CONFERENCE COMMITTEE REP. NO. 90

Honolulu, Hawaii

                 , 2011

RE:    H.B. No. 1079

       H.D. 2

       S.D. 1

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1079, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FEES FOR HABITAT CONSERVATION PLANS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to protect Hawaii's threatened and endangered species by:

     (1)  Authorizing the Department of Land and Natural Resources (DLNR) to collect fees to cover the costs of their Habitat Conservation Technical Assistance Program, which assists landowners in the development, review, and monitoring of habitat conservation plans;

     (2)  Requiring DLNR to adopt rules for the establishment of the fees; and

     (3)  Providing for the fees to be deposited into the Endangered Species Trust Fund.

     After careful consideration, your Committee on Conference has amended this bill by:

     (1)  Allowing DLNR to collect fees and payment for costs incurred for use of the Habitat Conservation Technical Assistance Program in the development, review, or monitoring of a specific habitat conservation plan;

     (2)  Specifying that the fees will be charged at an hourly rate of $50;

     (3)  Specifying that the fees and payment for costs collected by DLNR must be deposited into the Endangered Species Trust Fund; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1079, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1079, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ DONOVAN M. DELA CRUZ, Chair	____________________________ JERRY L. CHANG, Co-Chair
____________________________ MALAMA SOLOMON, Co-Chair	____________________________ SHARON E. HAR, Co-Chair
____________________________ MICHELLE KIDANI, Co-Chair