REPORT TITLE:
Conservation district


DESCRIPTION:
Highlights the importance of preserving scenic resources in the
conservation district.  Establishes guidelines for the board of
land and natural resources to use in considering applications for
the construction of high voltage electric transmission lines in
the conservation district and in the approval of high-voltage
electric transmission lines greater than forty-six kilovolts in
the conservation district.  Amends the procedure for the approval
of applications for high-voltage electric transmission lines in
the conservation district. (HB595 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        595
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONSERVATION DISTRICTS.



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

 1      SECTION 1.  The legislature finds that the natural beauty of
 
 2 the State is important to the quality of life of Hawaii residents
 
 3 and to the State's visitor industry, which depends on scenic
 
 4 resources for its success.  The preservation of natural, scenic
 
 5 resources is thus a significant state goal, which is stated in a
 
 6 number of existing statutes, such as the Hawaii State Plan and
 
 7 the Coastal Zone Management Act.
 
 8      The legislature further finds that overhead high-voltage
 
 9 electric transmission lines diminish the natural scenic beauty of
 
10 the State.  Poles and towers for high-voltage transmission lines
 
11 can be one hundred feet or more in height.  Poles, towers, and
 
12 conducting wires can be seen from great distances,
 
13 industrializing and degrading the natural landscape.
 
14      The conservation district includes many of the most scenic
 
15 natural landscapes in the State, including pu`u, ridges,
 
16 mountains, and other prominent physiographic features that
 
17 provide a backdrop of beauty for urban, rural, and agricultural
 
18 lands.  As a matter of state policy, the placement of high
 
19 voltage electric transmission lines in the conservation district
 
20 should be avoided.
 

 
Page 2                                                     595
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 1      The legislature believes that this Act is consistent with,
 
 2 and builds upon, the work of the 1997 legislature which passed
 
 3 H.B. No. 2239, H.D. 2, which was enacted as Act 95, Session Laws
 
 4 of Hawaii 1997, relating to utility lines.  Act 95 requires that
 
 5 the public utilities commission take into consideration a series
 
 6 of financial, economic, social, environmental, health, and safety
 
 7 factors when evaluating the placement of one hundred thirty-eight
 
 8 kilovolt high voltage electric transmission lines.  These factors
 
 9 are to be weighed in deciding whether a transmission line will be
 
10 constructed overhead or underground in any of the state land use
 
11 districts.
 
12      The purpose of this Act is to:
 
13      (1)  Highlight the importance of preserving scenic resources
 
14           in the conservation district;
 
15      (2)  Establish guidelines for the board of land and natural
 
16           resources to use in considering applications for the
 
17           construction of high voltage electric transmission
 
18           lines in the conservation district;
 
19      (3)  Establish guidelines for the approval of high-voltage
 
20           electric transmission lines greater than forty-six
 
21           kilovolts in the conservation district; and
 
22      (4)  Amend the procedure for the approval of applications
 
23           for high-voltage electric transmission lines in a
 
24           conservation district.
 

 
Page 3                                                     595
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Chapter 183C, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§183C-    High voltage electric transmission lines.  (a)
 
 5 In considering an application to construct a high voltage
 
 6 electric transmission line of greater than forty-six kilovolts in
 
 7 a conservation district, the board shall consider and make a
 
 8 determination on the following guidelines:
 
 9      (1)  Whether the transmission lines and supporting poles or
 
10           towers encroach upon a public view of a natural
 
11           landscape that exhibits a high degree of intactness or
 
12           vividness;
 
13      (2)  Whether the transmission lines and supporting poles or
 
14           towers encroach upon the summit of a pu`u, ridge, or
 
15           other prominent physiographic feature;
 
16      (3)  Whether the transmission lines and any facilities,
 
17           structures, or access roads that support the
 
18           transmission lines are sited so that the transmission
 
19           lines and any such supporting facilities, structures,
 
20           or access roads are not visible from public viewpoints;
 
21           and
 
22      (4)  Whether the transmission lines and any facilities and
 
23           structures use building materials and colors of
 

 
Page 4                                                     595
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 1           otherwise permissible transmission lines and supporting
 
 2           facilities, structures, or access roads which blend
 
 3           with the natural landscape.
 
 4      (b)  Whenever the board determines that any of the
 
 5 guidelines in subsection (a) is present, the board shall deny the
 
 6 permit unless the applicant clearly and fully states and supports
 
 7 that every alternative has been considered to avoid or mitigate
 
 8 the guidelines present and the guidelines present cannot be
 
 9 avoided or mitigated.
 
10      (c)  The department shall give notice and hold a public
 
11 hearing within one hundred eighty days of the acceptance of a
 
12 completed application.  Notwithstanding any other provision of
 
13 this chapter to the contrary, including section 183C-6(b),
 
14 approval of an application to construct a high-voltage electric
 
15 transmission line of greater than forty-six kilovolts shall not
 
16 occur automatically if the department fails to render a decision
 
17 within one hundred eighty days of the acceptance of a completed
 
18 application.  Approval shall require the affirmative vote of a
 
19 majority of the members of the board."
 
20      SECTION 3.  Section 183C-1, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]§183C-1[]]  Findings and purpose.  The legislature finds
 
23 that lands within the state land use conservation district
 

 
Page 5                                                     595
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 contain important natural and scenic resources essential to the
 
 2 preservation of the State's fragile natural ecosystems [and], the
 
 3 sustainability of the State's water supply[.], the viability of
 
 4 industries that depend on the maintenance of Hawaii's natural
 
 5 beauty, and the quality of life of Hawaii residents.  It is
 
 6 therefore, the intent of the legislature to conserve, protect,
 
 7 and preserve the important natural resources of the State through
 
 8 appropriate management and use to promote their long-term
 
 9 sustainability and the public health, safety and welfare."
 
10      SECTION 4.  Section 183C-4, Hawaii Revised Statutes, is
 
11 amended by amending subsection (b) to read as follows:
 
12      "(b)  The department shall adopt rules governing the use of
 
13 land within the boundaries of the conservation district that are
 
14 consistent with the conservation of necessary forest growth, the
 
15 conservation and development of land and natural resources
 
16 adequate for present and future needs, and the conservation and
 
17 preservation of scenic resources and open space areas for public
 
18 use and enjoyment.  No use except a nonconforming use as defined
 
19 in section 183C-5, shall be made within the conservation district
 
20 unless the use is in accordance with a zoning rule."
 
21      SECTION 5.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 6.  This Act shall take effect upon its approval;
 
 2 provided that this Act shall apply upon approval to all pending
 
 3 conservation district use applications on which final action has
 
 4 not yet occurred.