Report Title:

Biological Diversity; Genetic Access; Commission

Description:

Creates temporary commission on biological diversity to assist in creating a regulatory framework to implement policies and make relevant recommendations to the legislature regarding access to genetic resources and biological diversity in Hawaii. Report to legislature. Appropriations. Repealed 6/30/2008.

HOUSE OF REPRESENTATIVES

H.B. NO.

3046

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to biological diversity.

 

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

SECTION 1. Findings. The legislature finds that Hawaii's biological diversity and biological resources are assets of the public land trust that are culturally, spiritually, medicinally, and otherwise significant to native Hawaiians and the general public. Further, Hawaii is experiencing a tremendous loss of biodiversity due to the conversion of natural habitat for development, environmental degradation, and non-sustainable consumptive practices while the State, because of it's trust obligation, is obligated to ensure the preservation, sustainable use, and equitable sharing of benefits of Hawaii's biological resources.

The purpose of this Act is to protect Hawaii's valuable biodiversity by developing a public policy to regulate bioprospecting, to define biodiversity within the public land trust, to ensure that the rights of indigenous knowledge holders are protected, and that benefits are shared fairly.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PROTECTION OF HAWAII'S BIOLOGICAL DIVERSITY

§   -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Biological diversity" means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species, and of ecosystems.

"Bioprospecting" means the collection, removal, or use of biological and genetic resources of any organism, mineral, or other organic substance found within the ceded land trust for scientific research or commercial development.

"Biotechnology" means any technological application that uses biological systems, living organisms, or their derivatives, to make or modify products or processes for specific use.

"Public Lands" has the same meaning as used in section 171-2, and includes, but is not limited to, biological diversity or organisms, microbe or microbial genomes, genes, genetic material, or similar terms together found on the lands that have been given the status of public lands;

"Sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

"Commission" means the temporary advisory commission on biological diversity established by this Act.

§   -2 Prior informed consent. Access to genetic resources or biological diversity from public lands shall be subject to the obtaining of prior informed consent:

(1) From the general public, through the public comment process on affected islands by the department of land and natural resources; and

(2) From native Hawaiians by the office of Hawaiian affairs.

The temporary advisory commission on biological diversity shall adopt rules in accordance with chapter 91 to implement this section.

§   -3 Equitable benefit sharing. There shall be a system of fair and equitable sharing of benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to those technologies. With regard to the system of equitable benefit sharing:

(1) The department of land and natural resources shall consult with the general public through public hearings; and

(2) The office of Hawaiian affairs shall consult with native Hawaiians.

The temporary advisory commission on biological diversity shall adopt rules in accordance with chapter 91 to implement this section.

§   -4 Temporary advisory commission on biological diversity. (a) There is established the temporary advisory commission on biological diversity, to be placed within the department of land and natural resources for administrative purposes only, to assist in the creation of a regulatory framework to implement policies and make relevant recommendations to the legislature regarding access to genetic resources and biological diversity. The commission shall be composed of ten members as follows:

(1) The chairperson of the board of trustees of the office of Hawaiian affairs or the chairperson's designee;

(2) The president of the University of Hawaii or the president's designee;

(3) The director of business, economic development, and tourism or the director's designee;

(4) The chairperson of the board of land and natural resources or the chairperson's designee;

(5) Five members representing native Hawaiians, residing in the State of Hawaii, who have a demonstrated background in traditional and customary use of biological or genetic resources, indigenous and traditional technologies, or scientific or legal procedures in connection with the protection or commercialization of biological and genetic resources and who shall be appointed by the governor from lists of nominees submitted by the president of the senate, the speaker of the house of representatives, and Hawaiian organizations; and

(6) A representative of the biotechnology industry whose principal place of business is in the State of Hawaii who shall be appointed by the governor from lists of nominees submitted by the president of the senate, the speaker of the house of representatives, and members of the biotechnology industry based in Hawaii.

The members shall elect from among themselves one person to serve as chairperson of the commission.

(b) The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) The commission shall submit an interim report of its findings and recommendations to the legislature and the governor no later than twenty days before the convening of the regular session of 2007. The commission shall submit a final report of its findings and recommendations to the legislature and the governor no later than twenty days before the convening of the regular session of 2008.

(d) The commission shall cease to exist on June 30, 2008."

SECTION 3. 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 2006-2007, to enable the temporary advisory commission on biological diversity to fulfill its mandate pursuant to this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. This Act shall take effect upon its approval and shall be repealed on June 30, 2008; except that section 3 shall take effect on July 1, 2006.

INTRODUCED BY:

_____________________________