Report Title:

Military Installations; District Boundary Amendments

Description:

Requires notice to be given to military installation authorities of any proposed petition for district boundary amendment involving lands within 2 miles of a military installation, and requires consideration of potential impacts the district boundary amendments could have on the military installation.

HOUSE OF REPRESENTATIVES

H.B. NO.

1697

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MILITARY INSTALLATIONS.

 

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

SECTION 1. The legislature finds that in December 2001, the United States Congress authorized a new round of military installation and base realignments and closures to be implemented in 2005. In the past, certain base closings resulted due to the loss of efficiency or effectiveness of a military installation caused by the encroachment on the installation by nearby civilian urban growth. The legislature finds that all branches of the armed services of the United States in Hawaii are not only vital contributors to the economy of the State but are also good stewards of the lands they occupy and good contributing community members.

The purpose of this Act is to grant commanders of military installations in the State sufficient notice of any petitions for district boundary amendments for any lands within two miles of any military installation, affording the military authorities an opportunity to participate in any contested case proceedings and raise any concern they may have to avoid urban encroachment on military installations that could impact the effectiveness and preparedness of the military installation.

SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"205- Notice of petition for district boundary amendment for lands within two miles of military installation. (a) A copy of any petition for district boundary amendment of any lands within two miles of any military installation, whether processed pursuant to section 205-3.1 or 205-4, shall be served upon the appropriate military installation commanding officer, pursuant to the requirements of section 205-3.1 or 205-4. The copy of the petition shall be accompanied by a notice of any scheduled hearing on the petition, along with affording the military installation commanding officer or its representative an opportunity to file a timely application for intervention as a party in the proceedings. The county land use decision-making authority or the commission may request from the commander of the military installation written comments and supporting facts relating to the use of the land being considered in the proposed petition for district boundary amendment. The failure of the installation commander to file a timely application to intervene or to respond to a request for comments by the date of the public hearing shall not lead to a presumption by the county land use decision-making authority or the commission that the proposed petition for district boundary amendment will have no adverse effects on the operation and effectiveness of the mission of the military installation.

(b) In reviewing any petition for district boundary amendment subject to the requirements of subsection (a), the county land use decision-making authority or the commission shall be required to review and consider the following:

(1) Whether the district boundary amendment will permit a use that is suitable in view of that use within two miles of a military installation;

(2) Whether the district boundary amendment may permit a use that will affect the operations and effectiveness of the military installation in the carrying out of its mission;

(3) Whether the property that is the subject of the petition for district boundary amendment has a reasonable economic use as currently zoned;

(4) Whether the district boundary amendment will result in a use that will or could cause a safety concern or could otherwise affect the military installation with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, housing, or schools due to the proximity of the military installation; and

(5) Whether the district boundary amendment is in conformity with the county's general plan, development plans, or other long-range plans.

(c) As used in this section, "military installation" shall include any base, military airport, camp, post, station, yard, center, home port facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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