration, implementation, and evaluation strategy, including a program duration plan and a budget for contract and administrative expenses for the sums appropriated;

(2) Develop a recruitment and public information plan, in consultation with private employers with workforces that have been or that may be affected by layoffs resulting from the economic downturn;

(3) Develop a strategy for the interviewing and selection of emergency environmental workforce participants, including physical examinations as necessary to qualify applicants before final contract offers;

(4) Request that attorneys employed or retained by the University of Hawaii prepare, on an expedited basis, the necessary employment contracts to meet the objectives of the emergency environmental workforce;

(5) Submit review and assessment reports to the governor, the senate president, and the speaker of the house of representatives every sixty days for the duration of the emergency environmental workforce; and

(6) Undertake all other necessary activities for emergency environmental workforce development and implementation.

SECTION 9. There is appropriated out of the special land and development fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

The sum appropriated shall be expended by the research corporation of the University of Hawaii for the purposes of this part; provided that no moneys shall be expended without the prior approval of the pacific cooperative studies unit of the University of Hawaii at Manoa.

SECTION 10. There is appropriated out of the forest and wildlife resources fund within the special land and development fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

SECTION 11. There is appropriated out of the land conservation fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

SECTION 12. There is appropriated out of the water resource management fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

SECTION 13. There is appropriated out of the natural area reserve fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

SECTION 14. There is appropriated out of the forest stewardship fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

SECTION 15. There is appropriated out of the pest inspection, quarantine, and eradication fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to establish an emergency environmental workforce to be administered by the research corporation of the University of Hawaii.

SECTION 16. 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 2012-2013.

SECTION 17. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2012-2013 for the emergency environmental workforce to:

(1) Fence lands and easements in the state conservation district to protect watershed lands; and

(2) Mitigate invasive species.

The appropriation made for the capital improvement projects authorized by this section shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2014, shall lapse as of that date.

SECTION 18. The moneys appropriated from the general fund by section 16 of this Act and the revenues derived from the general obligation bonds authorized by section 17 of this Act shall be released and expended only when at least sixty-five per cent of the moneys appropriated from funds by sections 9, 10, 11, 12, 13, 14, and 15 of this Act have been authorized for expenditure by the director of finance. For the purpose of determining the monetary amount that is at least sixty-five per cent of the moneys appropriated and allotted under sections 9, 10, 11, 12, 13, 14, and 15, the director of finance may aggregate the amounts authorized for expenditure from those funds.

PART IV

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect on July 1, 2030.

THE SENATE	S.B. NO.	2782
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII		H.D. 2