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Hawaii2026Enacted

HB1802

Creating Conservation Mitigation Banks to Protect Species

Last scannedAug 24, 2026, 11:30 PM

In one sentence

This law allows the Department of Land and Natural Resources to create conservation banks that sell credits to help offset harm done to threatened, endangered, candidate, or proposed species.

What it does

  • Authorizes the Department of Land and Natural Resources to establish and operate conservation mitigation banks.
  • Allows public or private entities to seek approval from the Board of Land and Natural Resources to run these banks for compensatory mitigation.
  • Adds the associate director of the U.S. Geological Survey, Ecosystem Mission Area, to the Endangered Species Recovery Committee.
  • Requires the committee to review applications and proposals for conservation banks and oversee their ongoing operations.
  • Permits the department or authorized third-party administrators to sell credits generated from listed-species conservation activities.

Who it affects

  • The Department of Land and Natural Resources
  • The Board of Land and Natural Resources
  • Entities that need an incidental take license for projects affecting threatened, endangered, candidate, or proposed species
  • Third-party administrators hired to manage conservation banks

Limits and unknowns

  • The law states the act takes effect upon approval but does not list a specific calendar date.
  • Specific rules for how credits are calculated and sold will be created later by the department under chapter 91.
  • The text does not list specific locations where these banks must or cannot be built.

Plain language

Terms to know

Conservation mitigation bank
A site managed under an approved instrument that is conserved and managed to provide ecological functions expressed as credits for wildlife or listed species.
Credit
A value based on defined units representing the accrual of ecological functions, released when a conservation bank meets performance criteria.
Incidental take license
A temporary permit allowing harm to threatened or endangered species if it happens accidentally during lawful activities as part of a habitat conservation plan.

Official record

Sources

Validated

Official summary

RELATING TO CONSERVATION MITIGATION BANKS. DLNR; BLNR; Conservation Banks Authorizes the Department of Land and Natural Resources and certain public or private entities to seek the approval of the Board of Land and Natural Resources to operate conservation banks for situations where a person or entity is required to provide compensatory mitigation to offset adverse impacts to threatened, endangered, candidate, or proposed species as part of an approved incidental take license and habitat conservation plan. Adds the associate director of the United States Geological Survey, Ecosystem Mission Area, to the membership of the Endangered Species Recovery Committee. Requires the Endangered Species Recovery Committee to review applications and proposals for conservation banks and conservation bank instruments conduct subsequent reviews and oversight. (CD1)

Official activity

Bill history

  1. Act 208, on 07/08/2026 (Gov. Msg. No. 1310).H
  2. Act 208, 07/08/2026 (Gov. Msg. No. 1310).S
  3. Received notice of passage on Final Reading in House (Hse. Com. No. 888).S
  4. Transmitted to Governor.H
  5. Received notice of Final Reading (Sen. Com. No. 816).H
  6. Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none).S
  7. Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).H
  8. 48 Hrs. Notice (as amended CD 1) 05-06-26S
  9. Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 165-26).S
  10. Forty-eight (48) hours notice Wednesday, 05-06-26.H
  11. Reported from Conference Committee (Conf Com. Rep. No. 165-26) as amended in (CD 1).H
  12. The 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.S
  13. The 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.H
  14. Conference Committee Meeting will reconvene on Thursday 04-30-26 10:10AM in conference room 325.H
  15. Conference Committee Meeting will reconvene on Wednesday 04-29-26 10:10AM in conference room 325.H
  16. Conference Committee Meeting will reconvene on Tuesday 04-28-26 10:10AM in conference room 325.H
  17. Bill scheduled for Conference Committee Meeting on Monday, 04-27-26 10:10AM in conference room 325.H
  18. Received notice of Senate conferees (Sen. Com. No. 725).H
  19. Senate Conferees Appointed: Lee, C. Chairs; Inouye Co-Chair; Lamosao.S
  20. Received notice of appointment of House conferees (Hse. Com. No. 786).S

Changes

Amendments

3 stored

CD1

This amendment creates a new system in Hawaii that allows public or private groups to run conservation banks, which are special projects designed to protect endangered species and provide credits for developers who harm wildlife habitats.

HD1

This amendment creates a new system called 'conservation banking' to help protect endangered species by allowing approved projects to earn credits for restoring habitats.

SD1

This amendment creates a new system called 'conservation banks' where approved projects can earn credits to offset harm done to endangered species, while also adding a federal expert to an oversight committee.