SB415

SECTION 1. The legislature finds that individuals with disabilities face unique challenges when seeking to access and enjoy public lands, state parks, and wilderness areas. The ability to connect with nature is a fundamental right that fosters physical well-being, mental health, and community inclusion. Accessible trail programs designed to enhance the experiences of disabled individuals in outdoor recreational areas have proven effective in fostering inclusivity, enriching lives, and promoting equity. Research demonstrates the positive impacts of programs such as the Colorado parks and wildlife system, which offers adaptive equipment and accessible trails through its "track-chair program". This initiative provides individuals with mobility impairments access to state park trails previously deemed inaccessible. The program has received widespread acclaim for improving physical and emotional health outcomes among participants and exemplifies a successful partnership between public funding and private sponsorship. Similarly, the Mount Shasta trail association in California has implemented a series of wheelchair-accessible wilderness trails. These include widened paths, specially designed viewpoints, and signage to cater to a wider range of individuals with disabilities. These efforts have significantly increased participation rates of individuals with disabilities in wilderness activities and established a model for other states to emulate.

The legislature recognizes that the State is renowned for its natural beauty and recreational opportunities and must ensure that its public lands are accessible to all of its residents and visitors. Establishing an inclusive program to enhance accessibility will provide individuals with disabilities an opportunity to engage with Hawaii's diverse ecosystems while promoting values of equity and sustainability. Further, by leveraging existing successful models from other states, including these in Colorado and California, the State can ensure its own program will be efficient and effective.

It is the legislature's intent that this Act shall serve as a commitment to ensuring that all individuals, regardless of physical ability, have an equal opportunity to experience and benefit from Hawaii's unique natural landscapes.

Accordingly, the purpose of this Act is to:

(1) Establish an accessible wilderness and state parks trails program to enhance outdoor recreational opportunities for individuals with disabilities;

(2) Promote partnerships with public and private organizations to fund and sustain the program, and enshrine the principles of inclusivity, equity, and environmental stewardship in the design and implementation of the program; and

(3) Establish the accessible wilderness and state parks trails program special fund.

SECTION 2. Chapter 198D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Accessible wilderness and state parks TRAILS program

§198D- Definitions. For the purposes of this part:

"Accessible trail" means a designated pathway in a wilderness area or state park that is constructed or modified to meet the needs of individuals with disabilities in compliance with applicable federal and state accessibility standards.

"Adaptive equipment" means a specialized device or technology designed to enable an individual with a disability to access and utilize outdoor recreational facilities, including but not limited to wheelchairs, track-chairs, and other mobility aids.

"Division" means the division of state parks of the department of land and natural resources.

§198D- Accessible wilderness and state parks trails program; established; duties; report; rules. (a) There is established within the division an accessible wilderness and state parks trails program to be administered by the department. The program shall:

(1) Develop, construct, and maintain accessible trails within the State's wilderness areas and state parks;

(2) Provide adaptive equipment for individuals with disabilities to enhance accessibility to state park facilities; and

(3) Promote equity in access to the State's natural resources and recreational opportunities.

(b) The department shall:

(1) Identify and prioritize trails and park areas for accessibility upgrades;

(2) Procure and maintain adaptive equipment for public use;

(3) Collaborate with stakeholders, including disability advocacy groups, local communities, and private organizations to ensure that program goals align with community needs;

(4) Secure funding via legislative appropriations, federal grants, and public-private partnerships; and

(5) Ensure that all projects under the accessible wilderness and state parks trails program comply with applicable federal law, including the Americans with Disabilities Act, and state accessibility standards.

(c) The department shall submit a report, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session, detailing:

(1) Program activities and accomplishments;

(2) Total expenditures and funding sources; and

(3) Future plans for the expansion of trail accessibility and adaptive equipment availability.

(d) The department may adopt rules pursuant to chapter 91 necessary to implement this part, including but not limited to:

(1) Procedures for the use of adaptive equipment;

(2) Scheduling and reservations for accessible trails; and

(3) Standards for new or upgraded facilities.

§198D- Accessible wilderness and state parks trails program special fund; established. (a) There is established in the state treasury an accessible wilderness and state parks trails program special fund into which shall be deposited:

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

(2) Gifts, donations, and grants from public agencies, including the United States government and private persons; and

(3) All interest earned on or accrued to moneys deposited in the special fund.

(b) The special fund shall be administered by the department.

(1) Permanent and temporary staff positions to administer the special fund;

(2) Administrative and operational costs of the accessible wilderness and state parks trails program; and

(3) The construction or modification of a wilderness area or state park to meet the needs of individuals with disabilities in compliance with applicable federal and state accessibility standards."

SECTION 3. There is appropriated out of the general fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as necessary for fiscal year 2026-2027 to be deposited into the accessible wilderness and state parks trails program special fund.

SECTION 4. There is appropriated out of the accessible wilderness and state parks trails program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as necessary for fiscal year 2026-2027 for the expansion of trail accessibility and adaptive equipment availability at wilderness areas and state parks pursuant to this Act.

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

SECTION 5. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	415
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII