Grants authority to make land use district boundary amendments to appropriate county land use decision-making authority. Increases membership and designates ex officio members of the land use commission. Provides for review and monitoring of certain county land use decisions by the land use commission. Requires annual report by the land use commission. Makes conforming amendments.

A BILL FOR AN ACT

SECTION 1. The legislature finds that although the purposes of Hawaii's land use law remain as valid today as they were at the time of its enactment in 1961, the procedures through which these purposes must be realized have proven inadequate and unworkable. Under existing procedures the land use commission has become redundant and overly restrictive, an impediment to rational land use planning and reasonable land use decision-making.

The land use commission should be reconstituted as a reviewing body for the purpose of monitoring, approving, and reporting on land use district boundary decision-making by the counties, within the constitutional framework of state stewardship over important agricultural and natural resource areas. Mindful of the need for property rights to be determined in quasi-judicial contested case proceedings, the legislature mandates that the counties make impartial land use district boundary amendment decisions based on proven facts and established policies. The membership of the land use commission should be enlarged and ex officio members representing state agencies, the counties, and business, agricultural, and environmental interests should be designated.

The purpose of this Act is to set forth reforms intended to ensure the effective implementation of statewide land use policy by the counties with minimal oversight by the land use commission.

SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended to read as follows:

"§46-4 County zoning. (a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended.

(b) Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district to carry out the purposes of this section. In establishing or regulating the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zoning power granted herein shall be exercised by ordinance which may relate to:

(c) The council of any county shall prescribe rules, regulations, and administrative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances.

(d) Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court.

(e) Nothing in this section shall invalidate any zoning ordinance or regulation adopted by any county or other agency of government pursuant to the statutes in effect prior to July 1, 1957.

(f) The powers granted herein shall be liberally construed in favor of the county exercising them, and in such a manner as to promote the orderly development of each county or city and county in accordance with a long-range, comprehensive general plan to insure the greatest benefit for the State as a whole. This section shall not be construed to limit or repeal any powers of any county to achieve these ends through zoning and building regulations, except insofar as forest and water reserve zones are concerned and as provided in subsections (c) and (d).

(g) Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of nonconforming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall such amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses. Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter 262.

[(b)] (h) Any final order of a zoning agency established under this section may be appealed to the circuit court of the circuit in which the land in question is found[.]; provided that a final order of an appropriate county land use decision-making authority under chapter 205 shall be subject to review of the land use commission pursuant to section 205-4. The appeal shall be in accordance with the Hawaii rules of civil procedure.

[(c)] (i) Each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted.

[(d)] (j) Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents and that are licensed by the State as provided for under section 321-15.6, or in an intermediate care facility/mental retardation-community for persons, including mentally ill, elder, disabled, developmentally disabled, or totally disabled persons, who are not related to the home operator or facility staff; provided that those group living facilities meet all applicable county requirements not inconsistent with the intent of this subsection and including building height, setback, maximum lot coverage, parking, and floor area requirements.

[(e)] (k) No permit shall be issued by a county agency for the operation of a halfway house, a clean and sober home, or a drug rehabilitation home unless a public informational meeting is first held in the affected community. The State shall provide notification and access to relevant information, as required, under chapter 846E.

(l) A clean and sober home shall be considered a residential use of property and shall be a permitted or conditional use in residentially designated zones, including but not limited to zones for single-family dwellings.

[(f)] (m) For purposes of this section:

"Appropriate county land use decision-making authority" means a zoning agency or other entity established under this section and authorized to conduct contested case proceedings pursuant to chapter 205.

"Clean and sober home" means a house that is operated pursuant to a program designed to provide a stable environment of clean and sober living conditions to sustain recovery and that is shared by unrelated adult persons who:

"Developmentally disabled person" means a person suffering from developmental disabilities as defined under section 333F-1.

"Disabled person" means a person with a disability as defined under section 515-2.

"Drug rehabilitation home" means:

provided that drug rehabilitation homes shall not include halfway houses or clean and sober homes.

"Elder" means an elder as defined under section 201G-1.

"Halfway house" [is defined as] means a group living facility for people who:

are housed to participate in programs that help them readjust to living in the community.

"Intermediate care facility/mental retardation-community" [is defined as] means an identifiable unit providing residence and care for eight or fewer mentally retarded individuals. Its primary purpose is the provision of health, social, and rehabilitation services to the mentally retarded through an individually designed active treatment program for each resident. No person who is predominantly confined to bed shall be admitted as a resident of such a facility.

"Mental health treatment facility" means a psychiatric facility or special treatment facility as defined under section 334-1.

"Mentally ill person" means a mentally ill person as defined under section 334-1.

"Totally disabled person" means a "person totally disabled" as defined under section 235-1.

"Treatment program" means a "substance abuse program" or "treatment program", as those terms are defined under section 353G-2."

SECTION 3. Section 46-15.7, Hawaii Revised Statutes, is amended to read:

"[[]§46-15.7[]] Concurrent processing. When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a housing project, requests for amendments to these plans and zoning maps shall be allowed, if accepted for processing by the county, to be processed concurrently at the request of the applicant. In addition, [upon the request of the applicant,] these plan and zoning map amendment requests [may] shall be processed concurrently with any request to the [state land use commission] appropriate county land use decision-making authority for the redesignation of lands which would permit the development of the housing project.

For the purposes of this section:

"County community or development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan.

"Housing project" means a plan, design, or undertaking for the development of single- or multi-family housing, including any affordable housing component which may be required by the county council. A housing project may also include ancillary uses such as commercial and industrial uses which are an integral part of the development."

SECTION 4. Section 92-6, Hawaii Revised Statutes, is amended to read:

"§92-6 Judicial branch, quasi-judicial boards and investigatory functions; applicability. [(a)] This part shall not apply:

[(b) Notwithstanding provisions in this section to the contrary, this part shall apply to require open deliberation of the adjudicatory functions of the land use commission.]"

SECTION 5. Section 196D-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read:

"(a) Those functions identified in paragraphs (1) and (2) insofar as they relate to the permit application, review, processing, issuance, and monitoring of laws, and rules and to the enforcement of terms, conditions, and stipulations of permits and other authorizations issued by agencies with respect to the development, construction, installation, operation, maintenance, repair, and replacement of the project, or any portion or portions thereof, are transferred to the department. With respect to each of the statutory authorities cited in paragraphs (1) and (2), the transferred functions include all enforcement functions of the agencies or their officials under the statute cited as may be related to the enforcement of the terms, conditions, and stipulations of permits, including but not limited to the specific sections of the statute cited. "Enforcement", for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include:

SECTION 6. Section 201G-118, Hawaii Revised Statutes, is amended to read:

"§201G-118 Housing development; exemption from statutes, ordinances, charter provisions, rules. (a) The administration 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 which shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of units thereon; provided that:

(b) For the purposes of this section, "government assistance program" means a housing program qualified by the administration and administered or operated by the administration or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise."

SECTION 7. Section 205-1, Hawaii Revised Statutes, is amended to read as follows:

"§205-1 Establishment of the commission. (a) There shall be a state land use commission, hereinafter called the commission. The commission shall consist of [nine] fifteen members who [shall hold no other public office and] shall be appointed in the manner and serve for the term set forth in section 26-34. [One member shall be appointed from each of the counties and the remainder shall be appointed at large.] Two members shall be appointed representing the office of the governor, and one member shall be appointed representing the mayor of each of the counties, and each of the following: the Sierra Club Hawaii Chapter, the Outdoor Circle, the Chamber of Commerce of Hawaii, the Building Industry Association of Hawaii, the Hawaii Developers Council, and the Hawaii Farm Bureau Federation. The director of business, economic development, and tourism, the chairperson of the board of land and natural resources, and the chair of the board of trustees of the office of Hawaiian affairs, or their designated representatives, shall serve in their ex officio capacities. The commission shall elect its chairperson from one of its members. The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties. [Six] Ten affirmative votes shall be necessary for any [boundary amendment] action of the commission related to land use district boundaries.

(b) The commission shall be a part of the department of business, economic development, and tourism for administration purposes, as provided for in section 26-35.

(c) The commission may engage employees necessary to perform its duties, including administrative personnel and an executive officer. The executive officer shall be appointed by the commission and the executive officer's position shall be exempt from civil service. Departments of the state government shall make available to the commission such data, facilities, and personnel as are necessary for it to perform its duties. The commission may receive and utilize gifts and any funds from the federal or other governmental agencies. It shall adopt rules guiding its conduct, maintain a record of its activities and accomplishments, and make recommendations to the governor and to the legislature through the governor."

SECTION 8. Section 205-2, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There shall be four major land use districts in which all lands in the State shall be placed: urban, rural, agricultural, and conservation. The [land use commission] appropriate county land use decision-making authority shall group contiguous land areas suitable for inclusion in one of these four major districts. The [commission] appropriate county land use decision-making authority shall set standards for determining the boundaries of each district, provided that:

In establishing the boundaries of the districts in each county, the [commission] appropriate county land use decision-making authority shall give consideration to the master plan or general plan of the county."

2. By amending subsection (c) to read:

"(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] appropriate county land use decision-making authority for good cause may allow one lot of less than one-half acre, but not less than 18,500 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."

SECTION 9. Section 205-3, Hawaii Revised Statutes, is amended to read as follows:

"§205-3 Retention of district boundaries. Land use district boundaries existing as of [June 2, 1975,] the effective date of this Act shall continue in full force and effect subject to amendment as provided in this chapter or order of a court of competent jurisdiction based upon any litigation filed prior to July 1, [1975,] 2006, or filed within thirty days after service of a certified copy of any final decision and order made as part of the [commission's 1974 periodic boundary review,] next periodic review of districts by the land use commission, whichever occurs later."

SECTION 10. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:

"§205-4 Amendments to district boundaries [involving land areas greater than fifteen acres]. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the [land use commission] appropriate county land use decision-making authority for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands [greater than fifteen acres] in the agricultural, rural, and urban districts, except as provided in section 201G-118. The [land use commission] appropriate county land use decision-making authority shall adopt rules pursuant to chapter 91 to implement section 201G-118. The appropriate county land use decision-making authority shall consolidate proceedings pursuant to this chapter with county proceedings to amend the general plan, development or community plan, or zoning ordinance affecting the land sought to be reclassified. The authority shall adopt appropriate ordinances and rules to allow the conduct of consolidated proceedings pursuant to this section.

(b) Upon proper filing of a petition pursuant to subsection (a) the [commission shall,] appropriate county land use decision-making authority within not less than sixty and not more than one hundred and eighty days, shall conduct a hearing [on the appropriate island] in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.

(c) Any other provision of law to the contrary notwithstanding, notice of the hearing together with a copy of the petition shall be served on the [county planning commission and the county planning department of the county in which the land is located] land use commission, the office of planning, and all persons with a property interest in the land as recorded in the county's real property tax records. In addition, notice of the hearing shall be mailed to all persons who have made a timely written request for advance notice of boundary amendment proceedings, and public notice shall be given at least once in the county in which the land sought to be redistricted is situated as well as once statewide at least thirty days in advance of the hearing. The notice shall comply with section 91-9, shall indicate the time and place that maps showing the proposed district boundary may be inspected, and further shall inform all interested persons of their rights under subsection (e).

(d) Any other provisions of law to the contrary notwithstanding, prior to hearing of a petition the [commission] appropriate county land use decision-making authority and its staff may view and inspect any land which is the subject of the petition.

(e) Any other provisions of law to the contrary notwithstanding, agencies and persons may intervene in the proceedings in accordance with this subsection.

(f) Together with other witnesses that the [commission] appropriate county land use decision-making authority may desire to hear at the hearing, it shall allow a representative of a citizen or a community group to testify who indicates a desire to express the view of such citizen or community group concerning the proposed boundary change.

(g) Within a period of not more than three hundred sixty-five days after the proper filing of a petition, unless otherwise ordered by a court, or unless a time extension, which shall not exceed ninety days, is established by a two-thirds vote of the members of the [commission] appropriate county land use decision-making authority, the authority, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions necessary to uphold the intent and spirit of this chapter or the policies and criteria established pursuant to section 205-17 or to assure substantial compliance with representations made by the petitioner in seeking a boundary change. The [commission] authority may provide by condition that absent substantial commencement of use of the land in accordance with such representations, the [commission] authority shall issue and serve upon the party bound by the condition an order to show cause why the property should not revert to its former land use classification or be changed to a more appropriate classification. Such conditions, if any, shall run with the land and be recorded in the bureau of conveyances.

(h) No amendment of a land use district boundary shall be approved unless the [commission] appropriate county land use decision-making authority finds upon the clear preponderance of the evidence that the proposed boundary is reasonable, not violative of section 205-2 and part III of this chapter, and consistent with the policies and criteria established pursuant to sections 205-16 and 205-17. [Six affirmative votes of the commission] A two-thirds affirmative vote of all members to whom the authority is entitled shall be necessary for any boundary amendment under this section.

(i) Boundary amendments of agricultural or conservation land use districts shall be subject to review by the land use commission. The commission may impose additional conditions or restrictions as may be necessary or appropriate during its review, but only for the purposes of subsection (g).

(j) A copy of a decision under subsection (i) together with the complete record of the proceeding before the appropriate county land use decision-making authority shall be transmitted to the land use commission within sixty days after the decision is rendered. Within forty-five days after receipt of the complete record from the appropriate county land use decision-making authority, the commission shall act to approve, approve with modification, or disapprove the decision.

[(i)] (k) Parties to proceedings to amend land use district boundaries may obtain judicial review [thereof] of final action in the manner set forth in section 91-14, provided that the court may also reverse or modify a finding of the [commission] appropriate county land use decision-making authority if such finding appears to be contrary to the clear preponderance of the evidence.

[(j)] (l) At the hearing[,] before the appropriate county land use decision-making authority, all parties may enter into appropriate stipulations as to findings of fact, conclusions of law, and conditions of reclassification concerning the proposed boundary change. The [commission] authority may but shall not be required to approve such stipulations based on the evidence adduced."

SECTION 11. Section 205-4.1, Hawaii Revised Statutues, is amended to read as follows:

"§205-4.1 Fees. The [commission] appropriate county land use decision-making authority may establish reasonable fees for the filing of boundary amendment petitions and petitions for intervention to cover the cost of processing thereof and for the reproduction of maps and documents. The [commission] appropriate county land use decision-making authority also may assess a reasonable fee or require reimbursements to be made for court reporter expenses, the inexcusable absence of a party from a boundary amendment proceeding, and any other reimbursements for hearing expenses as determined by the [commission] authority. Any fees collected shall be deposited to the credit of the [general fund] county treasury."

SECTION 12. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Within agricultural districts, uses compatible [to] with the activities described in section 205-2 as determined by the [commission] appropriate county land use decision-making authority shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot, which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements."

SECTION 13. Section 205-5.1, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The board of land and natural resources shall have the responsibility for designating areas as geothermal resource subzones as provided under section 205-5.2; except that the total area within an agricultural district which is the subject of a geothermal mining lease approved by the board of land and natural resources, any part or all of which area is the subject of a special use permit issued by the county for geothermal development activities, on or before May 25, 1984, is designated as a geothermal resource subzone for the duration of the lease. The designation of geothermal resource subzones shall be governed exclusively by this section and section 205-5.2, except as provided therein. The board shall adopt, amend, or repeal rules related to its authority to designate and regulate the use of geothermal resource subzones in the manner provided under chapter 91.

The authority of the board to designate geothermal resource subzones shall be an exception to those provisions of this chapter and of section 46-4 authorizing the [land use commission] appropriate county land use decision-making authority and the counties to establish and modify land use districts and to regulate uses therein. The provisions of this section shall not abrogate nor supersede the provisions of chapters 182, 183, and 183C.

(c) The use of an area for geothermal development activities within a geothermal resource subzone shall be governed by the board within the conservation district and, except as herein provided, by state and county statutes, ordinances, and rules not inconsistent herewith within agricultural, rural, and urban districts, except that no [land use commission] appropriate county land use decision-making authority approval or special use permit procedures under section 205-6 shall be required for the use of such subzones. In the absence of provisions in the county general plan and zoning ordinances specifically relating to the use and location of geothermal development activities in an agricultural, rural, or urban district, the appropriate county authority may issue a geothermal resource permit to allow geothermal development activities. "Appropriate county authority" means the county planning commission unless some other agency or body is designated by ordinance of the county council. Such uses as are permitted by county general plan and zoning ordinances, by the appropriate county authority, shall be deemed to be reasonable and to promote the effectiveness and objectives of this chapter. Chapters 177, 178, 182, 183, 183C, 205A, 226, 342, and 343 shall apply as appropriate. If provisions in the county general plan and zoning ordinances specifically relate to the use and location of geothermal development activities in an agricultural, rural, or urban district, the provisions shall require the appropriate county authority to conduct a public hearing on any application for a geothermal resource permit to determine whether the use is in conformity with the criteria specified in subsection (e) for granting geothermal resource permits; provided that within the urban, rural, and agricultural land use districts, direct use applications of geothermal resources are permitted without any application for a geothermal resource permit both within and outside of areas designated as geothermal resource subzones pursuant to section 205-5.2 if such direct use applications are in conformance with all other applicable state and county land use regulations and are in conformance with this chapter."

SECTION 14. Section 205-6, Hawaii Revised Statutes, is amended to read as follows:

"§205-6 Special permit. (a) Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified. Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired. Each county may establish the appropriate fee for processing the special permit petition. Copies of the special permit petition shall be forwarded to the [land use commission,] the office of planning[,] and the department of agriculture for their review and comment.

(b) The county planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only, in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur. The county planning commission shall notify [the land use commission and such] persons and agencies that may have an interest in the subject matter of the time and place of the hearing.

(c) The county planning commission [may], under such protective restrictions as may be deemed necessary, may permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a use proposed for designated important agricultural lands shall not conflict with any part of this chapter. A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission.

(d) [Special permits for land the area of which is greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the land use commission. The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant.

(e) A copy of the decision, together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres or for lands designated as important agricultural lands, shall be transmitted to the land use commission within sixty days after the decision is rendered.

Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition.] A denial [either] by the county planning commission [or by the land use commission, or a modification by the land use commission, as the case may be,] of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure.

[(f)] (e) Land uses substantially involving or supporting educational ecotourism, related to the preservation of native Hawaiian endangered, threatened, proposed, and candidate species, that are allowed in an approved habitat conservation plan under section 195D-21 or safe harbor agreement under section 195D-22, which are not identified as permissible uses within the agricultural district under sections 205-2 and 205-4.5, may be permitted in the agricultural district by special permit under this section, on lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U."

SECTION 15. Section 205-7, Hawaii Revised Statutes, is amended to read as follows:

"§205-7 Adoption, amendment or repeal of rules. The land use commission and the appropriate county land use decision-making authority shall adopt, amend, or repeal rules relating to matters within its jurisdiction in the manner prescribed in chapter 91."

SECTION 16. Section 205-12, Hawaii Revised Statutes, is amended to read as follows:

"§205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the [land use commission] appropriate county land use decision-making authority and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the land use commission all violations."

SECTION 17. Section 205-14, Hawaii Revised Statutes, is amended to read as follows:

"§205-14 Adjustments of assessing practices. Upon the adoption of district boundaries, certified copies of the classification maps showing the district boundaries shall be filed with the [department of taxation.] county department of finance. Thereafter, the [department of taxation shall,] county department of finance when making assessments of property within a district, shall give consideration to the use or uses that may be made thereof as well as the uses to which it is then devoted."

SECTION 18. Section 205-16, Hawaii Revised Statutes, is amended to read as follows:

"§205-16 Compliance with the Hawaii state plan. No amendment to any land use district boundary nor any other action by the [land use commission] appropriate county land use decision-making authority shall be adopted unless such amendment or other action conforms to the Hawaii state plan."

SECTION 19. Section 205-17, Hawaii Revised Statutes, is amended to read as follows:

"§205-17 Land use [commission] decision-making criteria. In its review of any petition for reclassification of district boundaries pursuant to this chapter, the [commission] appropriate county land use decision-making authority shall specifically consider the following:

SECTION 20. Section 205-18, Hawaii Revised Statutes, is amended to read as follows:

"§205-18 Periodic review of districts. (a) The [office of planning] land use commission shall undertake a review of the classification and districting of all lands in the State, within [five years from December 31, 1985,] one year from December 31, 2006, and every fifth year thereafter[.]; provided that the commission shall each year review the siting of public facilities within the counties. The [office,] commission, in its five-year boundary review, shall focus its efforts on reviewing the Hawaii state plan, county general plans, and county development and community plans. Upon completion of the five-year boundary review, the [office] commission shall hold a public hearing pursuant to section 91-3 within each county and shall submit a report of [the] its findings and recommendations to the [commission.] appropriate county land use decision-making authority and to the legislature. The [office] authority may initiate [state] land use boundary amendments which it deems appropriate to conform to these plans and to sections 205-2, 205-16, 205-17, and part III of this chapter. The [office] commission may seek assistance of the office of planning and appropriate state and county agencies and may employ consultants and undertake studies in making this review.

(b) The land use commission shall submit a report to the legislature on its review of county land use boundary amendment decisions and its actions pursuant to subsections 205-4(i) and 205-4(j), and its review of the siting of public facilities within the counties, no later than twenty days prior to the convening of each regular session."

SECTION 21. Section 205-45, Hawaii Revised Statutes, is amended by amending subsection (d) to read:

"(d) Designating important agricultural lands by the commission shall not be considered as an amendment to district boundaries under [sections 205-3.1 and] section 205-4 or become effective prior to legislative enactment of protection and incentive measures for important agricultural land and agricultural viability, as provided in section 9 of Act 183, Session Laws of Hawaii 2005."

SECTION 22. Section 205-50, Hawaii Revised Statutes, is amended to read:

"[[]§205-50[]] Standards and criteria for the reclassification or rezoning of important agricultural lands. (a) Any land use district boundary amendment or change in zoning involving important agricultural lands identified pursuant to this chapter shall be subject to this section.

(b) Upon acceptance by the county for processing, any application for a special permit involving important agricultural lands shall be referred to the department of agriculture and the office of planning for review and comment.

(c) Any decision by the [land use commission or county] appropriate county land use decision-making authority pursuant to this section shall specifically consider the following standards and criteria:

(d) Any decision pursuant to this section shall be based upon a determination that:

(e) The standards and criteria of this section shall be in addition to:

(f) Any decision of the [land use commission and any decision of any county] appropriate county land use decision-making authority on a land use district boundary amendment or change in zoning involving important agricultural lands shall be approved by the body responsible for the decision by a two-thirds vote of the membership to which the body is entitled.

(g) A farmer or landowner with qualifying lands may also petition the land use commission to remove the "important agricultural lands" designation from lands if a sufficient supply of water is no longer available to allow profitable farming of the land due to governmental actions, acts of God, or other causes beyond the farmer's or landowner's reasonable control."

SECTION 23. Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read:

"(b) The office of planning shall gather, analyze, and provide information to the governor to assist in the overall analysis and formulation of state policies and strategies to provide central direction and cohesion in the allocation of resources and effectuation of state activities and programs, and effectively address current or emerging issues and opportunities. More specifically, the office shall engage in the following activities:

SECTION 24. Sections 6K-6, 46-15, 171-49.7, 183C-3, 201G-12, 201H-12, 205A-2, 246-10, 279E-1, and 343-5 are amended by substituting the words "appropriate county land use decision-making authority" wherever the words "land use commission" or "state land use commission" appear, as the context requires.

SECTION 25. Section 205-3.1, Hawaii Revised Statutes, is repealed.

["§205-3.1 Amendments to district boundaries. (a) District boundary amendments involving lands in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands shall be processed by the land use commission pursuant to section 205-4.

(b) Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands less than fifteen acres presently in the rural and urban districts and lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands.

(c) District boundary amendments involving land areas of fifteen acres or less, except as provided in subsection (b), shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that such boundary amendments and approved uses are consistent with this chapter. The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or such other proceedings. Appropriate ordinances and rules to allow consolidation of such proceedings may be developed by the county land use decision-making authority.

(d) The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the department of business, economic development, and tourism and shall notify the commission and the department of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision. Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the department of business, economic development, and tourism by the county planning director."]

SECTION 26. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 27. This Act shall take effect upon its approval; provided that section 6 shall take effect on July 2, 2006.