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THE SENATE |
S.B. NO. |
3162 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONSERVATION MITIGATION PROGRAMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to authorize the department of land and natural resources to operate and approve conservation bank and conservation in-lieu fee mitigation programs where a person or entity is required to provide compensatory mitigation as part of an approved habitat conservation plan and incidental take license for (1) unavoidable impacts to threatened, endangered, candidate, or proposed species; (2) prospectively for damages to threatened, endangered, candidate, proposed, or indigenous species and their habitat; and (3) for past damages to threatened, endangered, candidate, proposed, or indigenous species and their habitat.
SECTION 2. Chapter 195D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART .
CONSERVATION BANK AND CONSERVATION IN-LIEU FEE
MITIGATION PROGRAMS
§195D- Definitions. As used in this part:
"Compensatory
mitigation" means actions taken to fulfill, in whole or in part,
mitigation requirements under state or federal law or a court mandate.
"Conservation
bank" means a type of compensatory mitigation where a site or sites
established under a site protection instrument is conserved and managed to
provide ecological functions and services expressed as credits for threatened,
endangered, candidate, proposed, or indigenous species. A conservation bank shall be established and
operated under a conservation bank instrument.
"Conservation
bank instrument" means an agreement establishing the conservation bank and
describing the terms and conditions of operation.
"Credit"
means a value based on defined units representing the accrual or attainment of
ecological functions or services at the conservation bank and released as the
conservation bank meets performance criteria.
"Conservation
in-lieu fee mitigation program" means a type of compensatory mitigation
where an incidental take licensee or person or entity required to provide
mitigation, pays a fee to the department or nonprofit approved sponsor to
satisfy mitigation requirements in an approved habitat conservation plan. The fee charged by a sponsor represents the
expected cost of either increasing the likelihood that a threatened or endangered
species will survive and recover as a result of the incidental take licensee's
project, or enhancing the conservation of candidate, proposed, or indigenous
species and their habitats.
"Site
protection instrument" means an interest in real property that protects a
conservation bank or conservation in-lieu fee mitigation site in perpetuity,
such as a conservation easement, deed restriction, condition, or covenant.
"Sponsor"
means a qualified person or entity responsible for establishing or operating a
conservation bank or conservation in-lieu fee mitigation.
§195D- Conservation banking and conservation in-lieu
fee mitigation programs.
(a) The department may require a
person or entity complete compensatory mitigation to offset environmental loss
caused by prospective or past damages to threatened, endangered,
candidate, proposed, or indigenous species and their habitat.
(b) The department may operate or approve
conservation bank and conservation in-lieu fee mitigation programs for the
purpose of restoring, creating, enhancing, preserving, or any combination
thereof threatened, endangered, candidate, proposed, or indigenous species and
their habitats where a person or entity is required to provide compensatory
mitigation either:
(1) For prospective damages to threatened,
endangered, candidate, proposed, or indigenous species
and their habitats where the use of conservation banking or conservation
in-lieu fee mitigation is approved by the agency requiring mitigation;
(2) For past damages to threatened,
endangered, candidate, proposed, or indigenous species
and their habitats where the use of conservation banking or conservation
in-lieu fee mitigation is approved by the agency requiring mitigation; or
(3) As off-site mitigation to offset adverse
impacts to a threatened, endangered, candidate, or proposed species as part of
an approved habitat conservation plan and incidental take license.
(b) Conservation banks shall be established under
a conservation bank instrument on public or private lands, protected in
perpetuity under a site protection instrument, and approved by the board.
(c) Conservation in-lieu fee mitigation programs
shall be established and operated under a legal contract, protected in
perpetuity under a site protection instrument, and approved by the board.
(d) Sponsors may sell or transfer credits to
persons required to provide compensatory mitigation as provided in subsections
(a) and (b).
(e) The department may collect fees or payment
for costs incurred including, but not limited to, costs incurred by the
department during its rulemaking process; and during the approval,
establishment, monitoring, and oversight of conservation bank and conservation
in-lieu fee mitigation programs.
(f) The department shall work cooperatively with
federal agencies in concurrently processing mitigation requirements pursuant to
federal law.
(g) Provisions in this section shall not apply to
aquatic species and their habitat.
§195D- Conservation bank and conservation in-lieu
fee mitigation programs; rules. The
department may adopt rules pursuant to chapter 91 necessary for the purpose of
this part."
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Conservation Banks; Conservation In-Lieu Fee Mitigation
Description:
Authorizes the Department of Land and Natural Resources to operate and approve conservation bank and conservation in-lieu fee mitigation programs.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.