Bill Text: HI SB3050 | 2020 | Regular Session | Amended
Bill Title: Relating To Conservation.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2020-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB3050 Detail]
Download: Hawaii-2020-SB3050-Amended.html
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THE SENATE |
S.B. NO. |
3050 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONSERVATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that effective implementation of Hawaii's endangered species law, section 195D-4, Hawaii Revised Statutes, requires resources for adequate staffing. Currently, the department of land and natural resources division of forestry and wildlife has three administrative positions to manage statewide projects, plus additional staff supported by grants to produce standalone habitat conservation plans. The incidental take licenses currently issued or approved by the board of land and natural resources for these plans and agreements cover at least forty-five threatened or endangered species on five islands, and the department of land and natural resources is currently processing additional draft habitat conservation plans and consulting on other potential projects that will add at least fifteen more species. The State's initiative to reach one hundred per cent renewable energy by 2045 is another factor that will likely result in more requests for incidental take licenses.
The legislature finds that funding a state civil service position to draft rules that implement and clarify the intent of chapter 195D, Hawaii Revised Statutes, work with applicants for incidental take licenses to develop their projects to minimize and mitigate incidental take of threatened and endangered species to the maximum extent practicable, and track and monitor funds and expenditures related to each habitat conservation plan project would further improve the implementation of chapter 195D, Hawaii Revised Statutes. This would provide greater consistency in issuing incidental take licenses, conducting follow-up monitoring for development projects, and implementing and managing mitigation and other projects that are extremely beneficial for the recovery of Hawaii's threatened and endangered species.
The purpose of this Act is to establish a habitat conservation program manager position within the department of land and natural resources and appropriate funds for the initial establishment of the position.
SECTION 2. Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§195D- Habitat
conservation program manager. There is established within the department a
habitat conservation program manager position. The habitat conservation program manager shall
draft rules that implement and clarify the intent of this chapter,
work with applicants for incidental take licenses, as part of a habitat conservation
plan, to develop their projects to minimize and mitigate incidental take of
threatened and endangered species to the maximum extent practicable, effectively track and monitor funds and expenditures
related to habitat conservation plans, conduct follow-up monitoring for
development projects, and implement and manage mitigation and other projects
that benefit the recovery of threatened and endangered species."
SECTION 3. Section 195D-23, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The department [may] shall
establish a habitat conservation technical assistance program to assist
landowners in developing, reviewing, or monitoring habitat conservation plans
by providing technical assistance. The
department may collect fees and payment for costs incurred for use of the
technical assistance program in the development, review, or monitoring of a
specific habitat conservation plan. Fees
shall be charged at an hourly rate of $50.
The fees and payment for costs collected pursuant to this subsection
shall be deposited into the endangered species trust fund established under
section 195D-31."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for start-up costs for one full-time equivalent (1.0 FTE) state civil service position established pursuant to section 2 of this Act.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2020.
Report Title:
Department of Land and Natural Resources; Habitat Conservation Plans; Incidental Take Licenses; Staff Position; Appropriation
Description:
Establishes a habitat conservation program manager position. Requires the habitat conservation program manager to draft rules that implement and clarify the intent of chapter 195D, Hawaii Revised Statutes, work with applicants for incidental take licenses, as part of a habitat conservation plan, to develop their projects to minimize and mitigate incidental take of threatened and endangered species to the maximum extent practicable, effectively track and monitor funds and expenditures related to habitat conservation plans, conduct follow-up monitoring for development projects, and implement and manage mitigation and other projects that benefit the recovery of threatened and endangered species. Appropriates funds. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
