Bill Text: HI SB717 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 717 (Prior Session Legislation)

Introduced

Bill Title: Conservation and Mitigation Bank; Development; Environmental Mitigation

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB717 Detail]

Download: Hawaii-2014-SB717-Introduced.html

THE SENATE	S.B. NO.	717
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to environmental mitigation.

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

SECTION 1. Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§195D- Environmental mitigation. (a) The department shall establish an environmental mitigation program.

(b) Before January 1, 2015, the department shall adopt rules, pursuant to chapter 91, to allow landowners to establish banks within the State to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits. The rules shall include:

(1) Procedures and fees for establishing banks;

(2) Minimum size requirements for banks;

(3) Requirements and procedures for establishing and using credits; and

(4) Requirements and procedures for managing a bank in perpetuity as a wildlife preserve after all credits from that bank are sold.

(c) The rules adopted by the department pursuant to subsection (a) may exceed the bank establishment standards prescribed by federal law, including the United States Endangered Species Act (16 United States Code sections 1531-1544) and the Clean Water Act of 1972 (33 United States Code section 1251 et seq), as amended.

(d) For purposes of this section:

"Bank" means a conservation bank, mitigation bank, or conservation and mitigation bank.

"Conservation bank" means a publicly or privately owned and operated site on which an important habitat, including any habitat for threatened, endangered, or other special status species, exists, has been, or will be created.

"Mitigation bank" means any publicly or privately owned and operated site on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

Report Title:

Conservation and Mitigation Bank; Development; Environmental Mitigation

Description:

Requires DLNR to establish an environmental mitigation program and to enact rules to allow landowners within the State to establish conservation and mitigation banks for purposes of conserving habitat for fish, wildlife, and plants.

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