THE SENATE	S.B. NO.	2866
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATED TO AQUATIC RESOURCES.

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

SECTION 1. The legislature finds that in-lieu fee mitigation is an effective mechanism to restore, create, enhance, and preserve aquatic habitats or resources to recover the ecological functions, services, and values of aquatic resources lost by adverse impacts to other similar aquatic habitats. In-lieu fee mitigation is widely used across the United States to achieve ecologically valuable conservation.

The purpose of this Act is to authorize the department of land and natural resources to use aquatic in-lieu fee mitigation to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation where a person is required to provide compensatory mitigation either: prospectively and the use of in-lieu fee mitigation is approved by the agency requiring mitigation; or for past damages to aquatic habitats or resources.

SECTION 2. Chapter 187A, part IV, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"[[]PART IV.[]] AQUATIC MITIGATION [BANKS] BANKING

AND AQUATIC IN-LIEU FEE MITIGATION"

SECTION 3. Section 187A-41, Hawaii Revised Statutes, is amended to read as follows:

"[[]§187A-41[]] Aquatic mitigation banking[.] and aquatic in-lieu fee mitigation. The department [is authorized to] may establish and operate aquatic mitigation banks[,] and aquatic in-lieu fee mitigation programs for the purpose of [which shall be to restore, create, enhance, or preserve] restoring, creating, enhancing, or preserving aquatic habitats or resources as compensatory mitigation where a person is required to provide compensatory mitigation either: prospectively and the use of banked mitigation or aquatic in-lieu fee mitigation is approved by the agency requiring mitigation[,]; or for past damages to aquatic habitats or resources."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 5. This Act shall take effect on July 1, 2050.

Report Title:

Department of Land and Natural Resources; Aquatic Mitigation Banking; Aquatic In-lieu Fee Mitigation

Description:

Authorizes the Department of Land and Natural Resources to use in-lieu fee mitigation to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation. Effective 7/1/2050. (SD1)

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