HB 318: RELATING TO CONSERVATION BANKING.

A BILL FOR AN ACT

relating to conservation banking.

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

     SECTION 1.  The legislature finds that the use of conservation banks as compensatory mitigation projects for incidental take licensees with habitat conservation plans increases certainty that the mitigation obligation is complete, expedites project review, and makes project costs more predictable for incidental take licensees.  Conservation banks provide long-term, landscape-scale protection to Hawaii's threatened, endangered, candidate, and proposed species.

     The purpose of this Act is to authorize the department of land and natural resources to operate and approve conservation banks to provide for situations where a person or entity is required to provide compensatory mitigation to offset adverse impacts to threatened, endangered, candidate, or proposed species as part of an approved incidental take license and habitat conservation plan.

     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 BANKING

     §195D-    Definitions.  As used in this part:

     "Bank sponsor" means any public or private entity responsible for establishing or operating a conservation bank.

     "Compensatory mitigation" means actions taken to fulfill, in whole or in part, mitigation requirements pursuant to this chapter.

     "Conservation bank" means a site or suite of sites established under a conservation bank instrument for the purposes of restoring, creating, enhancing, or protecting populations of threatened, endangered, candidate, or proposed species and their habitats expressed as credits.

     "Conservation bank instrument" means an agreement between the board and a bank sponsor that establishes a conservation bank and describes the terms and conditions of its operation, including a system for assessing and releasing credits to be used for compensatory mitigation.

     "Credit" means a value based on defined units representing the increase in numbers of individuals of a listed species or attainment of enhanced ecological functions or services essential for the survival of a listed species at a conservation bank and released as the conservation bank meets performance criteria included in its conservation bank instrument.

     §195D-     Conservation banking.  The department or other bank sponsor may seek board approval of a conservation bank instrument to operate a conservation bank for the purposes of restoring, creating, enhancing, or protecting populations of threatened, endangered, candidate, or proposed species and their habitats to provide for situations where a person or entity is required to provide compensatory mitigation to offset adverse impacts to threatened, endangered, candidate, or proposed species as part of an approved incidental take license and habitat conservation plan."

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DLNR; Conservation Banks

Description:

Authorizes the Department of Land and Natural Resources to operate and approve conservation banks.

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