HOUSE OF REPRESENTATIVES

H.B. NO.

629

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relATING TO AGRICULTURAL LANDS.

 

 

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

 


     SECTION 1.  The purpose of this Act is to remove exemptions for certain projects and activities on agricultural lands in the state agricultural district.

     SECTION 2.  Section 39-73, Hawaii Revised Statutes, is amended to read as follows:

     "§39-73  Consent of governmental agencies.  [It] (a)  Except as provided under subsection (b), it shall not be necessary for any department proceeding pursuant to this part to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other like instrumentality of the State or its political subdivisions in order to acquire, construct, purchase, reconstruct, improve, [better,] extend, maintain, [and] or operate an undertaking.

     (b)  If an undertaking is to be constructed or operated on agricultural land, any department proceeding pursuant to this part shall obtain any necessary district boundary amendment, rezoning, or special permit from the land use commission or relevant county before construction or operation.  For purposes of this section, "agricultural land" means land within an agricultural district established under chapter 205."

     SECTION 3.  Section 49-23, Hawaii Revised Statutes, is amended to read as follows:

     "§49-23  Consent of state agencies.  [It] (a)  Except as provided under subsection (b), it shall not be necessary for any county proceeding under this chapter to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other like instrumentality of the State in order to acquire, construct, purchase, reconstruct, improve, [better,] extend, maintain, [and] or operate an undertaking or undertake the establishment of loan programs, but the powers and duties of the bureau, board, commission, or instrumentality shall continue [as heretofore].

     (b)  If an undertaking is to be constructed or operated on agricultural land, any county proceeding pursuant to this chapter shall obtain any necessary district boundary amendment, rezoning, or special permit from the land use commission or relevant county agency before construction or operation.  For purposes of this section, "agricultural land" means land within an agricultural district established under chapter 205."

     SECTION 4.  Section 91-13.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  This section shall not apply to:

     (1)  Any proceedings of the public utilities commission; [or]

     (2)  Any county or county agency that is exempted by county ordinance from this section[.]; or

     (3)  Any district boundary amendment involving agricultural land, rezoning of agricultural land, or issuance of a special permit for a use on agricultural land.  For purposes of this section, "agricultural land" means land within an agricultural district established under chapter 205."

     SECTION 5.  Section 166E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall administer a program to manage the transferred non-agricultural park lands under rules adopted by the board pursuant to chapter 91.  The program and its rules shall be separate and distinct from the agricultural park program and its rules.  Non-agricultural park lands are not the same as, and shall not be selected or managed as [are] lands under agricultural park leases.  Notwithstanding any other law to the contrary, the program shall include the following conditions pertaining to encumbered non-agricultural park lands:

     (1)  The lessee or permittee shall perform in full compliance with the existing lease or permit;

     (2)  The lessee or permittee shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;

     (3)  The lessee's or permittee's agricultural operation shall be economically viable as specified by the board; and

     (4)  No encumbered or unencumbered non-agricultural park lands [with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B] within an agricultural district established under chapter 205 shall be transferred for the use or development of golf courses, golf driving ranges, and country clubs.

The transfer of non-agricultural park lands shall be done in a manner to be determined by the board of agriculture."

     SECTION 6.  Section 171-134, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  At the option of the board, and except as otherwise provided under paragraph (5), the development of an industrial park shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivision development and improvement of land, and the construction of buildings thereon; provided that:

     (1)  The board finds that the industrial park meets the minimum requirements of health and safety;

     (2)  The development of the industrial park does not contravene any safety standards or tariffs approved by the public utilities commission for public utilities;

     (3)  The legislative body of the county in which the industrial park is proposed to be situated approves the industrial park[.]:

         (A)  The legislative body shall approve or disapprove the industrial park within forty-five days after the department has submitted preliminary plans and specifications for the industrial park to the legislative body.  If after the forty-fifth day, an industrial park is not disapproved, it shall be deemed approved by the legislative body.

         (B)  No action shall be prosecuted or maintained against any county, its officials, or employees, on account of actions taken by them in reviewing, approving, or disapproving the plans and specifications.

         (C)  The final plans and specifications for the industrial park shall be deemed approved by the legislative body if the final plans and specifications for the industrial park do not substantially deviate from the preliminary plans and specifications.  The determination that the final plans and specifications do not substantially deviate from the preliminary plans and specifications of the industrial park shall rest with the board.  The final plans and specifications for the park shall constitute the planning, zoning, building, improvement, construction, and subdivision standards for that industrial park.  For the purposes of sections 501-85 and 502-17, the chairperson of the board or the responsible county official may certify maps and plans of land connected with the industrial park as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and such maps and plans shall be accepted for registration or recordation by the land court and registrar; [and]

     (4)  The board shall assume the responsibility of all infrastructure within the industrial park, if the infrastructure developed is exempt from applicable county ordinances, charter provisions, and rules[.]; and

     (5)  If an industrial park is to be constructed and operated under this subsection on agricultural land, the board shall obtain any necessary district boundary amendment and rezoning from the land use commission and relevant county agency before construction or operation of the industrial park.  Notwithstanding paragraph (3), the rezoning of land by the county shall be pursuant to county ordinance.  For purposes of this section, "agricultural land" means land within an agricultural district established under chapter 205."

