reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-8 Penalty.

§195-8 Penalty.
(a) Any person who violates any of the laws and rules applicable to the reserves system, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not less than $1,000 or imprisoned not more than one year, or both, for each offense.
(b) Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder. The administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $2,500;
(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.
(c) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1970, c 139, pt of §1; am L 1981, c 74, §1; am L 2001, c 93, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-9 Natural area reserve fund; heritage program; established.

§195-9
Natural area reserve fund; heritage program; established.
(a) There is hereby established in the state treasury a special fund known as the natural area reserve fund to implement the purposes of this chapter, including the identification, establishment, and management of natural area reserves, the acquisition of private lands for new natural area reserves, the operation of the heritage program, and the provision of matching funds for the natural area partnership program. The fund shall be administered by the department.
(b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury, except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received. Investment earnings credited to the assets of the fund shall become a part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. [L 1987, c 351, §1; am L 1988, c 32, §1; am L 1991, c 326, §4]
Cross References
Biological survey; designation, see §6E-61.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-10 Alienation of natural area reserves.

§195-10 Alienation of natural area reserves.
Natural area reserves shall be held in trust and shall not be alienated except to another public use upon a finding by the department of an imperative and unavoidable public necessity. [L 1987, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-11 Reserves system management plan.

§195-11 Reserves system management plan.
The department, after consulting the most comprehensive up-to-date compilation of scientific data on the communities of the natural flora and fauna of Hawaii, shall prepare a comprehensive reserves system management plan based upon such information to accomplish the purposes of this chapter. [L 1987, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-12 Kaena point natural area reserve; vehicular access prohibited.

§195-12 Kaena point natural area reserve; vehicular access prohibited.
(a) The use of any vehicle within or traversing the Kaena point natural area reserve is prohibited, except as provided in this section. Any violation of this section shall be subject to section 195-8.
(b) The department may adopt rules pursuant to chapter 91 to allow a limited number of persons vehicular access to the Kaena point natural area reserve for department-permitted fishing and camping activities.
(c) This prohibition shall not apply to:
(1) Vehicles operated by personnel or agents of the department of land and natural resources necessary for the management and maintenance of the Kaena point natural area reserve and its resources; and
(2) Emergency vehicles, including emergency medical ambulances, police department vehicles, and fire department vehicles.
(d) For purposes of this section, "vehicle" means every motorized device in, upon, or by which any person or property is or may be transported or drawn, including all-terrain vehicles and mopeds. [L 2006, c 89, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-1 Findings and declaration of necessity.

§195D-1 Findings and declaration of necessity.
Since the discovery and settlement of the Hawaiian Islands by humans, many species of aquatic life, wildlife, and land plants that occurred naturally only in Hawaii have become extinct and many are threatened with extinction, primarily because of increased human use of the land and disturbance to native ecosystems.
All indigenous species of aquatic life, wildlife, and land plants are integral parts of Hawaii's native ecosystems and comprise the living heritage of Hawaii, for they represent a natural resource of scientific, cultural, educational, environmental, and economic value to future generations of Hawaii's people.
To insure the continued perpetuation of indigenous aquatic life, wildlife, and land plants, and their habitats for human enjoyment, for scientific purposes, and as members of ecosystems, it is necessary that the State take positive actions to enhance their prospects for survival. [L 1975, c 65, pt of §1; am L 1983, c 111, §2; gen ch 1993]
Law Journals and Reviews
Palila v. Hawaii Department of Land and Natural Resources: State Governments Fall Prey to the Endangered Species Act of 1973. 10 Ecology Law Quarterly 281 (1982).
Case Notes
In light of this chapter and having sought to secure financial advantages under the federal Endangered Species Act, the State has impliedly consented to be sued under that Act and may be required to eradicate feral sheep and goats. 471 F. Supp. 985 (1979).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-3 Determination by the department relating to conservation of particular species.

§195D-3 Determination by the department relating to conservation of particular species.
(a) The department is authorized to conduct investigations on any species of aquatic life, wildlife, and land plants in order to develop information relating to their biology, ecology, population, status, distribution, habitat needs, and other limiting factors to determine conservation measures necessary for their continued ability to sustain themselves successfully.
(b) The department is authorized to adopt pursuant to chapter 91, rules relating to the taking, possession, transportation, transplantation, importation, exportation, processing, selling, offering for sale, or shipment of any species of aquatic life, wildlife, and land plant for the purpose of conserving the same.
(c) Except as permitted by rules adopted by the department, it shall be unlawful for any person to take, possess, transport, transplant, export, process, sell, offer for sale, or ship any species of aquatic life, wildlife, or land plants deemed by the department to be in need of conservation pursuant to this section. [L 1975, c 65, pt of §1; am L 1983, c 111, §4; am L 1988, c 68, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-4.5 Taking a monk seal prohibited.

§195D-4.5 Taking a monk seal prohibited.
(a) A person commits the offense of taking a monk seal if the person intentionally or knowingly takes a Hawaiian monk seal (Monachus schauinslandi).
(b) Any person convicted of taking a monk seal shall be guilty of a class C felony; provided that in addition to any other sentence, the environmental court may impose a fine up to $50,000. [L 2010, c 165, §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-5.1 Protection of Hawaii's unique flora and fauna.

§195D-5.1 Protection of Hawaii's unique flora and fauna.
The department of land and natural resources shall initiate amendments to the conservation district boundaries consistent with section 205-4 in order to include high quality native forests and the habitat of rare native species of flora and fauna within the conservation district. The department may seek assistance from appropriate public, private, and nonprofit agencies and may employ consultants as necessary to implement this section. [L 1987, c 82, §2]
Cross References
Biological survey; designation, see §6E-61.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-5.5 Products to support the environment.

§195D-5.5 Products to support the environment.
(a) There is established within the department a program to financially benefit the environment by the development of environmentally-themed products such as collectible stamps, credit cards, and coins to be commercially sold to the public. The department may enter into contracts with private entities for the production of existing and new environmentally-themed products as the department deems appropriate.
(b) Each product developed under this program shall require the approval of the chairperson of the board of land and natural resources and the governor, after consultation with appropriate environmental organizations.
(c) Except for direct costs to administer, produce, and market the products, all revenues from the sale of products under this section shall be paid into the endangered species trust fund established pursuant to section 195D-31 to support programs of the department that:
(1) Benefit the environment; and
(2) Are related to the environmental theme of the product sold.
(d) The department shall submit an annual report of the program's products, costs, and revenues to the legislature no later than twenty days before the convening of each regular session. [L 2002, c 186, §2]
Revision Note
Section was enacted as an addition to chapter 195 but is renumbered to this chapter pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-6 Rules.

§195D-6 Rules.
The department may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter. [L 1975, c 65, pt of §1; am L 1983, c 111, §7; am L 1997, c 380, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-6.5 Interim rulemaking.

§195D-6.5 Interim rulemaking.
(a) The department, subject to the provisions of this section, may declare any indigenous species as endangered and establish, implement, and enforce interim rules governing the exportation from the State or the taking, possession, sale, offer for sale, delivery, or transport within the State, by any means whatsoever, of any such endangered species. These rules shall not be subject to chapter 91.
(b) An interim rule may be adopted in the event that the exportation, taking, possession, sale, offer for sale, delivery, or transport of any indigenous species, in the absence of effective rules, creates a significant risk of a local extirpation or species extinction, which is so imminent in nature as to constitute an emergency. No interim rule may be adopted without such finding by the department.
(c) Interim rules adopted pursuant to this section shall be effective as stated by the rules; provided that:
(1) Any interim rule shall be published statewide at least once as provided in section 1-28.5(a)(1) within five days after issuance; and
(2) No interim rule shall be effective for more than one hundred eighty days. [L 2004, c 32, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-7 Enforcement.

§195D-7 Enforcement.
(a) Any employee or agent of the department upon whom the board has conferred powers of police officers, including the power to serve and execute warrants and arrest offenders, or issue citations throughout the State, and any police officer of the counties of this State shall have the authority to enforce any of the provisions of this chapter or any rule adopted under this chapter.
(b) Any employee or agent of the department, for the purpose of enforcing the terms and conditions of any license issued under this chapter and upon written notification to the affected landowner, may enter upon, cross over, be upon, or remain upon privately owned lands for such purposes and shall not be subject to arrest for trespass while so engaged or for such cause thereafter.
(c) A landowner of property on which an endangered species exists shall not be liable for civil damages for injuries to employees of, or persons under contract with the department if injury to those employees or persons caused by their own negligence occurs while those employees or persons are enforcing the terms and conditions of any license issued under this chapter. [L 1975, c 65, pt of §1; am L 1983, c 111, §8; am L 1997, c 380, §7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-8 Search and seizure.

§195D-8 Search and seizure.
Any officer or agent authorized pursuant to section 195D-7 shall have the authority to conduct searches as provided by law and to seize any equipment, business records, merchandise, aquatic life, wildlife, or land plant taken, possessed, transported, sold, offered for sale, or used in violation of any section of this chapter or any rule adopted hereunder, and any of the foregoing so seized shall be held by the department pending disposition of environmental court proceedings, or the department prior to forfeiture, may direct the transfer of aquatic life, wildlife, or land plants so seized to a qualified ichthyological, zoological, botanical, educational, or scientific institution for safekeeping, costs thereof to be paid by the defendant. Upon conviction of the person or persons from whom the seizure was made, the environmental court shall declare the items seized forfeited to the State. Such items shall be destroyed or disposed of in any manner as the department may deem appropriate. [L 1975, c 65, pt of §1; am L 1983, c 111, §9; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-10 Severability.

§195D-10 Severability.
Should any section, subsection, sentence, clause, or phrase of this chapter, or any rule adopted pursuant thereto be for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or rule adopted pursuant thereto. [L 1975, c 65, pt of §1; am L 1983, c 111, §11]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-24 Confidentiality.

§195D-24 Confidentiality.
All information submitted to the board by a landowner pursuant to section 195D-21 or 195D-22, in the course of preparing a habitat conservation plan or safe harbor agreement for private lands, respectively, shall be kept confidential until notice of the proposed plan or agreement is published in the periodic bulletins of the office of planning and sustainable development. For habitat conservation plans or safe harbor agreements for private lands, the precise location of any threatened or endangered species may remain confidential. [L 1997, c 380, pt of §2; am L 2003, c 35, §6; am L 2021, c 152, §16 and c 153, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-26 Annual report; endangered species.

§195D-26 Annual report; endangered species.
The department, after consultation with the endangered species recovery committee, by December 31 of each year, shall prepare a report summarizing:
(1) The status of all endangered, threatened, proposed, and candidate species for which incidental take licenses pursuant to sections 195D-4 and 195D-22 have been issued and the effectiveness of all habitat conservation plans and safe harbor agreements that have been approved;
(2) The condition of the trust fund established under this chapter, including receipts and expenditures over the previous fiscal year; and
(3) Any recommendations to further the purposes of this chapter.
The report and all information pertaining to incidental take licenses shall be available to the public. [L 1997, c 380, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-28 Relation of chapter to other laws.

§195D-28 Relation of chapter to other laws.
The rights and remedies in this chapter shall be cumulative and in addition to any and all rights and remedies that may exist under applicable state and federal laws. [L 1997, c 380, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-29 Release or establishment of endangered or threatened species outside its current range.

§195D-29 Release or establishment of endangered or threatened species outside its current range.
The department may authorize the release or establishment of any population, including eggs, propagules, or individuals, of an endangered or threatened species outside its current or historic range, after consulting with the endangered species recovery committee, if the release or establishment is likely to further the conservation of the species. [L 1997, c 380, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-30 Net gain in recovery of species.

§195D-30
Net gain in recovery of species.
All habitat conservation plans, safe harbor agreements, incidental take licenses, and subsequent actions authorized under those plans, agreements, and licenses shall be designed to result in an overall net gain in the recovery of Hawaii's threatened and endangered species. [L 1997, c 380, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-31 Trust fund.

§195D-31 Trust fund.
(a) There is established within the state treasury a trust fund to be known as the endangered species trust fund to be administered by the department to implement the purposes of this chapter.
The fund shall consist of moneys from the following sources:
(1) Moneys accrued from the sale of retail items officially sponsored by the department for the fund;
(2) Private contributions for the management and recovery of Hawaii's unique plants and animals;
(3) Fees and assessments charged for the use of public land and waters and designated for the fund;
(4) Penalties, fines, or auctions resulting from enforcement violations;
(5) Legislative appropriations; and
(6) Moneys deposited to implement the obligations of a habitat conservation plan, as security for habitat conservation plan funding, or technical assistance program fees and payment for costs incurred for use of the technical assistance program as set forth in section 195D-23(d).
(b) The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury; provided that moneys received as deposits or contributions from private sources shall be deposited and accounted for in accordance with the conditions established by the agencies or persons making the contribution. Earnings on the investment of the assets of the fund shall become a part of the fund. Any balance in the fund at the end of a fiscal year shall be carried forward to the next fiscal year. [L 1997, c 380, pt of §2; am L 2004, c 144, §3; am L 2011, c 147, §4; am L 2019, c 93, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195D. Conservation of Aquatic Life, Wildlife, and Land Plants › 195D-32 Citizen suits.

§195D-32 Citizen suits.
(a) Except as provided in subsection (b), any person, acting as a private attorney general, may commence a civil suit on the person's behalf:
(1) Against any state or county agency or instrumentality that is alleged to be in violation of the terms of, or [fails] to fulfill the obligations imposed and agreed to under any habitat conservation plan or safe harbor agreement and accompanying license for public lands as authorized under sections 195D-21 and 195D-22; or
(2) Against the department or board, where there is alleged a failure of the department or board to perform any act or duty required under a habitat conservation plan or safe harbor agreement and accompanying license issued for public lands.
(b) The circuit environmental courts shall have jurisdiction to enforce this section or to order the department or board to perform any act or duty required under this section, provided that:
(1) No action may be commenced under subsection (a)(1) less than sixty days after written notice of the alleged violation has been given to the department, and to the state or county agency or instrumentality alleged to be in violation of this section, except that the action may be brought immediately after the notification in the case of an emergency posing a significant risk to the well-being of any species of fish, wildlife, or plant; and
(2) No action may be commenced under subsection (a)(2) less than sixty days after written notice of the alleged violation has been given to the department, except that the action may be brought immediately after the notification in the case of an emergency posing a significant risk to the well-being of any species of fish or wildlife, or plant.
(c) Any suit brought pursuant to this section may be brought in the judicial circuit where the alleged violation occurred or is occurring. In any suit brought pursuant to this section, where the State is not a party, the attorney general, at the request of the department, may intervene on behalf of the State as a matter of right.
(d) The injunctive relief provided by this section shall not restrict any right that any person or class of persons may have under any other law, including common law, to seek enforcement of any standard or limitation or to seek any other relief, including relief against any instrumentality or agency of the State. [L 2003, c 35, §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195F. Forest Stewardship › 195F-1 Findings and purpose.

§195F-1 Findings and purpose.
The legislature finds that:
(1) Much of the forest land in Hawaii is privately owned and managed;
(2) The capacity to protect important watersheds and native Hawaiian plants and animals and to produce renewable forest resources is significantly dependent on these privately managed forest and formerly forested lands;
(3) The factors essential to the quality of life in Hawaii, including our water and air quality, mild climate, and habitat available for plants and animals unique to these islands, can be maintained and improved through good stewardship of privately managed forest lands;
(4) To accomplish these purposes, the present system of state and federal financial and technical assistance programs needs to be expanded to promote the long-term management of additional privately managed forest and formerly forested lands throughout the State; and
(5) A forest stewardship program should be established to supplement the natural area reserves system's programs under chapter 195 by encouraging landowners of privately managed forest and formerly forested lands that cannot qualify as potential natural area reserves to make long-term commitments to protect, maintain, and restore important watersheds, forest resources, forest products, fish and wildlife habitats, isolated populations of rare and endangered plants, native vegetation, and other lands that provide significant public benefits.
The purpose of this chapter is to establish a program to financially assist landowners in managing, protecting, and restoring important natural resources in Hawaii's forested and formerly forested lands. [L 1991, c 327, pt of §2; am L 2021, c 221, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195F. Forest Stewardship › 195F-2 Definitions.

