REPORT TITLE:
Land Use; Site Assessment


DESCRIPTION:
Establishes a land evaluation site assessment rating system for
the State.  Establishes standards, criteria, permissible uses,
and policies for the designation and protection of the
agricultural district.  Adds an open district classification to
the state land use system.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1223
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT
RELATING TO LAND USE.



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

 1      SECTION 1.  The purpose of this Act is to enact a land
 
 2 evaluation and site assessment system and other appropriate
 
 3 amendments to the state land use law, to conserve and protect
 
 4 agricultural lands in accordance with article XI, section 3, of
 
 5 the state constitution, and to address the significant
 
 6 constitutional, statutory, and socio-economic changes that have
 
 7 occurred since the passage of the law in 1961 and the last major
 
 8 land use district boundary review conducted in 1974.
 
 9      Pursuant to article XI, section 3, of the state
 
10 constitution, the legislature, through Act 273, Session Laws of
 
11 Hawaii 1983, established the State of Hawaii land evaluation and
 
12 site assessment commission to develop standards, criteria, and
 
13 procedures which are designed to conserve and protect
 
14 agriculturally suitable lands.
 
15      The land evaluation and site assessment commission developed
 
16 a land evaluation and site assessment system, consisting of
 
17 agricultural production projections and goals, standards, and
 
18 criteria to determine, identify, and delineate agricultural
 
19 lands, and procedures to implement the system.  The
 
20 identification system was designed to consist of two parts:  (1)
 

 
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 1 a land evaluation aspect which considered the overall quality of
 
 2 the physical properties of the land; and (2) a site assessment
 
 3 aspect which considered the compatibility of the site to
 
 4 agricultural uses.  The commission was directed to allocate
 
 5 points to the various factors evaluated under each part and to
 
 6 exercise its discretion in adding, deleting, or assigning weights
 
 7 to these factors.  The findings, conclusions, and recommendations
 
 8 of the commission are contained in its February, 1986, report to
 
 9 the legislature entitled "A Report of the State of Hawaii Land
 
10 Evaluation and Site Assessment System".  As provided by Act 148,
 
11 Session Laws of Hawaii 1985, the commission ceased to exist upon
 
12 the adjournment sine die of the 1986 session of the regular
 
13 session of the legislature.
 
14      The report of the land evaluation and site assessment
 
15 commission recommends that the legislature adopt the standards,
 
16 criteria, and procedures developed by the commission and that the
 
17 land use commission revise the current boundaries of the
 
18 agricultural lands district and subsequently administer the
 
19 district boundaries with reference to the land evaluation and
 
20 site assessment system.
 
21      The land evaluation and site assessment commission found
 
22 that approximately seven hundred thousand acres of agricultural
 
23 lands are required to meet the projected needs of the State's
 

 
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 1 agricultural industry.  The legislature finds that currently
 
 2 there are approximately two million acres in the State,
 
 3 classified by the land use commission as agricultural lands.  In
 
 4 view of these numbers, and in view of the need of land for
 
 5 affordable housing and for conservation, the legislature finds
 
 6 that there is a need to reexamine all of the lands in the
 
 7 agricultural district and to redesignate some of these lands to
 
 8 other land use classifications, where the lands may be more
 
 9 objectively judged as to their ultimate land uses.
 
10      In 1986, the legislature directed the office of planning to
 
11 prepare a set of maps for the State identifying the agricultural
 
12 lands needed to satisfy the land evaluation and site assessment
 
13 commission's agricultural production projections and goals, based
 
14 on the application of the land evaluation and site assessment
 
15 commission's recommended rating system.  The office of planning
 
16 was also directed to conduct an analysis to ascertain the
 
17 validity of the recommended method to identify important
 
18 agricultural lands.  The legislature directs that the maps
 
19 prepared by the office of planning be used by the land use
 
20 commission as the basis to revise and reestablish the boundaries
 
21 of the agricultural district.
 
22      The conceptual framework of this Act is based on the premise
 
23 that lands situated in the State which are particularly suitable
 

 
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 1 for agricultural use should be placed in a preferred status to be
 
 2 guarded from encroachment and maintained for productive
 
 3 agricultural use.  Accordingly, all permissible uses in the
 
 4 agricultural district are restricted to the uses which are
 
 5 directly agricultural, primarily serve agricultural purposes, or
 
 6 accessory to agricultural uses.
 
 7      SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended
 
 8 by adding four new sections to be appropriately designated and to
 
 9 read as follows:
 
10      "205-    Adoption of land evaluation and site assessment
 
11 system.  (a)  A land evaluation and site assessment rating system
 
12 shall be used to identify agricultural lands in Hawaii.  The
 
13 system shall be composed of a land evaluation composite rating
 
14 and a site assessment rating.
 
15      (b)  The land evaluation composite rating is a numerical
 
16 score consisting of the sum of:
 
17      (1)  United States Soil Conservation Service land capability
 
18           classification, times a weight of one;
 
19      (2)  Department of agriculture agricultural lands of
 
20           importance to the State of Hawaii classification, times
 
21           a weight of one;
 
22      (3)  Land study bureau overall (master) productivity rating,
 
23           times a weight of 1.5;
 

 
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 1      (4)  Land study bureau modified storie index, times a weight
 
 2           of one;
 
 3      (5)  United States Soil Conservation Service soil potential
 
 4           index, times a weight of 1.5.
 
 5      The land capability classification, the agricultural lands
 
 6 of importance to the State of Hawaii classification, and the
 
 7 overall productivity rating, shall be converted to numeric values
 
 8 in accordance with the land evaluation and site assessment
 
 9 commission's report.
 
10      (c)  The site assessment rating means a numerical score
 
11 consisting of the sum of four equally weighted factors:
 
12      (1)  Conformance with county plan land use designation;
 
13      (2)  Availability of irrigation water or the extent to which
 
14           potential irrigation water is reasonably or likely to
 
15           be available;
 
16      (3)  Distance from urban infrastructure and services; and
 
17      (4)  Presence of on-site capital improvements.
 
18      The overall land evaluation and site assessment rating is
 
19 the average of the land evaluation composite rating and the site
 
20 assessment rating in which both individual ratings and the
 
21 composite rating are on a scale from 0 to 100.
 
22      (d)  The overall land and site assessment rating of a
 
23 particular parcel of land shall determine whether that parcel of
 

 
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 1 land falls above or below the threshold value that identifies
 
 2 lands within a county which are needed to meet the agricultural
 
 3 production goals of the State.  The agricultural district shall
 
 4 provide sufficient agricultural land acreage in each county to
 
 5 meet state agricultural production goals.  The state agricultural
 
 6 goals, as determined by the land evaluation and site assessment
 
 7 commission, shall be reviewed by a task force convened by the
 
 8 office of planning, to include the chairperson of the board of
 
 9 agriculture; the chairperson of the board of land and natural
 
10 resources; the director of the office of planning; the planning
 
11 directors of the four counties; and ten members appointed by the
 
12 governor from a list of nominees submitted by the president of
 
13 the senate and the speaker of the house of representatives.  The
 
14 ten members shall include representatives of the Hawaiian Sugar
 
15 Planters' Association, the pineapple industry, the college of
 
16 tropical agriculture and human resources of the University of
 
17 Hawaii, the Hawaii Association of Conservation Districts, the
 
18 Hawaii Farm Bureau Federation, the large landowners, and
 
19 agricultural workers, and three members from the general public.
 
