STAND. COM. REP. NO. 1048-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 3192

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 3192, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO NATURAL RESOURCE MANAGEMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish a visitor impact fee program to collect fees to allow visitors to visit state-owned natural areas on state-owned land;

(2) Establish the Environmental Legacy Commission to allocate the revenues from the visitor impact fee to protect and manage Hawaii's natural resources; and

(3) Establish and appropriate funds into and out of the Visitor Impact Fee Special Fund.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawai‘i Tourism Authority; Mahiku A‘o Mai; Hawai‘i Alliance for Community-Based Economic Development; Hawai‘i Alliance for Progressive Action; Kua‘āina Ulu ‘Auamo; Wild Kids; The Nature Conservancy – Hawai‘i and Palmyra; Resources Legacy Fund; Hawai‘i Reef and Ocean Coalition; Surfrider Foundation, Hawai‘i Region; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Sustainable Coastlines Hawai‘i; Hawai‘i Lodging & Tourism Association; Maui Hotel & Lodging Association; Ka Leo O Nā ‘Ōpio; and numerous individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Budget and Finance, Tax Foundation of Hawaii, and one individual.

Your Committee finds that Hawaii's natural resources, including reefs, beaches, oceans, forests, streams, estuaries, and shorelines, provide irreplaceable and invaluable benefits to visitors and the global community at large. However, Hawaii's natural environment faces significant pressure from heavy use due to tourism. Collecting fees paid by visitors who enjoy Hawaii's public parks, beaches, and trails could generate funding each year to offset the adverse impacts of visitors and provide additional resources to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources.

Your Committee notes that an appropriate visitor impact fee should be no less than $25 and believes this issue merits further discussion by your Committee on Labor and Tourism and your Committee on Finance.

Your Committee has amended this measure by:

(1) Clarifying that a valid school identification card used to establish residency in the State must be from a school in Hawaii;

(2) Specifying that the Chairperson of the Board of Land and Natural Resources may increase the visitor impact fee by rule no more frequently than once every five years; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3192, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3192, S.D. 2, H.D. 1, and be referred to your Committee on Labor & Tourism.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair