SB2810 HD2

Report Title:

Safe Harbor Agreements

 

Description:

Clarifies the definition of landowner eligible for coverage under safe harbor agreements and habitat conservation plans to include public lands relating to 3 projects; clarifies that confidentiality protection is for private lands. (SB2810 HD2)

THE SENATE	S.B. NO.	2810
TWENTY-FIRST LEGISLATURE, 2002		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

 

RELATING TO THE DEFINITION OF LANDOWNER FOR SAFE HARBOR AGREEMENTS AND HABITAT CONSERVATION PLANS.

 

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

SECTION 1. Section 195D-2, Hawaii Revised Statutes, is amended by amending the definition of "landowner" to read as follows:

""Landowner" means the owner of the fee simple interest in private land[;] and may include public lands of the State limited to the following projects:

(1) North-South Road, Ewa, Oahu, project no. HWY-0-01-92 as described in the draft environmental assessment, September 1998, including those lands necessary to complete that part of the project described as Kapolei Parkway, Ewa, Oahu, project no. E-13 of the Oahu Regional Transportation Plan adopted by the Oahu metropolitan planning organization on April 6, 2001, with the unbuilt portion involving public lands running from the Kapolei Parkway Bridge to the Oahu Railway and Land Company railroad tracks near Puamaeole Street;

(2) Cyanotech Corporation, incidental take permit and habitat conservation plan as described in the Federal Register, January 2, 2002 (volume 67, number 1); and

(3) Kealakehe planned community proposed by the housing and community development corporation of Hawaii and the department of Hawaiian home lands on lands within tax map key numbers 7-4-8: parcel 17, 7-4-8: portion 12, 7-4-8: parcel 43, and 7-4-19: portion 43."

SECTION 2. Section 195D-24, Hawaii Revised Statutes, is amended to read as follows:

"[[]§195D-24[]] Confidentiality. All information submitted to the board by a landowner pursuant to section 195D-21 or 195D-22, in the course of preparing a habitat conservation plan or safe harbor agreement[,] for private lands, respectively, shall be kept confidential until notice of the proposed plan or agreement is published in the periodic bulletins of the office of environmental quality control. The precise location of any threatened or endangered species may remain confidential."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.