THE SENATE

S.B. NO.

949

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to conservation.

 

 

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

 


     SECTION 1.  The legislature finds that human activities have contributed to the fragility of local habitats, leading to a current crisis in the survival of Hawaiian plants and animals and impacting public and private land use.  Chapter 195D, Hawaii Revised Statutes, provides that the intended purpose of all habitat conservation plans, safe harbor agreements, incidental take licenses, and subsequent actions is to promote recovery of Hawaii's threatened and endangered species.

     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.

     SECTION 2.  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 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for one full-time equivalent (1.0 FTE) 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 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.

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

     SECTION 3.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

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Report Title:

Habitat Conservation Plans; Department of Land and Natural Resources; Staff Position; Appropriation

 

Description:

Appropriates funds for 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 effectively track and monitor funds and expenditures related to habitat conservation plans and perform other tasks to benefit the recovery of threatened and endangered species.

 

 

 

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