20 Threshold land evaluation and site assessment scores, needed to
 
21 identify the lands required to meet the target agricultural
 
22 production acreages, shall be established by the task force.
 
23      A review of agricultural production goals and acreage
 

 
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 1 requirements shall be undertaken by a task force in conjunction
 
 2 with each five-year periodic review of districts conducted by the
 
 3 office of planning, pursuant to section 205-18, that occurs after
 
 4 July 1, 2001.  In establishing and administering boundary
 
 5 amendments of the agricultural district, the commission shall
 
 6 favor inclusion in the agricultural district, lands with land
 
 7 evaluation and site assessment scores above the threshold score.
 
 8      (e)  In administering petitions for amendments to the
 
 9 boundaries of the agricultural districts, the land use commission
 
10 shall determine whether economic, social, or physical conditions
 
11 have changed sufficiently to warrant reclassification.  In its
 
12 determination, the commission shall consider the relative
 
13 agricultural viability of lands as expressed by the overall land
 
14 evaluation and site assessment rating.
 
15      (f)  The office of planning shall prepare:
 
16      (1)  Maps illustrating the composite land evaluation and
 
17           site assessment score of all lands in the State
 
18           pursuant to the adopted land evaluation and site
 
19           assessment system;
 
20      (2)  Maps identifying agricultural lands with composite land
 
21           evaluation and site assessment scores above the
 
22           agricultural production goals threshold scores; and
 
23      (3)  Maps illustrating the revised agricultural and open
 

 
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 1           districts in accordance with this chapter.
 
 2      (g)  The office of planning, during the course of the five-
 
 3 year land use commission district boundary review, shall be
 
 4 guided by maps of agricultural lands using the land evaluation
 
 5 and site assessment rating system described in subsection (a).
 
 6      (h)  The office of planning and the land use commission
 
 7 shall by rule adopt detailed procedures to effectuate this
 
 8 section.
 
 9      205-    Redistricting of agricultural lands to the
 
10 conservation district; compensation.  (a)  In any redesignation
 
11 of lands actively engaged in productive agricultural uses from
 
12 the agricultural district to the conservation district, such that
 
13 active productive agricultural use of the property is no longer
 
14 allowed and where notice of the landowner's opposition to the
 
15 action was submitted by the landowner to the commission prior to
 
16 the redesignation, the State shall pay compensation to the
 
17 landowner based on the difference in the value of the lands as
 
18 designated agricultural and the value of the lands as designated
 
19 conservation as of the date that redesignation became effective.
 
20      (b)  Upon the State's determination of the amount of
 
21 compensation forthcoming to the landowner, the landowner may
 
22 either accept or contest the State's determination.  Where the
 
23 landowner chooses to contest the State's determination, the
 

 
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 1 landowner may submit a private appraisal of the difference in
 
 2 land values as a result of the redesignation to the State no
 
 3 later than ninety days following the State's initial
 
 4 determination.
 
 5      (c)  Upon receipt of the landowner's submission of the
 
 6 compensation required, the State may either accept the
 
 7 landowner's determination and compensate the landowner
 
 8 accordingly, or attempt to achieve an appropriate settlement.  In
 
 9 situations wherein a mutually agreeable settlement cannot be
 
10 decided, the State may arrange for the assistance of an
 
11 independent mediator to develop a settlement.
 
12      205-    Replacement of agricultural district lands.  (a)
 
13 In order to maintain sufficient lands in the agricultural
 
14 district to meet each county's agricultural production goals, a
 
15 petition to reclassify agricultural lands to the open, rural, or
 
16 urban district classification shall provide for the concurrent
 
17 reclassification of replacement land of the same or higher land
 
18 evaluation and site assessment rating from another district into
 
19 the agricultural district.  The commission shall consult with,
 
20 and shall have the replacement lands approved by the department
 
21 of agriculture.
 
22      (b)  This section does not apply to the reclassification of
 
23 agricultural lands to the conservation district.
 

 
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 1      205-    Adoption of district boundaries.  In establishing
 
 2 and adopting the boundaries of the open and agricultural
 
 3 districts pursuant to this chapter, the commission shall prepare
 
 4 district classification maps showing all the proposed boundaries
 
 5 of conservation, agricultural, rural, urban, and open districts.
 
 6 At least one public hearing shall be held in each county prior to
 
 7 the final adoption of the district boundaries for that county.
 
 8 Notice of the time and place of the hearing shall be published in
 
 9 the same manner as provided for in section 91-3.  The notice
 
10 shall be published at least twenty days prior to the hearing in a
 
11 newspaper of statewide circulation and a newspaper of general
 
12 circulation within the county.  The notice shall indicate the
 
13 time and place that the maps showing the proposed district
 
14 boundaries within the county may be inspected prior to the
 
15 hearing.
 
16      At the hearing, interested owners, lessees, officials,
 
17 agencies, and individuals may appear and be heard.  They shall be
 
18 allowed at least fifteen days following the final public hearing
 
19 held in the county to file with the commission a written protest
 
20 or other comments or recommendations.  Any person with a property
 
21 interest in land reclassified under this section may petition the
 
22 land use commission for a hearing in accordance with chapter 91,
 
23 within thirty days of the adoption of the final form of district
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 boundaries.
 
 2      The land use commission shall amend its rules and the state
 
 3 land use district boundaries in accordance with this chapter by
 
 4 June 30, 2000.  The effective date of the amended rules and
 
 5 district boundaries shall be July 1, 2000.  Prior to July 1,
 
 6 2000, the existing rules and district boundaries of the
 
 7 commission shall remain in effect."
 
 8      SECTION 3.   Section 205-2, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "205-2 Districting and classification of lands.(a)
 
11 There shall be [four] five major land use districts in which all
 
12 lands in the State shall be placed:  urban, open, rural,
 
13 agricultural, and conservation.  The land use commission shall
 
14 group contiguous land areas suitable for inclusion in one of
 
15 these [four] five major districts.  The commission shall set
 
16 standards for determining the boundaries of each district,
 
17 provided that: 
 
18      (1)  In the establishment of boundaries of urban districts
 
19           those lands that are now in urban use and a sufficient
 
20           reserve area for foreseeable urban growth shall be
 
21           included; 
 
22      (2)  In the establishment of boundaries for rural districts,
 
23           areas of land composed primarily of small farms mixed
 

 
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 1           with very low density residential lots, which may be
 
 2           shown by a minimum density of not more than one house
 
 3           per one-half acre and a minimum lot size of not less
 
 4           than one-half acre shall be included, except as herein
 
 5           provided;
 
 6      (3)  In the establishment of the boundaries of open
 
 7           districts, the following lands may be included:
 
 8           (A)  Areas in agricultural districts as of the
 
 9                effective date of this Act which do not qualify as
 
10                agricultural lands pursuant to paragraph (4);
 
11           (B)  Areas in the agricultural district as of the
 
12                effective date of this Act located within one
 
13                thousand feet of the shoreline;
 
14           (C)  Areas that have potential agricultural, rural,
 
15                urban, or conservation uses but for which
 
16                reclassification to these uses is premature;
 
17           (D)  Areas that provide open space, including but not
 
18                limited to buffer areas around communities or
 
19                other urban areas, areas which preserve or improve
 
20                scenic views, and open space for recreational and
 
21                aesthetic purposes;
 
22     [(3)] (4)  In the establishment of the boundaries of
 
23           agricultural districts the greatest possible protection
 

 
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 1           shall be given to those agricultural lands [with a high
 
 2           capacity for intensive cultivation; and] in the State
 
 3           which, as a resource with certain physical properties
 
 4           and setting:
 
 5           (A)  Are capable of producing sustained high
 
 6                agricultural yields when treated and managed
 
 7                according to modern farming methods and
 
 8                technology;
 
 9           (B)  Contribute to the State's economic base and
 
10                produce commodities for export and for local
 
11                consumption;
 
12           (C)  Are currently not in production but which are
 
13                needed to attain the desired projected levels of
 
14                agricultural activities and income;
 
15           (D)  Are irrigated as well as those lands which are not
 
16                currently irrigated but which can produce higher
 
17                yields if irrigation is made available;
 
18           (E)  Are currently in productive agricultural use.
 
19                "Productive agricultural use" means activities or
 
20                uses characterized by the cultivation of crops,
 
21                orchards, forage, and forestry; farming activities
 
22                or uses relating to animal husbandry, aquaculture,
 
23                game and fish propagation; aquaculture and
 

 
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 1                services and uses accessory to the above
 
 2                activities; and produce revenues or are used for
 
 3                personal subsistence purposes;
 
 4           (F)  Are under lease to any person engaged in a bona
 
 5                fide full-time agricultural activity for an
 
 6                uninterrupted period of one year or more prior to
 
 7                July 1, 1999; provided that the lessee provides a
 
 8                commitment that the agricultural activity will
 
 9                continue for the duration of the lessee's lease
 
10                agreement or the life of the lessee;
 
11           (G)  Are under lease to any corporate entity, group, or
 
12                agricultural cooperative engaged in a bona fide
 
13                full-time agricultural activity for an
 
14                uninterrupted period of one year or more prior to
 
15                July 1, 1999; provided that the lessee provides a
 
16                commitment that the agricultural activity will
 
17                continue for the duration of the lessee's existing
 
18                lease; and
 
19           (H)  Are not characterized by the categories in
 
20                subparagraphs (A) to (G) but which are considered
 
21                and designated by public policy as important
 
22                agricultural lands because of some unique quality,
 
23                setting, or use.  Those lands specifically
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1                identified by the land evaluation and site
 
 2                assessment commission as unique agricultural lands
 
 3                which do not otherwise qualify as agricultural
 
 4                lands but which contribute to the economy of the
 
 5                State through the production of unique
 
 6                agricultural commodities shall be incorporated
 
 7                into the agricultural district.
 
 8           The agricultural district shall provide sufficient
 
 9           agricultural land in each county to meet its
 
10           agricultural production goals;
 
11      (5)  The agricultural district may exclude lands which are
 
12           deemed inappropriate or economically unfeasible for
 
13           agricultural use, or which have been designated by
 
14           state or county policy or plans to be of greater
 
15           benefit to the general public in some current or
 
16           potential nonagricultural use, or are located within
 
17           one thousand feet of the shoreline, or are designated
 
18           as either urban or conservation; and
 
19     [(4)] (6)  In the establishment of the boundaries of
 
20           conservation districts, the ["forest and water reserve
 
21           zones" provided in Act 234, section 2, Session Laws of
 
22           Hawaii 1957, are renamed "conservation districts" and,
 
23           effective as of July 11, 1961, the boundaries of the
 

 
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 1           forest and water reserve zones theretofore established
 
 2           pursuant to Act 234, section 2, Session Laws of Hawaii
 
 3           1957, shall constitute the boundaries of the
 
 4           conservation districts; provided that thereafter the]
 
 5           greatest possible protection shall be given to valuable
 
 6           natural resources, including but not limited to,
 
 7           watersheds and water resources; scenic and historic
 
 8           areas; parklands, wilderness, and beach reserves;
 
 9           endemic and indigenous plants and animals including
 
10           those which are endangered and their habitats,
 
11           forestry; open space areas which enhance the
 
12           conservation of natural resources, recreational areas;
 
13           and lands where natural conditions suggest constraints
 
14           on human activity and protection is needed to safeguard
 
15           the public health, safety, and welfare.  The power to
 
16           determine the boundaries of the conservation districts
 
17           shall be in the commission. 
 
18      (b)  In establishing the boundaries of the districts in each
 
19 county, the commission shall give consideration to the [master
 
20 plan or] general plan and community development plans of the
 
21 county.  As used in this section, "community development plan"
 
22 means a relatively detailed plan for an area or a region within a
 
23 county to implement the objectives and policies of a county
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 general plan.
 
 2      [(b)] (c)  Urban districts shall include activities or uses
 
 3 as provided by ordinances or regulations of the county within
 
 4 which the urban district is situated. 
 
 5      [(c)] (d)  Rural districts shall include activities or uses
 
 6 as characterized by low density residential lots of not more than
 
 7 one dwelling house per one-half acre, except as provided by
 
 8 county ordinance pursuant to section 46-4(c), in areas where
 
 9 "city-like" concentration of people, structures, streets, and
 
10 urban level of services are absent, and where small farms are
 
11 intermixed with low density residential lots except that within a
 
12 subdivision, as defined in section 484-1, the commission for good
 
13 cause may allow one lot of less than one-half acre, but not less
 
14 than 18,500 square feet, or an equivalent residential density,
 
15 within a rural subdivision and permit the construction of one
 
16 dwelling on such lot, provided that all other dwellings in the
 
17 subdivision shall have a minimum lot size of one-half acre or
 
18 21,780 square feet.  Such petition for variance may be processed
 
19 under the special permit procedure.  These districts may include
 
20 contiguous areas which are not suited to low density residential
 
21 lots or small farms by reason of topography, soils, and other
 
22 related characteristics.
 
23       (e)  Open districts shall be limited to low intensity
 

 
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 1 activities or uses consistent with maintaining open space
 
 2 pursuant to the objectives listed in subsection (a)(3)(C) and
 
 3 (D).  The activities or uses shall be established by the
 
 4 commission in consultation with the counties.  The activities
 
 5 shall include but not be limited to the following uses:
 
 6      (1)  Low density residential uses;
 
 7      (2)  Agricultural uses;
 
 8      (3)  Public, quasi-public, and public utility facilities;
 
 9           and
 
10      (4)  Public and private open area types of recreational uses
 
11           including day camps, picnic grounds, parks, golf
 
12           courses and driving ranges, and riding stables, but not
 
13           including drag strips, airports, drive-in theaters, and
 
14           overnight camps.
 
