HOUSE OF REPRESENTATIVES

H.B. NO.

789

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to aquatic habitats.

 

 

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

 


     SECTION 1.  The legislature finds that in lieu-fee mitigation is an effective mechanism to restore, create, enhance, or preserve aquatic habitats or resources to recover the ecological functions, services, and values of aquatic resources lost by adverse impacts to other similar aquatic habitats.  In-lieu fee mitigation is widely used across the United States to achieve ecologically valuable conservation.

     The purpose of this Act is to:

     (1)  Authorize the department of land and natural resources to use aquatic in-lieu fee mitigation to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation where a person is required to provide compensatory mitigation prospectively and the use of in-lieu fee mitigation is approved by the agency requiring mitigation, or for past damages to aquatic habitats or resources; and

     (2)  Establish an aquatic mitigation banking special fund and aquatic in lieu-fee mitigation special fund.

     SECTION 2.  Chapter 187A, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

     "§187A-A  Aquatic mitigation banking special fund; established.  (a)  There is established in the state treasury the aquatic mitigation banking special fund, which shall be administered by the department.

     (b)  The following shall be deposited into the aquatic mitigation banking special fund:

     (1)  Moneys received from the sale of aquatic mitigation bank credits;

     (2)  Moneys collected or recovered from aquatic resource violations, including damages to aquatic resources, habitat restoration costs, penalties, fines, fees, and administrative costs;

     (3)  Appropriations by the legislature to the special fund;

     (4)  Grants, awards, donations, gifts, transfers, or moneys derived from public or private sources for the purposes of supporting aquatic mitigation banking; and

     (5)  Moneys obtained from interest or other earnings from investments of moneys set aside for carrying out the purposes of this part.

     (c)  Moneys in the aquatic mitigation banking special fund shall be used for the following purposes:

     (1)  Costs incurred in the selection, design, acquisition, implementation, and management of aquatic mitigation bank projects;

     (2)  Administrative costs, research, or scientific monitoring expenses of the department in carrying out aquatic mitigation banking; and

     (3)  Payroll for personnel of the department or the awarding of grants-in-aid to or contracts with the university of Hawaii or other qualified organizations or individuals to develop or implement the program and activities for aquatic mitigation banking.

     (d)  The proceeds of the aquatic mitigation banking special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness.

     §187A-B  Aquatic in-lieu fee mitigation special fund; established.  (a)  There is established in the state treasury the aquatic in-lieu fee mitigation special fund, which shall be administered by the department.

     (b)  The following shall be deposited into the aquatic in-lieu fee mitigation special fund:

     (1)  Moneys received from persons using aquatic in-lieu fee mitigation;

     (2)  Moneys collected or recovered from aquatic resource violations, including damages to aquatic resources, habitat restoration costs, penalties, fines, fees, and administrative costs;

     (3)  Appropriations by the legislature to the special fund;

     (4)  Grants, awards, donations, gifts, transfers, or moneys derived from public or private sources for the purposes of supporting aquatic in-lieu fee mitigation; and

     (5)  Moneys obtained from interest or other earnings from investments of moneys set aside for carrying out the purposes of this part.

     (c)  Moneys in the aquatic in-lieu fee mitigation special fund shall be used for the following purposes:

     (1)  Costs incurred in the selection, design, acquisition, implementation, and management of aquatic in-lieu fee mitigation projects;

     (2)  Administrative costs, research, or scientific monitoring expenses of the department in carrying out aquatic in-lieu fee mitigation; and

     (3)  Payroll for personnel of the department or the awarding of grants-in-aid to or contracts with the university of Hawaii or other qualified organizations or individuals to develop or implement the program and activities for aquatic in-lieu fee mitigation.

     (d)  The proceeds of the aquatic in-lieu fee mitigation special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness."

     SECTION 3.  Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

     (1)  Special out-of-school time instructional program fund under section 302A-1310;

     (2)  School cafeteria special funds of the department of education;

     (3)  Special funds of the University of Hawaii;

     (4)  State educational facilities improvement special fund;

     (5)  Convention center enterprise special fund under section 201B-8;

     (6)  Special funds established by section 206E-6;

     (7)  Aloha Tower fund created by section 206J-17;

     (8)  Funds of the employees' retirement system created by section 88-109;

     (9)  Hawaii hurricane relief fund established under chapter 431P;

    (10)  Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

    (11)  Tourism special fund established under section 201B-11;

    (12)  Universal service fund established under section 269-42;

    (13)  Emergency and budget reserve fund under section 328L-3;

    (14)  Public schools special fees and charges fund under section 302A-1130;

    (15)  Sport fish special fund under section 187A-9.5;

[[](16)[]]   Neurotrauma special fund under section 321H-4;

