HawaiiHawaii law allows conservation banks to offset habitat harm
Hawaii law lets the Department of Land and Natural Resources operate conservation banks for certain habitat damage, with agency approval required for licensees to use banked mitigation.
What it does
The department may run conservation banks to restore or protect species, habitats, or resources. A licensee may use banked mitigation for an incidental take license only if the agency requiring it approves.
The department may hire an outside specialist to operate and manage its conservation banks.
The department may sell credits from listed-species conservation work to incidental take licensees, and may let outside administrators sell them. Each bank must be legally protected forever.
Argument forApproved bank credits could give some licensees a way to meet mitigation requirements while supporting sites managed for wildlife.
Argument againstLicensees may have limited access to banked mitigation because the agency requiring mitigation must approve its use.
More detail
Hawaii’s Department of Land and Natural Resources may establish and operate conservation mitigation banks. The banks may restore, create, improve, or preserve species, habitats, or resources to offset mitigation required by an incidental take license, or to address past damage to conservation habitats or resources. For an incidental take license, the agency requiring mitigation must approve the use of banked mitigation. The Act takes effect upon approval.
The department may contract with a specialized outside administrator to operate and manage its conservation banks. The contract may cover operation and management of banks established by the department. The administrator must specialize in conservation mitigation banking.
The department may sell certain conservation credits and may authorize outside administrators to sell them. Credits represent ecological functions or services and are released as a bank meets performance criteria. The sale authority covers credits from listed-species conservation activities for incidental take licensees. Each bank must have a legal instrument protecting it in perpetuity; an outside administrator does not have to own the land.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 9Act 208, 07/08/2026 (Gov. Msg. No. 1310).Latest
- Jul 9Act 208, on 07/08/2026 (Gov. Msg. No. 1310).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 7Transmitted to Governor.
- May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
- Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 6Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none).Major
- May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
- May 1Reported from Conference Committee (Conf Com. Rep. No. 165-26) as amended in (CD 1).
- May 1Forty-eight (48) hours notice Wednesday, 05-06-26.
- May 1Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 165-26).
- May 148 Hrs. Notice (as amended CD 1) 05-06-26
- Apr 30The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Lowen, Hashem, Perruso, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- Apr 30The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Lee, C., Inouye, Lamosao; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Apr 29Conference Committee Meeting will reconvene on Thursday 04-30-26 10:10AM in conference room 325.
- Apr 28Conference Committee Meeting will reconvene on Wednesday 04-29-26 10:10AM in conference room 325.
- Apr 27Conference Committee Meeting will reconvene on Tuesday 04-28-26 10:10AM in conference room 325.
- Apr 24Bill scheduled for Conference Committee Meeting on Monday, 04-27-26 10:10AM in conference room 325.
- Apr 23Received notice of Senate conferees (Sen. Com. No. 725).Minor
- Apr 22Senate Conferees Appointed: Lee, C. Chairs; Inouye Co-Chair; Lamosao.
- Apr 20House Conferees Appointed: Lowen, Hashem, Perruso Co-Chairs; Matsumoto.
- Apr 20Received notice of appointment of House conferees (Hse. Com. No. 786).Minor
- Apr 16Received notice of disagreement (Hse. Com. No. 599).Minor
- Apr 14House disagrees with Senate amendment (s).Minor
- Apr 10Report Adopted; Passed Third Reading. Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Report Adopted; Passed Third Reading. Result: pass.Upper
- Apr 10Returned from Senate (Sen. Com. No. 529) in amended form (SD 1).
- Apr 9Reported from WAM (Stand. Com. Rep. No. 3642) with recommendation of passage on Third Reading.
- Apr 9One Day Notice 04-10-26.
- Apr 7The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Lee, C..Minor
- Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Apr 2The committee(s) on WAM will hold a public decision making on 04-07-26 10:31AM; Conference Room 211 & Videoconference.
- Mar 30Reported from WLA (Stand. Com. Rep. No. 3244) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
- Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.Minor
- Mar 18The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 5 Aye(s): Senator(s) Lee, C., Inouye, Chang, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 16The committee(s) on WLA deferred the measure until 03-18-26 1:05PM; Conference Room 224 & Videoconference.Minor
- Mar 12The committee(s) on WLA has scheduled a public hearing on 03-16-26 1:00PM; Conference Room 224 & Videoconference.
- Mar 10Referred to WLA, WAM.Minor
- Mar 6Received from House (Hse. Com. No. 49).Minor
- Mar 6Passed First Reading.Minor
- Mar 5Reported from FIN (Stand. Com. Rep. No. 876-26), recommending passage on Third Reading.
- Vote recorded Passed Third Reading. Result: pass.Lower
- Mar 5Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Perruso excused (1). Transmitted to Senate.Passed House
- Mar 2The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Alcos.Minor
- Vote recorded The committee on FIN recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
- Feb 27Bill scheduled to be heard by FIN on Monday, 03-02-26 10:00AM in House conference room 308 VIA VIDEOCONFERENCE.
- Feb 17Reported from WAL (Stand. Com. Rep. No. 336-26), recommending referral to FIN.
- Vote recorded Report adopted; referred to the committee(s) on FIN. Result: pass.Lower
- Feb 17Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lee, M., Poepoe excused (3).Minor
- Feb 12The committee on WAL recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 9 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Iwamoto, Poepoe, Woodson, Shimizu, Souza; Ayes with reservations: none; Noes: none; and Excused: none.Minor
- Vote recorded The committee on WAL recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
- Feb 10Bill scheduled to be heard by WAL on Thursday, 02-12-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
- Feb 4Reported from EEP (Stand. Com. Rep. No. 10-26) as amended in HD 1, recommending passage on Second Reading and referral to WAL.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL. Result: pass.Lower
- Feb 4Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL with none voting aye with reservations; none voting no (0) and Representative(s) Kitagawa excused (1).Minor
- Jan 29The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Lowen, Perruso, Kahaloa, Kusch, Matsumoto; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Chun, Quinlan.Minor
- Vote recorded The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Jan 26Referred to EEP, WAL, FIN, referral sheet 1Minor
- Jan 26Bill scheduled to be heard by EEP on Thursday, 01-29-26 9:30AM in House conference room 325 VIA VIDEOCONFERENCE.
- Jan 23Introduced and Pass First Reading.Minor
- Jan 22Pending introduction.Introduced
Environment & Energy