15      [(d)] (f)  Agricultural districts shall include activities
 
16 or uses as characterized by the cultivation of crops, orchards,
 
17 forage, and forestry; farming activities or uses related to
 
18 animal husbandry, aquaculture, and game and fish propagation;
 
19 aquaculture, which means the production of aquatic plant and
 
20 animal life for food and fiber within ponds and other bodies of
 
21 water; wind generated energy production for public, private, and
 
22 commercial use; bona fide agricultural services and uses which
 
23 support the agricultural activities of the fee or leasehold owner
 

 
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 1 of the property and accessory to any of the above activities,
 
 2 whether or not conducted on the same premises as the agricultural
 
 3 activities to which they are accessory, including but not limited
 
 4 to farm dwellings as defined in section 205-4.5(a)(4), employee
 
 5 housing, farm buildings, mills, storage facilities, processing
 
 6 facilities, vehicle and equipment storage areas, and roadside
 
 7 stands for the sale of products grown on the premises; wind
 
 8 machines and wind farms; small-scale meteorological, air quality,
 
 9 noise, and other scientific and environmental data collection and
 
10 monitoring facilities occupying less than one-half acre of land,
 
11 provided that such facilities shall not be used as or equipped
 
12 for use as living quarters or dwellings; agricultural parks; and
 
13 until July 1, 1999, open area recreational facilities, including
 
14 golf courses and golf driving ranges; provided that they are not
 
15 located within agricultural district lands with soil classified
 
16 by the land study bureau's detailed land classification as
 
17 overall (master) productivity rating class A or B.
 
18      These districts may include areas which are not used for, or
 
19 which are not suited to, agricultural and ancillary activities by
 
20 reason of topography, soils, and other related characteristics.
 
21      [(e)] (g)  Conservation districts shall include areas
 
22 necessary for protecting watersheds and water sources; preserving
 
23 scenic and historic areas; providing park lands, wilderness, and
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 beach reserves; conserving indigenous or endemic plants, fish,
 
 2 and wildlife, including those which are threatened or endangered;
 
 3 preventing floods and soil erosion; promoting forestry; open
 
 4 space areas whose existing openness, natural condition, or
 
 5 present state of use, if retained, [would enhance the present or
 
 6 potential value of abutting or surrounding communities, or] would
 
 7 maintain or enhance the conservation of natural or scenic
 
 8 resources; areas of value for recreational purposes; other
 
 9 related activities; and other permitted uses not detrimental to a
 
10 multiple use conservation concept."
 
11      SECTION 4.  Section 205-3.1, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "205-3.1  Amendments to district boundaries.(a)  District
 
14 boundary amendments involving land areas greater than fifteen
 
15 acres shall be processed by the land use commission pursuant to
 
16 section 205-4. 
 
17      (b)  Any department or agency of the State, and department
 
18 or agency of the county in which the land is situated, or any
 
19 person with a property interest in the land sought to be
 
20 reclassified may petition the appropriate county land use
 
21 decision-making authority of the county in which the land is
 
22 situated for a change in the boundary of a district involving
 
23 lands less than [fifteen] twenty acres presently in the
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 [agricultural,] rural, open, and urban districts. 
 
 2      (c)  District boundary amendments involving land areas of
 
 3 [fifteen] twenty acres or less, except in conservation and
 
 4 agricultural districts, shall be determined by the appropriate
 
 5 county land use decision-making authority for [said] that
 
 6 district and shall not require consideration by the land use
 
 7 commission pursuant to section 205-4.  District boundary
 
 8 amendments involving land areas of [fifteen] twenty acres or less
 
 9 in conservation and agricultural districts shall be processed by
 
10 the land use commission pursuant to section 205-4.  The
 
11 appropriate county land use decision-making authority may
 
12 consolidate proceedings to amend state land use district
 
13 boundaries pursuant to this subsection, with county proceedings
 
14 to amend the general plan, development plan, zoning of the
 
15 affected land or such other proceedings.  Appropriate ordinances
 
16 and rules to allow consolidation of [such] those proceedings may
 
17 be developed by the county land use decision-making authority. 
 
18      (d)  The county land use decision-making authority shall
 
19 serve a copy of the application for a district boundary amendment
 
20 to the land use commission and the [department of business,
 
21 economic development, and tourism] office of planning and shall
 
22 notify the commission and the [department] office of planning of
 
23 the time and place of the hearing and the proposed amendments
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 scheduled to be heard at the hearing.  A change in the state land
 
 2 use district boundaries pursuant to this subsection shall become
 
 3 effective on the day designated by the county land use
 
 4 decision-making authority in its decision.  Within sixty days of
 
 5 the effective date of any decision to amend state land use
 
 6 district boundaries by the county land use decision-making
 
 7 authority, the decision and the description and map of the
 
 8 affected property shall be transmitted to the land use commission
 
 9 and the [department of business, economic development, and
 
10 tourism] office of planning by the county planning director."
 
11      SECTION 5.  Section 205-4, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  Any department or agency of the State, any department
 
14 or agency of the county in which the land is situated, or any
 
15 person with a property interest in the land sought to be
 
16 reclassified, may petition the land use commission for a change
 
17 in the boundary of a district.  This section applies to all
 
18 petitions for changes in district boundaries of lands within
 
19 conservation districts, agricultural districts, and all petitions
 
20 for changes in district boundaries involving lands greater than
 
21 [fifteen] twenty acres in the [agricultural,] rural, open, and
 
22 urban districts, except as provided in section 201G-118.  The
 
23 land use commission shall adopt rules pursuant to chapter 91 to
 

 
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 1 implement section 201G-118."
 
 2      SECTION 6.  Section 205-4.5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "205-4.5  Permissible uses within the agricultural
 
 5 districts.(a)  Within the agricultural district, all lands with
 
 6 soil classified by the land study bureau's detailed land
 
 7 classification as overall (master) productivity rating class A or
 
 8 B shall be restricted to the following permitted uses:
 
 9      (1)  Cultivation of crops, including but not limited to
 
10           flowers, vegetables, foliage, fruits, forage, and
 
11           timber;
 
12      (2)  Game and fish propagation;
 
13      (3)  Raising of livestock, including but not limited to
 
14           poultry, bees, fish, or other animal or aquatic life
 
15           that are propagated for economic or personal use;
 
16      (4)  Farm dwellings, farm employee housing, farm buildings,
 
17           or other structures, activity, or uses [related to
 
18           farming and animal husbandry;] accessory to the
 
19           cultivation of crops, propagation of game and fish, and
 
20           raising livestock.  Farm dwelling as used in this
 
21           paragraph means a single-family [dwelling] residence
 
22           located on and used in connection with a farm,
 
23           including clusters of single-family farm dwellings
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           permitted within agricultural parks developed by the
 
 2           State, [or] where agricultural activity provides income
 
 3           to the [family] persons occupying the farm dwelling;
 
 4      (5)  Public institutions and buildings which [are necessary]
 
 5           provide necessary services or facilities for
 
 6           agricultural [practices;] activity;
 
 7      [(6) Public and private open area types of recreational uses
 
 8           including day camps, picnic grounds, parks, and riding
 
 9           stables, but not including dragstrips, airports, drive-
 
10           in theaters, golf courses, golf driving ranges, country
 
11           clubs, and overnight camps;
 
12      (7)  Public,] (6)  Siting at public, private, and quasi-
 
13           public utility lines and roadways, transformer
 
14           stations, communications equipment buildings, solid
 
15           waste transfer stations, major water storage tanks, and
 
16           appurtenant small buildings such as booster pumping
 
17           stations[, but not including offices or yards for
 
18           equipment, material, vehicle storage, repair or
 
19           maintenance, or treatment plants, or corporation yards,
 
20           or other like structures];
 
21     [(8)] (7)  Retention, restoration, rehabilitation, or
 
22           improvement of buildings or sites of historic or scenic
 
23           interest;
 

 
Page 25                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1      [(9) Roadside]  (8)  Operation of roadside stands for the
 
 2           sale of agricultural products grown on the premises;
 
 3    [(10)] (9)  Buildings and uses, including but not limited to
 
 4           mills, storage, and processing facilities, maintenance
 
 5           facilities, and vehicle and equipment storage areas
 
 6           that [are] provide services or activities normally
 
 7           considered directly accessory to the [abovementioned
 
 8           uses] cultivation of crops, propagation of game and
 
 9           fish, and raising of livestock, and are permitted under
 
10           section [205-2(d);] 205-2(f);
 
11    [(11)] (10)  Agricultural parks; or
 
12    [(12)  Wind] (11)  Siting of wind energy facilities, including
 
13           the appurtenances associated with the production and
 
14           transmission of wind generated energy; provided that
 
15           such facilities and appurtenances are compatible with
 
16           [agriculture uses] agricultural activity and cause
 
17           minimal adverse impact on agricultural land.
 
18      (b)  Uses not expressly permitted in subsection (a) shall be
 
19 prohibited, except the uses permitted as provided in sections
 
20 205-6 and 205-8, and construction of single-family dwellings on
 
21 lots existing before June 4, 1976.  Any other law to the contrary
 
22 notwithstanding, no subdivision of land within the agricultural
 
23 district [with soil classified by the land study bureau's
 

 
Page 26                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 detailed land classification as overall (master) productivity
 
 2 rating class A or B] shall be approved by a county without
 
 3 consultation with the department of agriculture unless the [said
 
 4 A and B] lands within the subdivision shall be made subject to
 
 5 the restriction on uses as prescribed in this section and to the
 
 6 condition that the uses shall be primarily in pursuit of an
 
 7 agricultural activity.
 
 8      Any deed, lease, agreement of sale, mortgage, or other
 
 9 instrument of conveyance covering any land within the
 
10 agricultural subdivision shall expressly contain the restriction
 
11 on uses and the condition as prescribed in this section which
 
12 restriction and condition shall be encumbrances running with the
 
13 land until such time that the land is reclassified to a land use
 
14 district other than agricultural district.
 
15      (c)  If the [foregoing] requirement of encumbrances running
 
16 with the land jeopardizes the owner or lessee from obtaining
 
17 mortgage financing from any of the mortgage lending agencies set
 
18 forth [hereinbelow, and said] in this section, and the
 
19 requirement is the sole reason for failure to obtain mortgage
 
20 financing, then [such] the requirement of encumbrances [shall],
 
21 insofar as [such] that mortgage financing is so jeopardized,
 
22 shall be conditionally waived by the appropriate county
 
23 enforcement officer; provided that [such] the conditional waiver
 

 
Page 27                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 shall thereafter become effective only in the event that the
 
 2 property is subjected to foreclosure proceedings by the mortgage
 
 3 lender.
 
 4      The mortgage lending agencies mentioned [hereinabove] in
 
 5 this section are the Federal Housing Administration, Federal
 
 6 National Mortgage Association, Veterans Administration,
 
 7 Department of Veterans Affairs, Small Business Administration,
 
 8 United States Department of Agriculture, Federal Land Bank of
 
 9 Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley
 
10 Bank for Cooperatives, and any other federal, state, or private
 
11 mortgage lending agency and their respective successors and
 
12 assigns qualified to do business in [Hawaii, and their respective
 
13 successors and assigns.
 
14      (c)  Within the agricultural district all lands, with soil
 
15 classified by the land study bureau's detailed land
 
16 classification as overall (master) productivity rating class C,
 
17 D, E, or U shall be restricted to the uses permitted for
 
18 agricultural districts as set forth in section 205-5(b).] the
 
19 State."
 
20      SECTION 7.  Section 205-5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "205-5 Zoning.(a)  Except as [herein] provided[,] in
 
23 this section, the powers granted to counties under section 46-4
 

 
Page 28                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 shall govern the zoning within the districts, other than in
 
 2 conservation districts.  Conservation districts shall be governed
 
 3 by the department of land and natural resources pursuant to
 
 4 chapter 183C.
 
 5      (b)  Within agricultural districts, uses compatible to the
 
 6 activities described in [section] sections 205-2 and 205-4.5(a)
 
 7 as determined by the commission shall be permitted; provided that
 
 8 accessory agricultural uses and services described in sections
 
 9 205-2 and 205-4.5 may be further defined by each county by zoning
 
10 ordinance.  Other uses may be allowed by special permits issued
 
11 pursuant to this chapter.  The minimum lot size in agricultural
 
12 districts shall be determined by each county by zoning ordinance,
 
13 subdivision ordinance, or other lawful means; provided that the
 
14 minimum lot size for any agricultural use shall not be less than
 
15 [one acre,] five acres, except as provided [herein.] in this
 
16 section.  All agricultural lots less than five acres existing on
 
17 the effective date of this Act shall not be affected.
 
18      (c)  If the county finds that unreasonable economic hardship
 
19 to the owner or lessee of land cannot otherwise be prevented or
 
20 where land utilization is improved, the county, after
 
21 consultation with the department of agriculture, may allow lot
 
22 sizes of less than the minimum lot size as specified by law for
 
23 lots created by a consolidation of existing lots within an
 

 
Page 29                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 agricultural district and the resubdivision thereof; provided
 
 2 that the consolidation and resubdivision do not result in an
 
 3 increase in the number of lots over the number existing prior to
 
 4 consolidation; and provided further that in no event shall a lot,
 
 5 which is equal to or exceeds the minimum lot size of [one acre]
 
 6 five acres, be less than that minimum after the consolidation and
 
 7 resubdivision action.  The county, after consultation with the
 
 8 department of agriculture, may also allow lot sizes of less than
 
 9 the minimum lot size as specified by law for lots created or used
 
10 for public, private, and quasi-public utility purposes, and for
 
11 lots resulting from the subdivision of abandoned roadways and
 
12 railroad easements.
 
13      [(c)] (d)  Unless authorized by special permit issued
 
14 pursuant to this chapter, only the following uses shall be
 
15 permitted within rural districts:
 
16      (1)  Low density residential uses;
 
17      (2)  Agricultural uses[;] as provided in section 205-4.5;
 
18           and
 
19      (3)  Public, quasi-public, and public utility facilities.
 
20      In addition, the minimum lot size for any low density
 
21 residential use shall be one-half acre and there shall be but one
 
22 dwelling house per one-half acre, except as provided for in
 
23 section 205-2.
 

 
Page 30                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1      (e)  Unless authorized by special permit issued pursuant to
 
 2 this chapter, only the following uses shall be permitted within
 
 3 open districts:
 
 4      (1)  Low density residential uses;
 
 5      (2)  Agricultural uses as provided in section 205-4.5;
 
 6      (3)  Public, quasi-public, and public utility facilities;
 
 7           and
 
 8      (4)  Public and private open area types of recreational uses
 
 9           including day camps, picnic grounds, parks, golf
 
10           courses and driving ranges, and riding stables, but not
 
11           including drag strips, airports, drive-in theaters, and
 
12           overnight camps.
 
13      The minimum lot size in the open district shall be
 
14 determined by each county through its zoning ordinance,
 
15 subdivision ordinances, and other lawful means; provided that the
 
16 minimum lot size for low density residential use shall not be
 
17 less than one acre, except as provided in this section.  The
 
18 county may also allow lot sizes of less than the minimum lot size
 
19 as specified by law for lots created or used for public, private,
 
20 and quasi-public utility purposes and for lots resulting from the
 
21 subdivision of abandoned roadways and railroad easements.
 
22      Within open districts, county zoning shall exclusively
 
23 determine how golf courses and golf driving ranges are to be
 

 
Page 31                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 regulated."
 
 2      SECTION 8.  Section 205-5.1, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  Geothermal resource subzones may be designated within
 
 5 the urban, rural, open, agricultural, and conservation land use
 
 6 districts established under section 205-2.  Only those areas
 
 7 designated as geothermal resource subzones may be utilized for
 
 8 geothermal development activities in addition to those uses
 
 9 permitted in each land use district under this chapter.
 
10 Geothermal development activities may be permitted within urban,
 
11 rural, open, agricultural, and conservation [land use] districts
 
12 in accordance with this chapter. "Geothermal development
 
13 activities" means the exploration, development, or production of
 
14 electrical energy from geothermal resources and direct use
 
15 applications of geothermal resources; provided that within the
 
16 urban, rural, open, and agricultural [land use] districts, direct
 
17 use applications of geothermal resources are permitted both
 
18 within and outside of areas designated as geothermal resource
 
19 subzones pursuant to section 205-5.2 if such direct use
 
20 applications are in conformance with all other applicable state
 
21 and county land use regulations and are in conformance with this
 
22 chapter."
 
23      SECTION 9.  Section 205-5.1, Hawaii Revised Statutes, is
 

 
Page 32                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 amended by amending subsection (c) to read as follows:
 
 2      "(c)  The use of an area for geothermal development
 
 3 activities within a geothermal resource subzone shall be governed
 
 4 by the board within the conservation district and, except as
 
 5 [herein] provided[,] in this section, by state and county
 
 6 statutes, ordinances, and rules not inconsistent herewith within
 
 7 agricultural, rural, open, and urban districts, except that no
 
 8 land use commission approval or special use permit procedures
 
 9 under section 205-6 shall be required for the use of [such
 
10 subzones.] a subzone.  In the absence of provisions in the county
 
11 general plan, community development plan, and zoning ordinances
 
12 specifically relating to the use and location of geothermal
 
13 development activities in an agricultural, rural, open, or urban
 
14 district, the appropriate county authority may issue a geothermal
 
15 resource permit to allow geothermal development activities.
 
16 "Appropriate county authority" means the county planning
 
17 commission unless some other agency or body is designated by
 
18 ordinance of the county council. [Such uses as are permitted by
 
19 county general plan and zoning ordinances, by the appropriate
 
20 county authority,] Uses permitted under county general plans,
 
21 community development plans, and zoning ordinances by the
 
22 appropriate county authority shall be deemed to be reasonable and
 
23 to promote the effectiveness and objectives of this chapter.
 

 
Page 33                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 Chapters [177, 178,] 174C, 182, 183, 183C, 205A, 226, [342,]
 
 2 342B, 342D, 342F, 342G, 342H, 342J, 342L, and 343 shall apply as
 
 3 appropriate.  If provisions in the county general plan, community
 
 4 development plan, and zoning ordinances specifically relate to
 
 5 the use and location of geothermal development activities in an
 
 6 agricultural, rural, open, or urban district, the provisions
 
 7 shall require the appropriate county authority to conduct a
 
 8 public hearing on any application for a geothermal resource
 
 9 permit to determine whether the use is in conformity with the
 
10 criteria specified in subsection (e) for granting geothermal
 
11 resource permits; provided that within the urban, rural, open,
 
12 and agricultural [land use] districts, direct use applications of
 
13 geothermal resources are permitted without any application for a
 
14 geothermal resource permit both within and outside of areas
 
15 designated as geothermal resource subzones pursuant to section
 
16 205-5.2 if such direct use applications are in conformance with
 
17 all other applicable state and county land use regulations and
 
18 are in conformance with this chapter."
 
19      SECTION 10.  Section 205-5.1, Hawaii Revised Statutes, is
 
20 amended by amending subsection (e) to read as follows:
 
21      "(e)  If geothermal development activities are proposed
 
22 within agricultural, rural, open, or urban districts and such
 
23 proposed activities are not permitted uses pursuant to county
 

 
Page 34                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 general plan, community development plan, and zoning ordinances,
 
 2 then after receipt of a properly filed and completed application,
 
 3 including all required supporting data, the appropriate county
 
 4 authority shall conduct a public hearing.  Upon appropriate
 
 5 request for mediation from any party who submitted comment at the
 
 6 public hearing, the county authority shall appoint a mediator
 
 7 within five days.  The county authority shall require the parties
 
 8 to participate in mediation.  The mediator shall not be an
 
 9 employee of any county agency or its staff.  The mediation period
 
10 shall not extend beyond thirty days after mediation started,
 
11 except by order of the county authority.  Mediation shall be
 
12 confined to the issues raised at the public hearing by the party
 
13 requesting mediation.  The mediator will submit a written
 
14 recommendation to the county authority, based upon any mediation
 
15 agreement reached between the parties for consideration by the
 
16 county authority in its final decision.  If there is no mediation
 
17 agreement, the county authority may have a second public hearing
 
18 to receive additional comment related to the mediation issues.
 
19 Within ten days after the second public hearing, the county
 
20 authority may receive additional written comment on the issues
 
21 raised at the second public hearing from any party. 
 
22      The county authority shall consider the comments raised at
 
23 the second hearing before rendering its final decision.  The
 

 
Page 35                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 county authority shall then determine whether a geothermal
 
 2 resource permit shall be granted to authorize the geothermal
 
 3 development activities described in the application.  The
 
 4 appropriate county authority shall grant a geothermal resource
 
 5 permit if it finds that applicant has demonstrated that: 
 
 6      (1)  The desired uses would not have unreasonable adverse
 
 7           health, environmental, or socio-economic effects on
 
 8           residents or surrounding property; 
 
 9      (2)  The desired uses would not unreasonably burden public
 
10           agencies to provide roads and streets, sewers, water,
 
11           drainage, school improvements, and police and fire
 
12           protection; and 
 
13      (3)  That there are reasonable measures available to
 
14           mitigate the unreasonable adverse effects or burdens
 
15           referred to above. 
 
16      Unless there is a mutual agreement to extend, a decision
 
17 shall be made on the application by the appropriate county
 
18 authority within six months of the date a complete application
 
19 was filed; provided that the time limit may be extended by
 
20 agreement between the applicant and the appropriate county
 
21 authority."
 
22      SECTION 11.  Section 205-6, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 36                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1      "205-6 Special permit.(a)  The county planning
 
 2 commission, within a rural, open, or agricultural district after
 
 3 consultation with the department of agriculture, may permit
 
 4 certain unusual and reasonable uses [within agricultural and
 
 5 rural districts] other than those for which the district is
 
 6 classified.  Any person who desires to use the person's land
 
 7 within an agricultural [or], rural, or open district other than
 
 8 for an agricultural [or], rural, or open use, as the case may be,
 
 9 may petition the planning commission of the county within which
 
10 the person's land is located for permission to use the person's
 
11 land in the manner desired.  Each county may establish the
 
12 appropriate fee for processing the special permit petition.
 
13      (b)  The planning commission, [upon] after consultation with
 
14 the central coordinating agency, except in counties where the
 
15 planning commission is advisory only in which case the central
 
16 coordinating agency, shall establish by rule [or regulation,] the
 
17 time within which the hearing and action on [petition] petitions
 
18 for special permit shall occur.  The county planning commission
 
19 shall notify the land use commission, the office of planning, the
 
20 department of agriculture, and such other persons and agencies
 
21 that may have an interest in the subject matter of the time and
 
22 place of the hearing.
 
23      (c)  The county planning commission [may], under such
 

 
Page 37                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 protective restrictions as it may [be deemed] deem necessary, may
 
 2 permit the desired use, but only when the use would promote the
 
 3 effectiveness and objectives of this chapter.  A decision in
 
 4 favor of the applicant shall require a majority vote of the total
 
 5 membership of the county planning commission.
 
 6      (d)  [Special] All special permits in the agricultural
 
 7 district, and those special permits in the rural and open
 
 8 district for land the area of which is greater than [fifteen]
 
 9 twenty acres shall be subject to approval by the land use
 
10 commission.  The land use commission may impose additional
 
11 restrictions as [may be] necessary or appropriate in granting
 
12 [such] approval, including the adherence to representations made
 
13 by the applicant.
 
14      (e)  A copy of the decision together with the complete
 
15 record of the proceeding before the county planning commission on
 
16 all special permit requests [involving a land area greater than
 
17 fifteen acres] shall be transmitted to the land use commission
 
18 within sixty days after the decision is rendered.  Within
 
19 [forty-five] sixty days after receipt of the complete record from
 
20 the county planning commission, for those petitions for special
 
21 permits that require land use commission approval pursuant to
 
22 subsection (c), the land use commission shall act to approve,
 
23 approve with modification, or deny the petition.  A denial either
 

 
Page 38                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 by the county planning commission or by the land use commission,
 
 2 or a modification by the land use commission, as the case may be,
 
 3 of the desired use shall be appealable to the circuit court of
 
 4 the circuit in which the land is situated and shall be made
 
 5 pursuant to the Hawaii rules of civil procedure.
 
 6      (f)  Land uses substantially involving or supporting
 
 7 educational ecotourism, related to the preservation of native
 
 8 Hawaiian endangered, threatened, proposed, and candidate species,
 
 9 that are allowed in an approved habitat conservation plan under
 
10 section 195D-21 or safe harbor agreement under section 195D-22,
 
11 which are not identified as permissible uses within [the] an
 
12 agricultural district [under sections 205-2 and 205-4.5], may be
 
13 permitted in the agricultural district by special permit under
 
14 this section, on lands with soils classified by the land study
 
15 bureau's detailed land classification as overall (master)
 
16 productivity rating class C, D, E, or U."
 
17      SECTION 12.  Section 205-8, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "205-8 Nonconforming uses.  The lawful use of land or
 
20 buildings existing on the date of establishment of any interim
 
21 agricultural district and rural district in final form, or in any
 
22 conservation, agricultural, rural, open, or urban district may be
 
23 continued although the use, including lot size, does not conform
 

 
Page 39                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 to this chapter; provided that no nonconforming building shall be
 
 2 replaced, reconstructed, or enlarged or changed to another
 
 3 nonconforming use and no nonconforming use of land shall be
 
 4 expanded or changed to another nonconforming use.  In addition,
 
 5 if any nonconforming use of land or building is discontinued or
 
 6 held in abeyance for a period of one year, the further
 
 7 continuation of such use shall be prohibited."
 
 8      SECTION 13.  Section 205-12, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "205-12  Enforcement.  The appropriate officer or agency
 
11 charged with the administration of county zoning laws shall
 
12 enforce within each county the land use [classification
 
13 districts] district boundaries adopted by the land use commission
 
14 and the restriction on [use] uses and the condition relating to
 
15 uses in agricultural districts under section 205-4.5 and shall
 
16 report to the commission all violations."
 
17      SECTION 14.  Section 205-17, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "205-17  Land use commission decision-making criteria.  (a)
 
20 In its review of any petition for reclassification of district
 
21 boundaries pursuant to this chapter, the commission shall
 
22 specifically consider the following: 
 
23      (1)  The extent to which the proposed reclassification
 

 
Page 40                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1           conforms to the applicable goals, objectives, and
 
 2           policies of the Hawaii state plan and relates to the
 
 3           applicable priority guidelines of the Hawaii state plan
 
 4           and the adopted functional plans; 
 
 5      (2)  The extent to which the proposed reclassification
 
 6           conforms to the applicable district standards; [and]
 
 7      (3)  The impact of the proposed reclassification on the
 
 8           following areas of state concern: 
 
 9           (A)  Preservation or maintenance of important natural
 
10                systems or habitats; 
 
11           (B)  Maintenance of valued cultural, historical, or
 
12                natural resources; 
 
13           (C)  Maintenance of other natural resources relevant to
 
14                Hawaii's economy, including, but not limited to,
 
15                agricultural resources; 
 
16           (D)  Commitment of state funds and resources; 
 
17           (E)  Provision for employment opportunities and
 
18                economic development; and 
 
19           (F)  Provision for housing opportunities for all income
 
20                groups, particularly the low, low-moderate, and
 
21                gap groups;
 
22           and
 
23      (4)  The representations and commitments made by the
 

 
Page 41                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1           petitioner in securing a boundary change.
 
