Terms Used In Hawaii Revised Statutes Chapter 195D > Part II - Recovery

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 195D-2
• Candidate species: means any species being considered by the United States Secretary of the Interior for listing as an endangered or threatened species, but not yet the subject of a proposed rule. See Hawaii Revised Statutes 195D-2
• Commission: means the Hawaii state emergency response commission. See Hawaii Revised Statutes 128E-1
• Committee: means the local emergency planning committee within each county responsible for preparing hazardous material plans and performing other functions under the Emergency Planning and Community Right-to-Know Act of 1986 and [this chapter]. See Hawaii Revised Statutes 128E-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• County: means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, the board of water supply of the city and county of Honolulu and the boards of water supply of the counties of Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 49-1
• County agency: means a county or any officer or agency thereof. See Hawaii Revised Statutes 128E-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means department of land and natural resources. See Hawaii Revised Statutes 195D-2
• Department: means the department of health. See Hawaii Revised Statutes 128E-1
• Direct payments: means governmental compensation of landowners for their discovery, care, maintenance, and recovery of endangered, threatened, proposed, or candidate species or their essential habitat. See Hawaii Revised Statutes 195D-2
• Director of finance: means the director of finance of the various counties. See Hawaii Revised Statutes 49-1
• Ecosystem: means all natural elements, physical and biological, of the habitat or site in which any aquatic life, wildlife, or land plant species is found, and upon which it is dependent. See Hawaii Revised Statutes 195D-2
• Endangered species: means any species whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy and has been so designated pursuant to § 195D-4. See Hawaii Revised Statutes 195D-2
• Extremely hazardous substance: means any substance listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 355, as amended, or as defined by rules adopted by the commission. See Hawaii Revised Statutes 128E-1
• Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor carrier, rolling stock, aircraft, site, or area where a hazardous substance or pollutant or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located. See Hawaii Revised Statutes 128E-1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Governing body: means council of each county, or any other body exercising the legislative powers of the county. See Hawaii Revised Statutes 49-1
• Habitat banking: means a program that would allow a landowner, on whose property are found endangered, threatened, proposed, or candidate species or their essential habitat that would be impacted by a project being conducted on the property to purchase another property on which those affected species are found for the purposes of preserving those species as part of an approved habitat conservation plan. See Hawaii Revised Statutes 195D-2
• hazardous substance: means any hazardous substance as defined in chapter 128D. See Hawaii Revised Statutes 128E-1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landowner: means an owner of land or any estate or interest in that land when acting with the consent of the fee owner. See Hawaii Revised Statutes 195D-2
• License: means written permission by the department of land and natural resources to do a particular act or series of acts which without such permission would be unauthorized or prohibited. See Hawaii Revised Statutes 195D-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Loan program: means the activities and policies undertaken by any county to provide:

  (1) Assistance to members of the general public who are residents of the county by making loans or causing loans to be made available to them for purposes as may be authorized by law; or

  (2) Loans to private nonprofit organizations or public instrumentalities, or to wholly owned affiliates thereof, for the development of low and moderate income housing pursuant to section 46-15. See Hawaii Revised Statutes 49-1

• Natural communities: means a natural assemblage of plants or animals that occurs within certain elevation, moisture, and habitat conditions. See Hawaii Revised Statutes 195D-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government. See Hawaii Revised Statutes 195D-2
• Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to this chapter, the United States or the interstate body. See Hawaii Revised Statutes 128E-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Public lands: means lands owned by the federal government, the State, or a county, or lands owned by any political subdivision of the federal government, the State, or a county. See Hawaii Revised Statutes 195D-2
• recover: means that the number of individuals of the protected species has increased to the point that the measures provided under this chapter or the federal Endangered Species Act are no longer needed. See Hawaii Revised Statutes 195D-2
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance, or pollutant or contaminant into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance, or pollutant or contaminant. See Hawaii Revised Statutes 128E-1
• Revenue: means the moneys collected, including any moneys collected from the county or any department thereof, from the rates, rentals, fees and charges prescribed for the use and services of, and the facilities and commodities furnished by, an undertaking or the use and services and benefits of a loan program. See Hawaii Revised Statutes 49-1
• Revenue bonds: means all bonds payable solely from and secured by the revenue, or user taxes, or any combination of both, of an undertaking or loan program or any loan made thereunder for which such bonds are issued and as otherwise provided in this chapter. See Hawaii Revised Statutes 49-1
• Species: means and shall include any subspecies or lower taxa of aquatic life, wildlife, or land plants. See Hawaii Revised Statutes 195D-2
• Take: means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered or threatened species of aquatic life or wildlife, or to cut, collect, uproot, destroy, injure, or possess endangered or threatened species of aquatic life or land plants, or to attempt to engage in any such conduct. See Hawaii Revised Statutes 195D-2
• Technical assistance program: means a program that includes department staff designated to assist landowners in developing, reviewing, or monitoring habitat conservation plans by providing technical assistance. See Hawaii Revised Statutes 195D-2
• Threatened species: means any species of aquatic life, wildlife, or land plant which appears likely, within the foreseeable future, to become endangered and has been so designated pursuant to § 195D-4. See Hawaii Revised Statutes 195D-2
• Undertaking: means any public works and properties, improvement, or system owned or operated by the county, and from which the county may derive revenue, or with respect to which the county may derive user taxes, including but not limited to one or a combination of two or more of the following: water, sewerage, gas or electric, heat, light or power works, solid waste processing and disposal, public off-street parking facilities, plants, systems, and low and moderate income housing projects provided pursuant to section 46-15. See Hawaii Revised Statutes 49-1
• User taxes: means taxes on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use or sale of goods and services in the utilization of the functions or services furnished by the undertaking. See Hawaii Revised Statutes 49-1
• Wildlife: means any nondomesticated member of the animal kingdom, whether reared in captivity or not, including any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 195D-2