[[](17)[]]   Glass advance disposal fee established by section 342G-82;

[[](18)[]]   Center for nursing special fund under section 304A-2163;

[[](19)[]]   Passenger facility charge special fund established by section 261-5.5;

[[](20)[]]   Solicitation of funds for charitable purposes special fund established by section 467B-15;

[[](21)[]]   Land conservation fund established by section 173A-5;

[[](22)[]]   Court interpreting services revolving fund under section 607-1.5;

[[](23)[]]   Trauma system special fund under section 321-22.5;

[[](24)[]]   Hawaii cancer research special fund;

[[](25)[]]   Community health centers special fund;

[[](26)[]]   Emergency medical services special fund;

[[](27)[]]   Rental motor vehicle customer facility charge special fund established under section 261-5.6;

[[](28)[]]   Shared services technology special fund under section 27-43;

[[](29)[]]   Automated victim information and notification system special fund established under section 353-136;

[[](30)[]]   Deposit beverage container deposit special fund under section 342G-104;

[[](31)[]]   Hospital sustainability program special fund under [[]section 346G-4[]];

[[](32)[]]   Nursing facility sustainability program special fund under [[]section 346F-4[]];

[[](33)[]]   Hawaii 3R's school improvement fund under section 302A-1502.4;

[[](34)[]]   After-school plus program revolving fund under section 302A-1149.5; [and]

[[](35)[]]   Civil monetary penalty special fund under section 321-30.2[,];

    (36)  Aquatic mitigation banking special fund under section 187A-A; and

    (37)  Aquatic in-lieu fee mitigation special fund under section 187A-B,

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State.  All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers.  To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund.  No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

     SECTION 4.  Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Each special fund, except the:

     (1)  Special out-of-school time instructional program fund under section 302A-1310;

     (2)  School cafeteria special funds of the department of education;

     (3)  Special funds of the University of Hawaii;

     (4)  State educational facilities improvement special fund;

     (5)  Special funds established by section 206E-6;

     (6)  Aloha Tower fund created by section 206J-17;

     (7)  Funds of the employees' retirement system created by section 88-109;

     (8)  Hawaii hurricane relief fund established under chapter 431P;

     (9)  Convention center enterprise special fund established under section 201B-8;

    (10)  Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

    (11)  Tourism special fund established under section 201B-11;

    (12)  Universal service fund established under section 269-42;

    (13)  Emergency and budget reserve fund under section 328L-3;

    (14)  Public schools special fees and charges fund under section 302A-1130;

    (15)  Sport fish special fund under section 187A-9.5;

[[](16)[]]   Neurotrauma special fund under section 321H-4;

[[](17)[]]   Center for nursing special fund under section 304A-2163;

[[](18)[]]   Passenger facility charge special fund established by section 261-5.5;

[[](19)[]]   Court interpreting services revolving fund under section 607-1.5;

[[](20)[]]   Trauma system special fund under section 321-22.5;

[[](21)[]]   Hawaii cancer research special fund;

[[](22)[]]   Community health centers special fund;

[[](23)[]]   Emergency medical services special fund;

[[](24)[]]   Rental motor vehicle customer facility charge special fund established under section 261-5.6;

[[](25)[]]   Shared services technology special fund under section 27-43;

[[](26)[]]   Nursing facility sustainability program special fund established pursuant to [[]section 346F-4[]];

[[](27)[]]   Automated victim information and notification system special fund established under section 353-136;

[[](28)[]]   Hospital sustainability program special fund under [[]section 346G-4[]]; [and]

[[](29)[]]   Civil monetary penalty special fund under section 321-30.2[,];

    (30)  Aquatic mitigation banking special fund under section 187A-A; and

    (31)  Aquatic in-lieu fee mitigation special fund under section 187A-B,

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

     SECTION 5.  Chapter 187A, part IV, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"[[]PART IV.[]]  AQUATIC MITIGATION [BANKS] BANKING AND AQUATIC IN-LIEU FEE MITIGATION"

     SECTION 6.  Section 187A-41, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§187A-41[]]  Aquatic mitigation banking[.] and aquatic in-lieu fee mitigation.  The department is authorized to establish and operate aquatic mitigation banks[,] and aquatic in-lieu fee mitigation, the purpose of which shall be to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation where a person is required to provide compensatory mitigation prospectively and the use of banked mitigation or aquatic in-lieu fee mitigation is approved by the agency requiring mitigation, or for past damages to aquatic habitats or resources."

     SECTION 7.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Aquatic Mitigation Banking; Aquatic In-Lieu Fee Mitigation

 

Description:

Authorizes the Department of Land and Natural Resources to use in-lieu fee mitigation to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation.  Establishes an aquatic mitigation bank special fund and aquatic in-lieu fee mitigation special fund.

 

 

 

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