Bill Text: HI HB252 | 2014 | Regular Session | Amended
Bill Title: Native Hawaiians; Recognition; Native Hawaiian Roll Commission; BLNR; Native Hawaiian Traditional and Customary Practice; Mineral Resources; Geothermal Resources
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2014-02-19 - Received notice of discharge of conferees (Hse. Com. No. 41). [HB252 Detail]
Download: Hawaii-2014-HB252-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
252 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO GOVERNMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 10H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§10H- Reports. The Native Hawaiian roll commission, in cooperation with the office of Hawaiian affairs, shall submit an annual report to the governor and the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2014, on the status of the preparation of a roll of qualified Native Hawaiians, expenditures related to the responsibilities of the Native Hawaiian roll commission, and any concerns or recommendations as deemed appropriate by the Native Hawaiian roll commission."
SECTION 2. Section 10H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established a five-member Native Hawaiian roll commission within the office of Hawaiian affairs for administrative purposes only. The Native Hawaiian roll commission shall be responsible for:
(1) Preparing and maintaining a roll of qualified Native Hawaiians;
(2) Certifying that the individuals on the roll of
qualified Native Hawaiians meet the definition of qualified Native Hawaiians.
For purposes of establishing the roll, a "qualified Native Hawaiian"
means an individual [who] whom the commission determines has
satisfied the following criteria and who makes a written statement certifying
that the individual:
(A) Is:
(i) An individual who is a descendant of the
aboriginal peoples who, prior to 1778, occupied and exercised sovereignty in
the Hawaiian islands, the area that now constitutes the State of Hawaii; [or]
(ii) An individual who is one of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act, 1920, or a direct lineal descendant of that individual; or
(iii) An individual who meets the ancestry requirements of Kamehameha Schools or of any Hawaiian registry program of the office of Hawaiian affairs;
(B) Has maintained a significant cultural, social, or civic connection to the Native Hawaiian community and wishes to participate in the organization of the Native Hawaiian governing entity; and
(C) Is eighteen years of age or older; [and]
(3) Receiving and maintaining documents that verify
ancestry; cultural, social, or civic connection to the Native Hawaiian
community; and age from individuals seeking to be included in the roll of
qualified Native Hawaiians. Notwithstanding any other law to the contrary,
these verification documents shall be confidential[.]; and
(4) Notwithstanding any other law to the contrary, including in the roll of qualified Native Hawaiians all individuals already registered with the State as verified Hawaiians or Native Hawaiians through the office of Hawaiian affairs and extending to those individuals all rights and recognitions conferred upon other members of the roll."
SECTION 3. Act 195, Session Laws of Hawaii 2011, is amended by amending section 3 to read as follows.
"SECTION 3. [The Hawaiian Homes
Commission Act, 1920, shall be amended, subject to approval by the United
States Congress, if necessary, to accomplish the purposes set forth in this Act
in a manner that is expeditious, timely, and consistent with the current needs
and requirements of the Native Hawaiian people and the current beneficiaries of
the Hawaiian Homes Commission Act, 1920.] Repealed."
PART II
SECTION 4. Chapter 182, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§182- Penalties, fees, and costs collected. All penalties, fees, and costs established and collected by the department pursuant to this chapter shall be deposited in the special land and development fund established under section 171‑19.
SECTION 5. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§205- Geothermal resource permits. (a) The use of an area or site for geothermal resources development within the conservation district shall be governed by the board; provided that the appropriate county authority may issue a geothermal resource permit pursuant to subsection (c) to allow geothermal resources development in an agricultural, rural, or urban district if the geothermal resources development is not considered a permissible use under the applicable county zoning ordinances or general plan.
(b) If geothermal resources development is proposed within a conservation district in an application containing all required data, the board shall conduct a public hearing. Within ten days after the public hearing, the board may receive additional written comments on the issues raised at the public hearing from any party.
The board shall consider the comments at the hearing before rendering its final decision. The board shall then determine whether a conservation district use permit shall be granted to authorize the geothermal resources development described in the application. The board shall grant a conservation district use permit if it finds that:
(1) The desired uses would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property;
(2) The desired uses would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, and police and fire protection; and
(3) There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above, which the board shall have the authority to prescribe as conditions for the proposed geothermal resources development.
A decision shall be made by the board within six months of the date a complete application is filed; provided that the time limit may be extended by agreement between the applicant and the board. The board shall have the exclusive authority to impose reasonable conditions and restrictions upon the proposed use in support of its findings, except to the extent that the department of health and other state and federal agencies have jurisdiction to regulate such activities.
(c) If geothermal resources development is proposed within agricultural, rural, or urban districts and the proposed activities are not expressly permitted uses pursuant to the applicable county general plan and zoning ordinances, then, after receipt of a properly filed and completed application including all required supporting data, the appropriate county authority shall conduct a public hearing. Within ten days after the public hearing, the county authority may receive additional written comments on the issues raised at the public hearing from any party.
The county authority shall consider the comments raised at the hearing before rendering its final decision. The county authority shall then determine whether a geothermal resource permit shall be granted to authorize the geothermal resources development described in the application. The appropriate county authority shall grant a geothermal resource permit if it finds that the applicant has demonstrated that:
(1) The desired uses would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property;
(2) The desired uses would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; and
(3) There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above, which the county authority may prescribe as conditions for the proposed geothermal resources development.
Unless there is a mutual agreement to extend the proceeding, a decision shall be made on the application by the appropriate county authority within six months of the date a complete application was filed; provided that the time limit may be extended by agreement between the applicant and the appropriate county authority. The county authority shall have exclusive authority to impose reasonable restrictions and conditions for the geothermal development in support of its findings, except to the extent that the department of health and other federal and state agencies have jurisdiction to regulate such activities.
(d) For purposes of this section:
"Appropriate county authority" means the county planning commission unless the respective county's agency or body is designated by applicable provisions of the charter or by ordinance of the county council to issue development permits.
"Board" means the board of land and natural resources."
SECTION 6. Section 171-95, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) For the purposes of this section, "renewable energy producer" means:
(1) Any producer or developer of electrical or thermal energy produced by wind, solar energy, hydropower, geothermal resources, landfill gas, waste-to-energy, ocean thermal energy conversion, cold seawater, wave energy, biomass, including municipal solid waste, biofuels or fuels derived from organic sources, hydrogen fuels derived primarily from renewable energy, or fuel cells where the fuel is derived primarily from renewable sources that sell all of the net power produced from the demised premises to an electric utility company regulated under chapter 269 or that sells all of the thermal energy it produces to customers of district cooling systems; provided that up to twenty-five per cent of the power produced by a renewable energy producer and sold to the utility or to district cooling system customers may be derived from fossil fuels; or
(2) Any grower or producer of plant or animal materials used primarily for the production of biofuels or other fuels; provided that nothing herein is intended to prevent the waste product or byproduct of the plant or animal material grown or produced for the production of biofuel, other fuels, electrical energy, or thermal energy, from being used for other useful purposes."
SECTION 7. Section 182-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Department" means the department of land and natural resources."
2. By amending the definitions of "geothermal resources", "geothermal resources exploration", and "mining lease" to read:
""Geothermal
resources" means the natural heat of the earth, the energy, in whatever form,
below the surface of the earth present in, resulting from, or created by, or
which may be extracted from, such natural heat, and all minerals in solution or
other products obtained from naturally heated fluids, brines, associated gases,
and steam, in whatever form, found below the surface of the earth, but
excluding oil, hydrocarbon gas, or other hydrocarbon substances[, and
any water, mineral in solution, or other product obtained from naturally heated
fluids, brines, associated gases, and steam, in whatever form, found below the
surface of the earth, having a temperature of 150 degrees Fahrenheit or less,
and not used for electrical power generation].
"Geothermal resources exploration" means either of the following:
(1) Conducting non-invasive geophysical operations, including geochemical operations, remote sensing, and other similar techniques; or
(2) Drilling exploration wells for, but not limited to, the extraction and removal of minerals of types and quantities;
that are reasonably required for testing and analysis to provide ground truth or determine the economic viability of geothermal resources. The term does not include "geothermal resources development".
"Mining lease" means a lease of the
right to conduct mining operations, including geothermal resource exploration
or development, on state lands [and on lands sold or leased by the State or
its predecessors in interest with a reservation of mineral rights to the State]."
3. By deleting the definition of "reserved lands".
[""Reserved lands" means
those lands owned or leased by any person in which the State or its
predecessors in interest has reserved to itself expressly or by implication the
minerals or right to mine minerals, or both."]
SECTION 8. Section 182-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All
minerals in, on, or under state lands or lands which hereafter become state
lands are reserved to the State; provided that the board [of land and
natural resources] may release, cancel, or waive the reservation whenever
it deems the land use, other than mining, is of greater benefit to the State as
provided for in section 182-4. Such minerals are reserved from sale or lease
except as provided in this chapter. A purchaser or lessee of any such lands
shall acquire no right, title, or interest in or to the minerals. The right of
the purchaser or lessee shall be subject to the reservation of all the minerals
and to the conditions and limitations prescribed by law providing for the State
and persons authorized by it to prospect for, mine, and remove the minerals,
and to occupy and use so much of the surface of the land as may be required for
all purposes reasonably extending to the mining and removal of the minerals
therefrom by any means whatsoever."
SECTION 9. Section 182-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Every
lessee of a mining lease granted under this chapter and every assignee thereof
shall file with the board [of land and natural resources] a bond, in a
form and in an amount approved by the board, made payable to the State and
which shall be conditioned upon the faithful performance by the lessee of all
the requirements of this chapter and of the mining lease, and also conditioned
upon the full payment by the lessee of all damages suffered by the occupiers
hereinunder mentioned. If the State sells or leases its mineral rights on land
which it or its predecessors in interest have granted or leased, or which it
may hereafter sell or lease, and the land thereof including any crops or
improvements is damaged by any mining or other incidental operations, including
exploratory work, or by the failure of the lessee of the mining lease to
properly restore the land after termination of the operations, the occupier
shall be reimbursed the full extent of the damages caused by the mining
operations of the lessee to be allocated between the lessee and the fee owner
in accordance with the lease terms, if any."
SECTION 10. Section 182-4, Hawaii Revised Statutes, is amended to read as follows:
"§182-4 Mining
leases on state lands. (a) If any mineral is discovered or known to exist
on state lands, any interested person may notify the board [of land and
natural resources] of the person's desire to apply for a mining lease. The
notice shall be accompanied by [a fee of $100] the required fees, as
established by the department, together with a description of the land
desired to be leased [and], the minerals involved, and any
information and maps that the board by rule may prescribe. As soon as
practicable thereafter, the board shall cause a public notice to be given in
the county where the lands are located, at least once in each of three
successive weeks, setting forth the description of the land, and the minerals
desired to be leased. The board may hold the public auction of the mining
lease within six months from the date of the first notice or any further time
that may be reasonably necessary. Whether or not the state land sought to be
auctioned is then being utilized or put to some productive use, the board,
after due notice of public hearing to all parties in interest, within six weeks
from the date of the first notice or any further time that may be reasonably
necessary, shall determine whether the proposed mining operation or the
existing or reasonably foreseeable future use of the land would be of greater
benefit to the State. If the board determines that the existing or reasonably
foreseeable future use would be of greater benefit to the State than the
proposed mining use of the land, it shall disapprove the application for a
mining lease of the land without putting the land to auction. The board shall
determine the area to be offered for lease and, after due notice of public
hearing to all parties in interest, may modify the boundaries of the land
areas. At least thirty days prior to the holding of any public auction, the
board shall cause a public notice to be given in the State at least once in
each of three successive weeks, setting forth the description of the land, the
minerals to be leased, and the time and place of the auction. Bidders at the
public auction may be required to bid on the amount of annual rental to be paid
for the term of the mining lease based on an upset price fixed by the board, a
royalty based on the gross proceeds or net profits, cash bonus, or any
combination or other basis and under any terms and conditions that may be set
by the board.
(b) Any
provisions to the contrary notwithstanding, if the person who discovers the
mineral discovers it as a result of exploration permitted under section 182-6,
and if that person bids at the public auction on the mining lease for the right
to mine the discovered mineral and is unsuccessful in obtaining such lease, that
person shall be reimbursed by the person submitting the highest successful
bid at public auction for the direct or indirect costs incurred in the
exploration of the land, excluding salaries, [attorneys] attorney's
fees, and legal expenses. The department shall have the authority to
review and approve all expenses and costs that may be reimbursed.
(c) Any proposed mining operations to be undertaken by a renewable energy producer, as defined in section 171-95, shall require an application to the board for a mining lease on state lands. Any provisions to the contrary notwithstanding, such application for a mining lease on state lands may be granted by the board in accordance with this section, or the board may, by the vote of two-thirds of the members to which the board is entitled, grant a mining lease to the renewable energy producer without public auction."
SECTION 11. Section 182-5, Hawaii Revised Statutes, is amended to read as follows:
"§182-5 Mining
leases on [reserved] lands. If any mineral is discovered or known
to exist on [reserved] lands, any interested person may notify the board
[of land and natural resources] of the person's desire to apply for a
mining lease. The notice shall be accompanied by [a fee of $100] the
required fees, as established by the department, together with a
description of the land desired to be leased and the minerals involved and such
information and maps as the board may by [regulation] rule
prescribe. The board may grant a mining lease on [reserved] state
lands in accordance with section 182-4, or the board may, by the vote of
two-thirds of [its] the members to which the board is entitled,
without public auction, grant a mining lease on [reserved] lands to the
occupier thereof. Such a mining lease may be granted to a person other than
the occupier if the occupier has assigned the occupier's rights to apply for a
mining lease to another person, in which case only such an assignee may be
granted a mining lease. Any provisions to the contrary notwithstanding, if the
board decides that it is appropriate to grant a geothermal mining lease on the [reserved]
lands, the surface owner or the owner's assignee shall have the first right of
refusal for a mining lease. If the occupier or the occupier's assignee of the
right to obtain a mining lease should fail to apply for a mining lease within
six months from the date of notice from the board of a finding by the board
that it is in the public interest that the minerals on the [reserved]
lands be mined, a mining lease shall be granted under section 182-4; provided
that bidders at the public auction shall bid on an amount to be paid to the
State for a mining lease granting to the lessee the right to exploit minerals
reserved to the State."
SECTION 12. Section 182-6, Hawaii Revised Statutes, is amended to read as follows:
"§182-6
Exploration. Any person wishing to conduct geothermal resources
exploration on state lands shall apply to the board [of land and natural resources
who], which shall issue exploration permits upon terms and
conditions as it shall by [regulation] rule prescribe. During
and as a result of the exploration, no minerals of such types and quantity
beyond that reasonably required for testing and analysis shall be extracted and
removed from such state lands. Upon termination of the exploration permit, all
exploration data, including the drill logs and the results of the assays
resulting from the geothermal resources exploration, shall be
turned over to the board and kept confidential by the board. If the person
shall not make application for a mining lease of the lands within a period of
six months from the date the information is turned over to the board, the board
in its discretion need not keep the information confidential.
This section shall be construed as authorizing the board to issue an exploration permit for geothermal resources as well as minerals."
SECTION 13. Section 182-7, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Prior
to the public auction contemplated in section 182-4 or 182-5, or the granting
of mining lease without public auction contemplated in section 182‑4
or 182-5, the board [of land and natural resources] shall cause a
mining lease for the land in question to be drawn. The lease shall describe
the land and shall contain, in addition to such other provisions which the
board may deem appropriate, specific provisions as provided in this section."
2. By amending subsections (d) to (f) to read:
"(d) The lessee shall covenant and agree that the lessee shall commence mining operations upon the leased lands within three years from the date of execution of the lease; provided that so long as the lessee is actively and on a substantial scale engaged in mining operations on at least one such lease on the same minerals, the covenant shall be suspended as to all other leases held by the lessee.
Any interested
party may, however, request that a mining lease contain a research period under
which the lessees shall be required to expend money in research and development
to establish a method to make economical the mining and processing of the [mineral
deposits contained] minerals identified in the lease. If the board
determines that the research period would be beneficial, it shall fix
the period of research and shall also fix a minimum expenditure for labor
performed or money spent by the lessee [in] on research and
development and the method by which the lessee shall establish that such
expenditure in fact be made. In such leases, the obligation to commence mining
operations within three years shall not commence until the expiration of the
research period.
(e) For the
period of the lease the lessee shall have the exclusive right of possession of
the minerals leased and the exclusive rights to mine and remove the minerals by
means which shall be reasonable and satisfactory to the board and to occupy and
use so much of the surface of the land as may reasonably be required, subject
to the provisions of section 182-3. The right to use the surface shall include
the right to erect transportation facilities thereon, construct plants for
beneficiating, drying, and processing the minerals for electric power
generation and transmission and such other uses as may be approved by the
board. Such other uses may include uses necessary or convenient to the [winning
and] processing of the minerals; provided that the lessee shall comply with
all water and air pollution control laws, and rules of the State or its
political subdivisions.
(f) The lessee
may retain all minerals separated from the land as a part of the process of
mining the minerals specified in the mining lease; provided that the lease may
prescribe the accounting and testing procedures by which the amount and quality
of such additional materials shall be determined for the purpose of computing
the excise tax thereon[.] and applicable royalty that may be set by
the board for the use of such minerals."
SECTION 14. Section 182-9, Hawaii Revised Statutes, is amended to read as follows:
"§182-9 Deposit;
first year's rental. All bidders shall, prior to the date of public
auction, post with the board [of land and natural resources a deposit
of $500.] the required deposit, as established by the department. The
board shall refund to unsuccessful bidders such amount within two days after
the auction. All bidders, prior to the auction, shall satisfy the board of
their financial ability to conduct mining operations and of their capability to
develop a mine. The successful bidder shall pay to the board the amount of the
first year's rental within two days after the acceptance of the bid by the
board and the [$500 deposit] required deposit, as established by the
department, shall be credited against such sum. If the deposit exceeds the
first year's rental, the excess shall be refunded. All rentals thereafter are
payable in advance once a year."
SECTION 15. Section 182-10, Hawaii Revised Statutes, is amended to read as follows:
"§182-10
Revocation of mining leases. A mining lease may be revoked if the lessee
fails to pay rentals when due or if any of the terms of the lease or of law are
not complied with, or if the lessee wholly ceases all mining operations for
other than reasons of force majeure or the uneconomic operation of the mining
lease for a period of one year without the written consent of the board [of
land and natural resources]; provided that the board shall give the lessee
notice of any default and the lessee shall have six months or such other time
limit as provided by the rules [and regulations] from the date of the
notice to remedy the default."
SECTION 16. Section 182-11, Hawaii Revised Statutes, is amended to read as follows:
"§182-11
Assignment. Any mining lease may be assigned in whole or in part, subject
to the approval of the board [of land and natural resources], to an
assignee who shall have the same qualifications as any bidder for a mining
lease. The assignee shall be bound by the terms of the lease to the extent as
if the assignee were the original lessee. The approval of the assignment by
the board shall release the assignor from any liabilities or duties under the
mining lease as to the portion thereof assigned except for any liability or
duty which arose prior to the approval of the assignment by the board and which
remains unsatisfied or unperformed."
SECTION 17. Section 182-13, Hawaii Revised Statutes, is amended to read as follows:
"§182-13
Surrender of mining leases. Any lessee of a mining lease, who has
complied fully with all the terms, covenants, and conditions of the existing
lease, may, with the consent of the board [of land and natural resources],
surrender at any time and from time to time all or any part of a mining lease
or the land contained therein upon payments as consideration therefor two
years' rent prorated upon the portion of the lease or land surrendered. The
lessee shall thereupon be relieved of any further liability or duty with
respect to the land or lease so surrendered; provided that nothing herein
contained shall constitute a waiver of any liability or duty the lessee may
have with respect to the land or lease surrendered as a result of any previous
activities conducted on the land or under the lease. Upon the termination,
cancellation, or surrender of any mining lease or any portion thereof, the
lessee shall have the right to remove any and all equipment, buildings, and
plants placed on the land surrendered by the holder of the mining lease. A
mining lease may also be surrendered if as a result of a final determination by
a court of competent jurisdiction, the lessee is found to have acquired no
rights in or to the minerals on [reserved] lands, nor the right to
exploit the same, pursuant to the lease, and, in such event, the lessee shall
be reimbursed for rentals paid to the State pursuant to the lease."
SECTION 18. Section 182-14, Hawaii Revised Statutes, is amended to read as follows:
"§182-14
Rules [and regulations]. Subject to chapter 91, the board [of
land and natural resources] may make, promulgate, and amend such
rules [and regulations] as it deems necessary to carry out this chapter
and to perform its duties thereunder, all commensurate with and for the purpose
of protecting the public interest. All such rules [and regulations]
shall have the force and effect of law."
SECTION 19. Section 182-15, Hawaii Revised Statutes, is amended to read as follows:
"§182-15
Other use of surface of state lands. Where mining leases are granted on
state lands, the board [of land and natural resources] may reserve to
the State the right to lease, sell, or otherwise dispose of the surface of the
lands embraced within the lease. The lease, sale, or other disposal of the
surface, if made, shall be subject to the rights of the holder of the mining
lease."
SECTION 20. Section 182-17, Hawaii Revised Statutes, is amended to read as follows:
"[[]§182-17[]]
Penalty for violation. (a) Any person who violates any provision
of this chapter, or any [regulation] rule adopted pursuant
hereto, [shall be fined not more than $500 for each offense.] may be subject to a fine imposed by the board.
Such fine shall not exceed $5,000 per violation. If any person after
receiving written notice for a violation fails to cure such violation within
such time and under such conditions as determined by [the rules and regulations,]
the board, such person shall be subject to a citation for a new and
separate violation. There shall be a fine of not more than [$500]
$5,000 for each additional violation.
(b) No provision of this chapter shall bar the right of any injured person to seek other legal or equitable relief against a violator of this chapter.
(c) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorney's fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter."
SECTION 21. Section 205-2, Hawaii Revised Statutes, is amended by amending subsections (b) to (d) to read as follows:
"(b) Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated.
In addition, urban districts shall include
geothermal resources exploration and geothermal resources development, as
defined under section 182-1, as permissible uses[.]; provided
that a geothermal resource permit may be required for geothermal resources
development in accordance with section 205- .
(c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than eighteen thousand five hundred square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot; provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities.
In addition to the uses listed in this
subsection, rural districts shall include geothermal resources exploration and
geothermal resources development, as defined under section 182‑1, as
permissible uses[.]; provided that a geothermal resource
permit may be required for geothermal resources development in accordance with
section 205- .
(d) [Agricultural] Permissible uses
in agricultural districts shall include:
(1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;
(2) Farming activities or uses related to animal husbandry and game and fish propagation;
(3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;
(4) Wind generated energy production for public, private, and commercial use;
(5) Biofuel production, as described in section 205‑4.5(a)(16), for public, private, and commercial use;
(6) Solar energy facilities; provided that:
(A) This paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B, C, D, or E; and
(B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser;
(7) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, agricultural-energy facilities as defined in section 205-4.5(a)(17), vehicle and equipment storage areas, and plantation community subdivisions as defined in section 205‑4.5(a)(12);
(8) Wind machines and wind farms;
(9) Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;
(10) Agricultural parks;
(11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
[[](14)[]] Geothermal resources exploration
and geothermal resources development, as defined under section 182-1; provided
that a geothermal resource permit may be required for geothermal resources
development in accordance with section 205- ; and
[[](15)[]] Agricultural-based commercial
operations, including:
(A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;
(B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items; and
(C) A retail food establishment owned and
operated by a producer and permitted under [[]title 11,[]]
chapter 12 of the rules of the department of health that prepares and serves
food at retail using products grown in Hawaii and value-added products that
were produced using agricultural products grown in Hawaii.
The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph.
Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d). Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."
SECTION 22. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses:
(1) Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber;
(2) Game and fish propagation;
(3) Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use;
(4) Farm dwellings, employee housing, farm buildings, or activities or uses related to farming and animal husbandry. "Farm dwelling", as used in this paragraph, means a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling;
(5) Public institutions and buildings that are necessary for agricultural practices;
(6) Public and private open area types of recreational uses, including day camps, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs, and overnight camps;
(7) Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures;
(8) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest;
(9) Agricultural-based
commercial operations as described in section [[]205-2(d)(15)[]];
(10) Buildings and uses, including mills, storage, and processing facilities, maintenance facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, and vehicle and equipment storage areas that are normally considered directly accessory to the above-mentioned uses and are permitted under section 205-2(d);
(11) Agricultural parks;
(12) Plantation community subdivisions, which as used in this chapter means an established subdivision or cluster of employee housing, community buildings, and agricultural support buildings on land currently or formerly owned, leased, or operated by a sugar or pineapple plantation; provided that the existing structures may be used or rehabilitated for use, and new employee housing and agricultural support buildings may be allowed on land within the subdivision as follows:
(A) The employee housing is occupied by employees or former employees of the plantation who have a property interest in the land;
(B) The employee housing units not owned by their occupants shall be rented or leased at affordable rates for agricultural workers; or
(C) The agricultural support buildings shall be rented or leased to agricultural business operators or agricultural support services;
(13) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(14) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(15) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;
(16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuels processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.
For the purposes of this paragraph:
"Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities.
"Biofuel processing facility" means a facility that produces liquid or gaseous fuels from organic sources such as biomass crops, agricultural residues, and oil crops, including palm, canola, soybean, and waste cooking oils; grease; food wastes; and animal residues and wastes that can be used to generate energy;
(17) Agricultural-energy facilities, including appurtenances necessary for an agricultural-energy enterprise; provided that the primary activity of the agricultural-energy enterprise is agricultural activity. To be considered the primary activity of an agricultural-energy enterprise, the total acreage devoted to agricultural activity shall be not less than ninety per cent of the total acreage of the agricultural-energy enterprise. The agricultural-energy facility shall be limited to lands owned, leased, licensed, or operated by the entity conducting the agricultural activity.
As used in this paragraph:
"Agricultural activity" means any activity described in paragraphs (1) to (3) of this subsection.
"Agricultural-energy enterprise" means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility.
"Agricultural-energy facility" means a facility that generates, stores, or distributes renewable energy as defined in section 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State.
"Appurtenances" means operational infrastructure of the appropriate type and scale for the economic commercial generation, storage, distribution, and other similar handling of energy, including equipment, feedstock, fuels, and other products of agricultural-energy facilities;
(18) Construction and operation of wireless communication antennas; provided that, for the purposes of this paragraph, "wireless communication antenna" means communications equipment that is either freestanding or placed upon or attached to an already existing structure and that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; provided further that nothing in this paragraph shall be construed to permit the construction of any new structure that is not deemed a permitted use under this subsection;
(19) Agricultural education programs conducted on a farming operation as defined in section 165-2, for the education and participation of the general public; provided that the agricultural education programs are accessory and secondary to the principal agricultural use of the parcels or lots on which the agricultural education programs are to occur and do not interfere with surrounding farm operations. For the purposes of this section, "agricultural education programs" means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in section 165-2;
(20) Solar energy facilities that do not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser; provided that this use shall not be permitted on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A; or
[[](21)[]] Geothermal resources exploration
and geothermal resources development, as defined under section 182‑1[.];
provided that a geothermal resource permit may be required for geothermal
resources development in accordance with section 205- ."
SECTION 23. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:
(1) Low density residential uses;
(2) Agricultural uses;
(3) Golf courses, golf driving ranges, and golf-related facilities;
(4) Public, quasi-public, and public utility facilities; and
(5) Geothermal resources exploration and geothermal
resources development, as defined under section 182‑1[.];
provided that a geothermal resource permit may be required for geothermal
resources development in accordance with section 205- .
In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2."
PART III
SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 25. This Act shall take effect on July 1, 2050.
Report Title:
Native Hawaiians; Recognition; Native Hawaiian Roll Commission; BLNR; Native Hawaiian Traditional and Customary Practice; Mineral Resources; Geothermal Resources
Description:
Requires annual reports from the Native Hawaiian Roll Commission. Amends the definition of "qualified Native Hawaiian" to include individuals who meet certain expanded ancestry requirements. Establishes that the Native Hawaiian roll commission is responsible for including in the roll all individuals already registered as Hawaiians or Native Hawaiians through the office of Hawaiian affairs. Repeals directive to amend the Hawaiian Homes Commission Act. Effective July 1, 2050 (part I). Promotes renewable energy in Hawaii by: (1) providing that all penalties, fees, and costs established and collected by the Department of Land and Natural Resources pursuant to Chapter 182, Hawaii Revised Statutes, be deposited in the Special Land and Development Fund; (2) including geothermal resources within the definition of a renewable energy producer; and (3) clarifying the permitting procedures for regulators and renewable energy developers considering geothermal development. Requires the use of an area or site within the conservation district for geothermal resources development to be governed by the board of land and natural resources. Authorizes certain county authorities to issue geothermal resource permits to allow geothermal resources development in an agricultural, rural, or urban district if the development is not considered a permissible use under the applicable county zoning ordinances or general plan. Repeals definition of and deletes references to "reserved lands" in chapter 182, Hawaii Revised Statutes. Effective July 1, 2050 (part II). (SD2).
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
