RELATING TO TRAIL ACCESSIBILITY.

SB415

THE SENATE

S.B. NO.

415

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to trail accessibility
.

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

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SECTION 1.
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The
legislature finds that individuals with disabilities face unique challenges
when seeking to access and enjoy public lands, state parks, and wilderness
areas.
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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.
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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".
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This initiative provides individuals with
mobility impairments access to state park trails previously deemed
inaccessible.
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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.
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Similarly, the
Mount Shasta trail association in California has implemented a series of
wheelchair-accessible wilderness trails.
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These include widened paths, specially designed viewpoints, and signage to
cater to a wider range of individuals with disabilities.
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These efforts have significantly increased
participation rates of individuals with disabilities in wilderness activities
and established a model for other states to emulate.

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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.
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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.
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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.

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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.

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Accordingly, the purpose of this Act is to:

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

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(2)
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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

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

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

"
Part .
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Accessible wilderness and state parks TRAILS
program

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

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"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.

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"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.

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

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

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

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

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

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(b)
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The department shall:

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

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

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

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

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(5)
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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.

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(c)
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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:

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(1)
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Program
activities and accomplishments;

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(2)
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Total
expenditures and funding sources; and

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

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

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(1)
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Procedures
for the use of adaptive equipment;

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(2)
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Scheduling
and reservations for accessible trails; and

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(3)
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Standards
for new or upgraded facilities.

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�198D-
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Accessible wilderness and state parks trails program
special fund; established.
�

(a)
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There is established in the
state treasury an accessible wilderness and state parks trails program special
fund into which shall be deposited:

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

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

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

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

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(c)
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Subject to legislative oversight, the moneys
in the special fund shall be expended for:

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

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

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(3)
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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."

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SECTION
3
.
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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.

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SECTION
4
.
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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.

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

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

INTRODUCED BY:

_____________________________

Report Title:

DLNR; Division
of State Parks; Accessible Wilderness and State Parks Trails Program;
Accessible Wilderness and State Parks Trails Program Special Fund; Trail
Accessibility; Americans with Disabilities Act; Reports; Appropriations

Description:

Establishes
the Accessible Wilderness and State Parks Trails Program within the Division of
State Parks of the Department of Land and Natural Resources.
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Establishes the Accessible Wilderness and
State Parks Trails Program Special Fund.
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Requires reports to the Legislature.
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Appropriates funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.