SB1584

SECTION 1. The counties have general plans, and in some cases, community development plans, and regional or district development plans. These result from their long‑range planning efforts, and have been adopted after local community input. To guide growth and development to areas designated by these county planning documents, it is often necessary to redistrict land, to encourage a more compact development pattern, and to discourage sprawl and leap‑frog development.

Under current law, however, all boundary amendments at the land use commission go through the contested case hearing process that allows intervention by third parties, formal trial‑type hearings, preparation of findings of fact, conclusions of law, and decision and orders, and the possibility of judicial appeal. As a result, the counties have rarely initiated boundary amendments because they must go through the same process as private applicants.

The purpose of this Act is to streamline the process used by the land use commission when a county or the office of planning petitions for boundary amendments that implement county plans.

Pursuant to this Act, the land use commission may make a decision on a petition through a quasi‑legislative process, similar to the process used by a county council in deciding a rezoning application or a boundary amendment petition of less than fifteen acres.

The commission would take public testimony, and the commissioners would make a decision based on the record. As with current law, the boundary amendment would need six affirmative votes of the commission to pass. This procedure would be limited to a comprehensive boundary review that the counties or the office of planning could initiate only once every five years to encourage a more comprehensive, planning‑driven and proactive approach.

SECTION 2. Section 205‑4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 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.~~] sections 201H-38 and 205-18. The land use commission shall adopt rules pursuant to chapter 91 to implement section [~~201G‑118.~~] 201H-38."

SECTION 3. Section 205-18, Hawaii Revised Statutes, is amended to read as follows:

"§205-18 Periodic review of districts. [The office of planning shall undertake a review of the classification and districting of all lands in the State, within five years from December 31, 1985, and every fifth year thereafter. The office, 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 shall submit a report of the findings to the commission. The office may initiate state land use boundary amendments which it deems appropriate to conform to these plans. The office may seek assistance of appropriate state and county agencies and may employ consultants and undertake studies in making this review.] (a) Each county, and the office of planning, may submit a petition containing multiple proposed boundary amendments that shall be separately listed within the petition. Each county is limited to one petition for any island every five years, and the office of planning is limited to one petition for any island every five years. Each proposed boundary amendment must be consistent with a land use map contained in the county general plan, community development plan, regional development plan, or district development plan, or other similar comprehensive plan, adopted by ordinance.

(b) Upon proper filing of a petition, the commission shall, within not less than thirty and not more than ninety days, conduct a hearing or hearings on the appropriate island. Chapter 92 shall apply to the proceedings, but the petition shall not be subject to the contested case provisions contained in sections 91-8, 91-9, 91-9.5, 91‑10, 91‑11, 91‑12, 91‑13, and 91‑14. The commission shall decide the petition solely on matters presented in the record and on testimony at the hearing. Ex parte communications with the members of the commission on the subject matter of the petition shall be prohibited.

(c) Anything to the contrary notwithstanding, notice of the hearing or hearings shall be served on the office of planning, the county planning commission and county planning department of the county in which the land is located, 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 reclassified is situated as well as once statewide at least thirty days in advance of the hearing or hearings. The notice shall indicate the time and place that maps showing the proposed district boundary may be inspected and the date, time, and place where the hearing will be held.

(d) Anything to the contrary notwithstanding, prior to a hearing on the petition, the commission and its staff may view and inspect any land that is the subject of the application.

(e) The commission may take action separately on proposed boundary amendments contained within the petition or act on the petition as a whole. No boundary amendment shall be approved unless the commission finds upon the clear preponderance of the evidence that the proposed boundary amendment is reasonable, not violative of section 205‑2 and consistent with the policies and criteria established pursuant to sections 205‑16 and 205‑17(1) and (2). Six affirmative votes of the commission shall be necessary to enact a boundary amendment under this section. (f) Within three hundred sixty‑five days after the proper filing of a petition, the commission shall either approve or deny the petition as a whole, approve the petition subject to conditions, in whole or in part, or deny the petition, in whole or in part. Any land that is denied reclassification under this section may be the subject of a petition under sections 205‑3.1 or 205‑4, as applicable, after six months from the date of denial.

(g) Any subsequent county rezoning of property that is the subject of a boundary amendment under this section shall contain conditions that address the concerns of section 205‑17(3). The counties shall give the appropriate state agencies the opportunity to comment upon any such rezoning action. The rezoning process shall incorporate the requirements for the protection of historic sites and burials contained in sections 6E‑42 and 6E‑43, and any rules adopted thereunder, provided that any applicable studies shall be done in the rezoning process, and not during the periodic boundary amendment process."

SECTION 4. Section 343‑5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, an environmental assessment shall be required for actions that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205-2(d)(9) or [[]205-4.5(a)(13)[]] shall only be required pursuant to section 205-5(b); provided further that an environmental assessment shall not be required for any county or office of planning petition filed pursuant to section 205-18, except for a petition that proposes any reclassification of land classified as a conservation district by the state land use commission under chapter 205;

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within a shoreline area as defined in section 205A‑41;

(4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89‑665, or chapter 6E;

(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

(6) Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

(7) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

(8) Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

(A) Any land classified as a conservation district by the state land use commission under chapter 205;

(B) A shoreline area as defined in section 205A‑41; or

(C) Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89‑665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; and

(9) Propose any:

(A) Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single‑family dwellings or the equivalent;

(B) Waste‑to‑energy facility;

(D) Oil refinery; or

(E) Power‑generating facility."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1584
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII