STAND. COM. REP. NO. 499

Honolulu, Hawaii

, 2023

RE: H.B. No. 328

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 328 entitled:

"A BILL FOR AN ACT RELATING TO CONSERVATION MITIGATION BANKS,"

begs leave to report as follows:

The purpose of this measure is to protect Hawaii's environment and natural resources by authorizing the Department of Land and Natural Resources to establish and operate conservation mitigation banks to restore, create, enhance, or preserve conservation habitats or resources as compensatory mitigation where a person or entity is required to provide compensatory mitigation prospectively and the use of banked mitigation is approved by the agency requiring mitigation, or for past damages to conservation habitats or resources.

Your Committee received testimony in support of this measure from three individuals. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that conservation mitigation banks would serve as a mechanism to restore or replace natural resources and ecological functions of habitats either prospectively or after they have been damaged.

Your Committee notes that the Department of Land and Natural Resources suggested amending this measure to refer to "conservation banks" so as not to be confused with aquatic "mitigation banks" under sections 187A-41 and 187A-42, Hawaii Revised Statutes. However, given the title of the measure is "Relating to Conservation Mitigation Banks", your Committee retained the program name as originally drafted.

Your Committee has amended this measure by:

(1) Modifying the purpose, structure, and operations of the conservation mitigation banks;

(2) Changing its effective date to June 30, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 328, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 328, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

LINDA ICHIYAMA, Chair