§195F-2 Definitions.
As used in this chapter:
"Board" means the board of land and natural resources.
"Department" means the department of land and natural resources.
"Fund" means the forest stewardship fund as established by section 195F-4.
"Landowner" means any person having an interest in or holding any encumbrance upon land in the State, including any person having a lease interest in the real property with an unexpired term of ten or more years.
"Native vegetation" means a diverse vegetation consisting mostly of plants endemic or indigenous to Hawaii.
"Potential natural area reserve" means land or water areas within the protective subzone of the conservation district established pursuant to chapter 183C, intact native natural communities identified by the heritage program under chapter 195, and other lands or waters meeting criteria established by the natural area reserves system commission.
"Program" means the forest stewardship program established in section 195F-3.
"Program implementation agreement" means a written forest stewardship management contract between the board and program applicant. [L 1991, c 327, pt of §2; am L 1995, c 11, §9 and c 69, §7; am L 2021, c 221, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195F. Forest Stewardship › 195F-3 Establishment of the forest stewardship program.

§195F-3 Establishment of the forest stewardship program.
(a) There is established a forest stewardship program to be administered by the board to assist landowners of privately managed forest lands to manage, protect, and restore important watersheds, native vegetation, forest resources, forest products, fish and wildlife habitats, isolated populations of rare and endangered plants, and other lands that are not recognized as potential natural area reserves.
(b) The program shall reimburse landowners for a portion of the landowners' total costs in developing and implementing approved forest stewardship management plans pursuant to this chapter.
(c) The program shall assist in the forest stewardship of public lands and in developing education and training programs for sustainable forestry pursuant to section 195F-4(a)(2). [L 1991, c 327, pt of §2; am L 1999, c 144, §3; am L 2021, c 221, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195F. Forest Stewardship › 195F-4 Forest stewardship fund.

§195F-4 Forest stewardship fund.
(a) There is established a special fund within the state treasury known as the forest stewardship fund which shall be used as follows:
(1) Payments shall be made by the board pursuant to agreements entered into with qualified landowners to further the purposes of this chapter; and
(2) Moneys collected from:
(A) The harvest of non-native forest products from forest reserves;
(B) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves;
(C) The sale of forest products found dead and lying on the ground;
(D) The sale of tree seedlings from state nurseries;
(E) The sale of any other products or services, or anything of value derived from forest reserves not described above; or
(F) The imposition of fines or penalties for violations of this chapter and chapters 183 and 185 or any rule adopted thereunder;
shall be used for: (i) replanting, managing, and maintaining designated timber management areas; (ii) enhancing the management of public forest reserves with an emphasis on restoring degraded koa forests; and (iii) developing environmental education and training programs pertaining to sustainable forestry; provided that the activities described in clauses (ii) and (iii) may not be funded unless the activities described in approved management plans pertaining to clause (i) are adequately funded.
(b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury; provided that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received.
Investment earnings credited to the fund shall become a part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. [L 1991, c 327, pt of §2; am L 1999, c 144, §4; am L 2001, c 152, §1; am L 2006, c 174, §5; am L 2007, c 9, §9; am L 2015, c 84, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195F. Forest Stewardship › 195F-5 Forest stewardship management plans; approved activities.

§195F-5 Forest stewardship management plans; approved activities.
(a) To participate in the forest stewardship program, the applicant landowner shall prepare and submit a forest stewardship management plan that shall:
(1) Identify and describe the activities to be undertaken by the landowner to protect soil, water, aesthetic quality, recreation, forest resources, forest products, water, fish, wildlife, and native plant resources on the land in a manner that is compatible with the objectives of the program, is consistent with this chapter, and qualifies under the board's list of approved activities;
(2) Be signed by all parties having an interest in or holding any encumbrance upon the property, and shall state that the parties agree to comply with the plan upon its approval; and
(3) Be approved by the board and available for public review.
(b) The board and other cooperating natural resource management agencies shall develop a list of approved management activities and practices that shall be eligible for cost-share assistance under the program in the following areas:
(1) Enhanced management and maintenance of vegetation on vital watershed lands;
(2) Sustainable growth and management of forests for forest resources and forest products;
(3) Management for non-native forest products; provided that the land was not previously cleared of native vegetation for the purpose of non-native forest production;
(4) Protection, restoration, and enhancement of native plants and animals;
(5) Management, maintenance, and restoration of forests for shelterbelts, windbreaks, aesthetic quality, and other conservation purposes;
(6) Agroforestry management;
(7) Management and maintenance of native fish and wildlife habitats;
(8) Management of outdoor recreational opportunities; and
(9) Other activities approved by the board, which are consistent with this chapter.
(c) The board shall encourage the use of private agencies, consultants, organizations, and firms to the extent feasible for the preparation of individual forest stewardship management plans and implementation of approved activities. [L 1991, c 327, pt of §2; am L 2021, c 221, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195F. Forest Stewardship › 195F-7 Penalty payback provisions.

§195F-7 Penalty payback provisions.
The board shall establish and implement a penalty payback provision to be applied in the event that a landowner terminates any approved practice required under the forest stewardship management plan, as agreed to by the board and the landowner. [L 1991, c 327, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-1.5 Priority permitting process for renewable energy projects.

§196-1.5 Priority permitting process for renewable energy projects.
All agencies shall provide priority handling and processing for all state permits required for renewable energy projects.
For purposes of this section, "agencies" means any executive department, independent commission, board, bureau, office, or other establishment of the State, or any quasi-public institution that is supported in whole or in part by state funds. [L 2007, c 205, §3]
Cross References
For similar provisions, see § §46-19.4 and 226-18(c)(10).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-5 Gas appliances with pilot light prohibited; exemptions.

§196-5 Gas appliances with pilot light prohibited; exemptions.
(a) No new residential type gas appliance that is equipped with a pilot light shall be sold or installed in the State after June 30, 1980. Gas appliances sold after June 30, 1980, shall be equipped with an intermittent ignition system or other ignition devices in lieu of gas pilot lights.
(b) Beginning ninety days after May 30, 1978, the chief energy officer of the Hawaii state energy office or its successor entity shall notify, in writing, all retail sellers of gas appliances doing business in the State of the provisions of this section.
(c) The provisions of this section shall not apply to any hot water heaters with pilot lights or to any gas appliance which can be conclusively demonstrated by the equipment manufacturer, to the satisfaction of the chief energy officer of the Hawaii state energy office or its successor entity, that the gas pilot device in the appliance:
(1) Has a substantial lower life cycle cost than an electric ignition or other alternate ignition system;
(2) Is more energy efficient than available alternatives; or
(3) Is necessary to safeguard public health and safety.
(d) The provisions of this section shall not apply to people living in areas that are served with unreliable electric service or where it is not available.
(e) As used in this section:
(1) "Gas appliance" includes any new residential type heater, refrigerator, stove, range, dishwasher, dryer, air conditioner, decorative fireplace, or other similar devices;
(2) "Intermittent ignition device" means an ignition device which is activated only when the gas appliance is in operation; and
(3) "Pilot light" means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to normal operation. [L 1978, c 137, §2; am L 2019, c 122, §3]
Revision Note
"May 30, 1978" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-6 Energy efficient storage hot water heaters.

§196-6 Energy efficient storage hot water heaters.
(a) No new storage hot water heater which is not certified as meeting the energy efficiency standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., as set forth as the current ASHRAE 90 Standard, shall be sold or installed in the State after June 1, 1985; provided, however, that nothing contained herein shall prevent sales from being made in the State for use outside the State.
(b) Any violation of subsection (a) shall be a misdemeanor; provided a fine of not less than $50 nor more than $500 shall be imposed, and all fines shall be imposed consecutively. Each storage hot water heater sold in violation of this section shall constitute a separate offense. [L 1984, c 124, §1; am L 2009, c 153, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-6.5 Solar water heater system required for new single-family residential construction.

§196-6.5 Solar water heater system required for new single-family residential construction.
(a) On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established pursuant to section 269-44, unless the chief energy officer of the Hawaii state energy office approves a variance. A variance application shall only be accepted if submitted by an architect or mechanical engineer licensed under chapter 464, who attests that:
(1) Installation is impracticable due to poor solar resource;
(2) Installation is cost-prohibitive based upon a life cycle cost-benefit analysis that incorporates the average residential utility bill and the cost of the new solar water heater system with a life cycle that does not exceed fifteen years;
(3) A renewable energy technology system, as defined in section 235-12.5, is substituted for use as the primary energy source for heating water; or
(4) A demand water heater device approved by Underwriters Laboratories, Inc., is installed; provided that at least one other gas appliance is installed in the dwelling. For the purposes of this paragraph, "demand water heater" means a gas-tankless instantaneous water heater that provides hot water only as it is needed.
(b) A request for a variance shall be submitted to the chief energy officer of the Hawaii state energy office on an application prescribed by the chief energy officer of the Hawaii state energy office and shall include a description of the location of the property and justification for the approval of a variance using the criteria established in subsection (a). A variance shall be deemed approved if not denied within thirty working days after receipt of the variance application. The chief energy officer of the Hawaii state energy office shall publicize:
(1) All applications for a variance within seven days after receipt of the variance application; and
(2) The disposition of all applications for a variance within seven days of the determination of the variance application.
(c) The director of business, economic development, and tourism may adopt rules pursuant to chapter 91 to impose and collect fees to cover the costs of administering variances under this section. The fees, if any, shall be deposited into the energy security special fund established under section 201-12.8.
(d) Nothing in this section shall preclude any county from establishing procedures and standards required to implement this section.
(e) Nothing in this section shall preclude participation in any utility demand-side management program or public benefits fee program under part VII of chapter 269. [L 2008, c 204, §2; am L 2009, c 155, §14; am L 2010, c 175, §1; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-8.5 Placement of clotheslines. (a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a clothesline on any single-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable. (b) Every private entity may adopt rules that reasonably restrict the placement and use of clotheslines for the purpose of drying clothes on the premises of any single-family residential dwelling or townhouse; provided that those restrictions do not prohibit the use of clotheslines altogether. No private entity shall assess or charge any homeowner any fees for the placement of any clothesline. (c) For the purposes of this section: "Clothesline" means a rope, cord, wire, or similar device on which laundry is hung to dry. "Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which the homeowner's compliance is required. [L 2009, c 192, §2]

§196-8.5
Placement of clotheslines.
(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a clothesline on any single-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.
(b) Every private entity may adopt rules that reasonably restrict the placement and use of clotheslines for the purpose of drying clothes on the premises of any single-family residential dwelling or townhouse; provided that those restrictions do not prohibit the use of clotheslines altogether. No private entity shall assess or charge any homeowner any fees for the placement of any clothesline.
(c) For the purposes of this section:
"Clothesline" means a rope, cord, wire, or similar device on which laundry is hung to dry.
"Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which the homeowner's compliance is required. [L 2009, c 192, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-10 Hawaii renewable hydrogen program.

§196-10 Hawaii renewable hydrogen program.
There is established, within the department of business, economic development, and tourism, a Hawaii renewable hydrogen program to manage the State's transition to a renewable hydrogen economy. The program shall design, implement, and administer activities that include:
(1) Strategic partnerships for the research, development, testing, and deployment of renewable hydrogen technologies;
(2) Engineering and economic evaluations of Hawaii's potential for renewable hydrogen use and near-term project opportunities for the State's renewable energy resources;
(3) Electric grid reliability and security projects that will enable the integration of a substantial increase of electricity from renewable energy resources on the island of Hawaii;
(4) Hydrogen demonstration projects, including infrastructure for the production, storage, and refueling of hydrogen vehicles;
(5) A statewide hydrogen economy public education and outreach plan focusing on the island of Hawaii, to be developed in coordination with Hawaii's public education institutions;
(6) Promotion of Hawaii's renewable hydrogen resources to potential partners and investors;
(7) A plan, for implementation during the years 2007 to 2010, to more fully deploy hydrogen technologies and infrastructure capable of supporting the island of Hawaii's energy needs, including:
(A) Expanded installation of hydrogen production facilities;
(B) Development of integrated energy systems, including hydrogen vehicles;
(C) Construction of additional hydrogen refueling stations; and
(D) Promotion of building design and construction that fully incorporates clean energy assets, including reliance on hydrogen-fueled energy generation;
(8) A plan, for implementation during the years 2010 to 2020, to transition the island of Hawaii to a hydrogen-fueled economy and to extend the application of the plan throughout the State; and
(9) Evaluation of policy recommendations to:
(A) Encourage the adoption of hydrogen-fueled vehicles;
(B) Continually fund the hydrogen investment capital special fund; and
(C) Support investment in hydrogen infrastructure, including production, storage, and dispensing facilities. [L 2006, c 240, §6]
Cross References
Hydrogen investment special fund, see §206M-63.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-10.5 Hawaii clean energy initiative program.

§196-10.5 Hawaii clean energy initiative program.
(a) There is established within the department of business, economic development, and tourism, a Hawaii clean energy initiative program to manage the State's transition to a clean energy economy. The clean energy program shall design, implement, and administer activities that include:
(1) Strategic partnerships for the research, development, testing, deployment, and permitting of clean and renewable technologies;
(2) Engineering and economic evaluations of Hawaii's potential for near-term project opportunities for the State's renewable energy resources;
(3) Electric grid reliability and security projects that will enable the integration of a substantial increase of electricity from renewable-energy resources;
(4) A statewide clean energy public education and outreach plan to be developed in coordination with Hawaii's institutions of public education;
(5) Promotion of Hawaii's clean and renewable resources to potential partners and investors;
(6) A plan, to be implemented from 2011 to 2030, to transition the State to a clean energy economy; and
(7) A plan, to be implemented from 2011 to 2030, to assist each county in transitioning to a clean energy economy.
(b) Prior to the initiation of any activities authorized under subsection (a), the department of business, economic development, and tourism shall develop a plan of action with the intent of promoting effective prioritization and focusing of efforts consistent with the State's energy programs and objectives.
(c) The department of business, economic development, and tourism shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on the status and progress of new and existing clean energy initiatives. The report shall also include:
(1) The spending plan of the Hawaii clean energy initiative program;
(2) All expenditures of energy security special fund moneys; and
(3) The targeted markets of the expenditures, including reasons for selecting those markets, the persons to be served, specific objectives of the program, and program expenditures, including measurable outcomes. [L 2010, c 73, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-19 Life-cycle cost analysis.

§196-19 Life-cycle cost analysis.
Agencies shall use life-cycle cost analysis in making decisions about their investments in products, services, construction, and other projects to lower the State's costs and to reduce energy and water consumption. Where appropriate, agencies shall consider the life-cycle costs of combinations of projects, particularly to encourage bundling of energy efficiency projects with renewable energy projects.
Agencies shall retire inefficient equipment on an accelerated basis where replacement results in lower life-cycle costs. Agencies that minimize life-cycle costs with efficiency measures shall be recognized in their scorecard evaluations established under section 196-17(a). [L 2002, c 77, pt of §9]
Note
Section 196-17(a) referred to in text is repealed.