HB588

SECTION 1. The legislature finds that the acquisition of Lipoa point to protect and preserve public access and traditional cultural gathering rights, as well as staving off development, was a monumental landmark achievement in land conservation. The legislature further finds that in order to protect and preserve this area and ensure the public health and safety of this pristine region while community planning is ongoing requires support from the State and county governments as well as private and nonprofit entities. In the past, while appropriations have been made to the department of land and natural resources, the funds were not specifically set aside for management activities. The community has instead relied on private groups to fund essential maintenance activities to make the area a safe place for countless visitors who travel to Maui every year and the many local families who come for surfing, fishing, diving, and other recreational activities.

The legislature also finds that many visitors use the waters of the adjacent Honolua Bay marine life conservation district. Their support, along with that of the county, State, and community and nonprofit groups, can create a dedicated fund for the protection of this asset for the public. Furthermore, the legislature finds that other states have initiated contributions from visitors who frequent and use the natural resources of their natural attractions as a way to continue to beautify and preserve these areas while educating visitors about the use of the contributions. Most importantly, visitor contributions for protecting these areas led to the visitor community supporting these critical activities. The fees, collected while visitors are using the natural attractions, are applied only for purposes of protecting these vital natural treasures. By creating a special fund for a visitor contribution program for individuals frequenting the Honolua Bay marine life conservation district, along with other private and government funding, the legislature finds that the department of land and natural resources can ensure continued access and enjoyment by all while also addressing the basic health and safety issues for Lipoa point.

The purpose of this Act is to establish the Lipoa point special management area and a visitor fee to be used for the management and maintenance of the Lipoa point special management area and to educate visitors of the stewardship activities being funded by the visitor fees.

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

"§171-A Lipoa point special management area; visitor fee. (a) The department shall establish the Lipoa point special management area on the parcel of land acquired by the State at Lipoa point, identified as TMK 2-4-1-001-010-0000.

(b) The department may impose a visitor fee of $1 to each paying passenger of a maritime commercial vessel engaging in commercial activity that requires travel through the ocean waters extending three thousand feet seaward of the territorial sea baseline of the Lipoa point special management area.

(c) Moneys collected pursuant to this section shall be deposited into the Lipoa point special management area special fund established by section 171-B.

(d) The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.

(e) For the purposes of this section, "commercial activity" means any action or attempted action for compensation in any form, including but not limited to providing or attempting to provide guide services, charters, tours, and transportation to and from the location or locations for which the services are provided.

§171-B Lipoa point special management area special fund. (a) There is established the Lipoa point special management area special fund into which shall be deposited the following moneys:

(1) Appropriations by the legislature to the special fund;

(2) Fees collected from the Lipoa point visitor fee established pursuant to section 171-A;

(3) Grants, donations, gifts, or other income received for the purposes of the special fund;

(4) Federal funds; and

(5) Interest earned or accrued on moneys in the special fund.

(b) Moneys in the fund shall be used to:

(1) Support the management of the Lipoa point special management area, including but not limited to operations, maintenance costs, and providing and maintaining basic hygienic necessities at Honolua Bay; and

(2) Provide educational awareness to visitors of the Lipoa point special management area that the stewardship activities are being funded through the Lipoa point visitor fee and that all moneys collected in the fund are being used for stewardship of the Lipoa point special management area.

(c) The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on the special fund balance, expenses made from the special fund, and purposes of each expense."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	588
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII