Report Title:

Environmental Protection

Description:

Clarifies use of moneys in the natural area reserve fund and increases conveyance tax for that purpose.

THE SENATE

S.B. NO.

1895

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ENVIRONMENTAL PROTECTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature recognizes the value of Hawaii's natural resources to its economy, culture, and quality of life, but an alarmingly small amount of money is invested each year to protect our natural capital base. Currently, the department of land and natural resources has allocated only one per cent of the State's budget to protect and manage Hawaii's precious natural and cultural resources –- the very foundation of our island community and economy. Especially critical are the department's efforts to ensure that our basic necessities, such as water supply, are protected for future generations. Equally important is protecting our native plants, animals, and ecosystems that are fundamental elements of native Hawaiian culture.

The legislature has already determined that the conveyance tax is an appropriate means to fund the conservation of natural resources on private land by dedicating twenty-five per cent of the current assessment to the natural area partnership program and forest stewardship program that assist private landowners in managing important natural resources on private land. However, such dedicated funding has not been provided for the natural area reserves system on state-managed, mostly ceded, land.

The legislature has also determined that the nexus is sufficient for the use of a portion of the conveyance tax for watershed protection and the youth conservation corps. The development, sale, and improvement of real estate in Hawaii puts additional pressure on natural areas, Hawaii's water resources, and watershed recharge areas.

The purpose of this Act is to increase the conveyance tax to provide a stable funding mechanism for the natural area reserves system.

SECTION 2. Section 247-2, Hawaii Revised Statutes, is amended to read as follows:

"§247-2 Basis and rate of tax. The tax imposed by section 247-1 shall be based on the actual and full consideration (whether cash or otherwise, including any promise, act, forbearance, property interest, value, gain, advantage, benefit, or profit) paid or to be paid, [which] that shall include any liens or encumbrances thereon at the time of sale, lease, sublease, assignment, transfer, or conveyance, and shall be at the rate of [ten]:

(1)     cents per $100 of such actual and full consideration[;] paid in the amount of $1 up to but not including $500,000;

(2)     cents per $100 of such actual and full consideration paid in the amount of $500,000 up to but not including $1,000,000; or

(3)     cents per $100 of such actual and full consideration paid in the amount of $1,000,000 and over;

provided that in the case of a lease or sublease, this chapter shall apply only to a lease or sublease whose full unexpired term is for a period of five years or more, and in those cases, including (where appropriate) those cases where the lease has been extended or amended, the tax in this chapter shall be based on the cash value of the lease rentals discounted to present day value and capitalized at the rate of six per cent, plus the actual and full consideration paid or to be paid for any and all improvements, if any, [which] that shall include on-site as well as [offsite] off-site improvements, applicable to the leased premises; and provided further that the tax imposed for each transaction shall be not less than $1."

SECTION 3. Section 247-7, Hawaii Revised Statutes, is amended to read as follows:

"§247-7 Disposition of taxes. All taxes collected under this chapter shall be paid into the state treasury to the credit of the general fund of the State, to be used and expended for the purposes for which the general fund was created and exists by law; provided that of the taxes collected each fiscal year, twenty-five per cent shall be paid into the rental housing trust fund established by section 201G-432 and twenty-five per cent shall be paid into the natural area reserve fund established by section 195-9; provided that the funds paid into the natural area reserve fund shall be annually disbursed by the department of land and natural resources [after joint consultation with the forest stewardship committee and the natural area reserves system commission] in the following priority:

(1) To natural area partnership and forest stewardship programs[;], after joint consultation with the forest stewardship committee and the natural area reserve system commission;

(2) [Projects] To projects undertaken in accordance with watershed management plans pursuant to section 171-58 or watershed management plans negotiated with private landowners[;], and management of the natural area reserves system pursuant to section 195-3; and

(3) The youth conservation corps established under chapter 193."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on September 1, 2005.

INTRODUCED BY:

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