     SECTION 7.  Section 171C-19, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§171C-19[]]  Exemption from requirements.  Notwithstanding section 171-42 and except as otherwise noted in this chapter, projects developed pursuant to this chapter on non-agricultural land shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon; provided that the public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.  For purposes of this section, "non-agricultural land" means land not located within an agricultural district established under chapter 205."

     SECTION 8.  Section 201H-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The corporation may develop public land [in] located within an agricultural district subject to [the prior approval of the land use commission, when developing lands greater than fifteen acres in size,] appropriate district boundary amendments and rezoning laws and public land in a conservation district subject to the prior approval of the board of land and natural resources.  The corporation shall not develop state monuments, historical sites, or parks.  When the corporation proposes to develop public land, it shall file with the department of land and natural resources a petition setting forth the purpose for the development.  The petition shall be conclusive proof that the intended use is a public use superior to that which the land has been appropriated."

     SECTION 9.  Section 201H-33, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The corporation shall adopt, pursuant to chapter 91, rules on health, safety, building, planning, zoning, and land use that relate to the development, subdivision, and construction of dwelling units in housing projects in which the State, through the corporation, shall participate.  The rules shall not contravene any safety standards or tariffs approved by the public utilities commission[,] and shall comply with all procedures, provisions, and restrictions established under chapter 205 with respect to a boundary amendment to, or use within the agricultural district.  The rules shall follow existing law as closely as is consistent with the production of lower cost housing with standards that meet minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.

     When adopted, the rules shall have the force and effect of law and shall supersede, for all housing projects in which the State, through the corporation, shall participate, all other inconsistent laws, ordinances, and rules relating to the use, zoning, planning, and development of land, and the construction of dwelling units thereon.  The rules, before becoming effective, shall be presented to the legislative body of each county in which they will be effective and the legislative body of any county may within forty-five days approve or disapprove, for that county, any or all of the rules by a majority vote of its members.  On the forty-sixth day after submission, any rules not disapproved shall be deemed to have been approved by the county."

     SECTION 10.  Section 201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The corporation may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon; provided that:

     (1)  The corporation finds the housing project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety;

     (2)  The development of the proposed housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54;

     (3)  The legislative body of the county in which the housing project is to be situated shall have approved the project with or without modifications:

         (A)  The legislative body shall approve, approve with modification, or disapprove the project by resolution within forty-five days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body.  If on the forty‑sixth day a project is not disapproved, it shall be deemed approved by the legislative body;

         (B)  No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving the plans and specifications; and

         (C)  The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications.  The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project.  For purposes of sections 501-85 and 502‑17, the executive director of the corporation or the responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; and

     (4)  If the housing project is to be constructed on land greater than fifteen acres in size in an agricultural, rural, or conservation district, the corporation or eligible developer shall obtain any necessary district boundary amendments from the land use commission before construction commences.  The land use commission shall approve, approve with modification, or disapprove [a] the proposed boundary [change] amendment within forty-five days after the corporation has submitted a petition to the commission as provided in section 205‑4.  If, on the forty-sixth day, the petition is not disapproved, it shall be deemed approved by the commission.  A boundary amendment for a housing project on land of fifteen acres or less in an agricultural, rural, or conservation district shall be subject to paragraph (3)."

     SECTION 11.  Section 206M-5, Hawaii Revised Statutes, is amended to read as follows:

     "§206M-5  Development rules.  (a)  Whenever the proceeds of special purpose revenue bonds are used to finance the cost of an industrial park, the board shall adopt rules under chapter 91 to be followed during the course of the development of any industrial park, which are to be known as development rules in connection with health, safety, building, planning, zoning, and land use.  [The] Except as otherwise provided in subsection (b), the rules, upon final adoption of a development plan for an industrial park, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon within the industrial park.  Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.  The corporation shall establish policies and procedures for monitoring and ensuring that the operation of the industrial park complies with these development rules and may establish fines and penalties or take any other means available under the law to eliminate any noncomplying action.

     (b)  If an industrial park is to be constructed on agricultural land, the board shall obtain any necessary district boundary amendment, rezoning, or special permit from the land use commission or relevant county before construction.  For purposes of this section, "agricultural land" means land within an agricultural district established under chapter 205."

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Agricultural Lands; Policies for Districting and Protection

 

Description:

Amends various laws to remove exemptions for certain projects or activities in the state agricultural district.  Effective 07/01/2013.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.