 2      (b)  In accordance with article XI, section 3, of the state
 
 3 constitution, the following standards and criteria are
 
 4 established to guide the reclassification of important
 
 5 agricultural lands.  In addition to and notwithstanding
 
 6 subsection (a), the commission shall not approve an amendment
 
 7 reclassifying land in the agricultural district to the urban,
 
 8 rural, or open district unless:
 
 9      (1)  The commission weighs the importance of the land for
 
10           agriculture based on the land evaluation rating and
 
11           other evidence presented as to the suitability of the
 
12           land for agricultural purposes, with the public benefit
 
13           which will be provided by the reclassification;
 
14      (2)  The commission finds, by a preponderance of the
 
15           evidence presented, that overriding public interest
 
16           exists to reclassify these lands to the urban, rural,
 
17           or open district, such that the higher land evaluation
 
18           rating, the greater the public benefit which must be
 
19           demonstrated before the reclassification shall be
 
20           approved;
 
21      (3)  The commission finds that economic, social, or physical
 
22           conditions have changed sufficiently to warrant
 
23           reclassification.  In its determination of whether
 

 
Page 42                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1           economic, social, or physical conditions have changed
 
 2           significantly, the commission may also consider the
 
 3           following factors:
 
 4           (A)  Economic viability of agricultural operations in
 
 5                relation to parcel size, location, configuration,
 
 6                ownership, state agricultural programs and
 
 7                projects, access to off-site agricultural
 
 8                facilities and services, compatible agricultural
 
 9                land uses in the region, presence of off-site
 
10                drainage facilities, and impact on nonagricultural
 
11                uses in the area;
 
12           (B)  Compatibility of urban land uses in region;
 
13           (C)  Availability of land designated for agricultural
 
14                use;
 
15           (D)  Availability of land designated for the proposed
 
16                urban use;
 
17           (E)  Economic need for the agricultural use in relation
 
18                to the agricultural industry's agricultural
 
19                acreage and production trends;
 
20           (F)  Proximity to existing or planned urban development
 
21                and infrastructure and services; and
 
22           (G)  Conformance with county land use designations;
 
23      (4)  The proposed classification gives consideration to the
 

 
Page 43                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1           county general plan or community development plans; and
 
 2      (5)  The proposed classification is based on a demonstrated
 
 3           need for nonagricultural use, such as affordable
 
 4           housing, employment, economic development, or public
 
 5           facilities, which overrides the existing classification
 
 6           based on agricultural need, impact on production goals,
 
 7           and feasibility.
 
 8      (c)  Subsection (a) to the contrary notwithstanding, the
 
 9 commission may approve a reclassification of lands from the
 
10 conservation, rural, or open land district classification to the
 
11 agricultural district classification upon finding that:
 
12      (1)  Economic, social, or physical conditions have changed
 
13           sufficiently, as reflected by site assessment criteria
 
14           defined in section 205-  , to warrant reclassification;
 
15      (2)  The proposed classification gives consideration to the
 
16           county general plan or community development plan;
 
17      (3)  The proposed classification is based on a demonstrated
 
18           need for agricultural use, such as cultivation of
 
19           crops, orchards, and forage; forestry; or animal
 
20           husbandry, aquaculture, or game and fish propagation,
 
21           which, based on production goals and feasibility,
 
22           overrides the existing classification; and
 
23      (4)  The proposed reclassification is needed to replace
 

 
Page 44                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1           agricultural lands pursuant to section 205-   ."
 
 2      SECTION 15.  Section 205-18, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "205-18  Periodic review of districts.  (a)  The office of
 
 5 planning shall undertake a review of the classification and
 
 6 districting of all lands in the State, within five years from
 
 7 December 31, 1985, and every fifth year thereafter.  [The office,
 
 8 in its five-year boundary review, shall focus its efforts on
 
 9 reviewing the Hawaii state plan, county general plans, and county
 
10 development and community plans.] The office of planning shall
 
11 undertake a comprehensive review of the classification and
 
12 districting of all lands in the State.  The office, in its
 
13 boundary review, shall review the Hawaii state plan, county
 
14 general plans, county development and community plans, the land
 
15 evaluation and site assessment system, including agricultural
 
16 production goals, adopted pursuant to section 205-  , and lands
 
17 in productive agricultural use.  The office shall prepare and be
 
18 guided by maps of agricultural lands using the land evaluation
 
19 and site assessment system, prepared pursuant to section 205-  .
 
20 Upon completion of the [five-year] boundary review, the office
 
21 shall submit a report of the findings to the commission.  The
 
22 office may initiate state land use boundary amendments which it
 
23 deems appropriate to [conform to these plans.] implement its
 

 
Page 45                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1 findings.  The office may seek assistance of appropriate state
 
 2 and county agencies and may employ consultants and undertake
 
 3 studies in making this review.
 
 4      (b)  The boundary review shall be conducted to review all
 
 5 district boundaries and shall include, but not be limited to:
 
 6      (1)  A review of agricultural production goals for export
 
 7           commodities and local consumption commodities and an
 
 8           identification of agricultural land requirements to
 
 9           support those goals.  To carry out this review, an
 
10           agricultural production goals task force shall be
 
11           established within the office of planning pursuant to
 
12           section 205-  ;
 
13      (2)  A review of lands in the agricultural district to
 
14           identify lands which are not needed to meet
 
15           agricultural production goals and to determine their
 
16           suitability for conservation, rural, open, and urban
 
17           uses;
 
18      (3)  A review of lands in the conservation district, with
 
19           emphasis on lands within the general subzone, to
 
20           identify lands which may be appropriate to reclassify
 
21           to the open district; provided that this paragraph
 
22           shall apply to the initial five-year review after
 
23           December 31, 1985;
 

 
Page 46                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1      (4)  A review of lands to identify areas with high value for
 
 2           conservation use in order to assure the protection of
 
 3           natural resources, such as:
 
 4           (A)  Watersheds and water resources including
 
 5                groundwater quality;
 
 6           (B)  Historic, archaeological, and cultural areas;
 
 7           (C)  Parklands, wilderness, beach reserves, and coastal
 
 8                and shoreline areas;
 
 9           (D)  Endemic and indigenous plants, fish and wildlife,
 
10                and their habitats;
 
11           (E)  Forestry; and
 
12           (F)  Open space, recreational, and scenic areas;
 
13           and to protect lives and property by minimizing
 
14           development in areas where natural conditions suggest
 
15           constraints on human activity; and
 
16      (5)  Identification of requirements for urban lands to
 
17           provide opportunities for affordable housing and
 
18           accommodate population growth and economic
 
19           development."
 
20      SECTION 16.  Section 141-1, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "141-1 Duties in general.  The department of agriculture
 
23 shall[:] undertake the following:
 

 
Page 47                                                    
                                     S.B. NO.           1223
                                                        
                                                        

 
 1      (1)  Information and statistics.  Gather, compile, and
 
 2           tabulate, from time to time, information and statistics
 
 3           concerning:
 
 4           (A)  Entomology and plant pathology.  Insects, scales,
 
 5                blights, and diseases injurious, or liable to
 
 6                become injurious, to trees, plants, or other
 
 7                vegetation, and the ways and means of
 
 8                exterminating pests and diseases already in the
 
 9                State and preventing the introduction of those not
 
10                yet here;
 
11           (B)  General agriculture.  Fruits, fibres, and useful
 
12                or ornamental plants and their introduction,
 
13                development, care, and manufacture or exportation,
 
14                with a view to introducing, establishing, and
 
15                fostering  new and valuable plants and
 
16                industries[.];
 
17      (2)  Cooperation with other organizations.  Encourage and
 
18           cooperate with the agricultural extension service and
 
19           agricultural experiment station of the University of
 
20           Hawaii and all private persons and organizations doing
 
21           work of an experimental or educational character coming
 
22           within the scope of the subject matter of chapters 141,
 
23           142, and 144 to 149A, and avoid, as far as practicable,
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           duplicating the work of those persons and
 
 2           organizations;
 
 3      (3)  Agreements with other organizations.  Enter into
 
 4           contracts, cooperative agreements, or other
 
 5           transactions with any person, agency, or organization,
 
 6           public or private, as may be necessary in the conduct
 
 7           of the department's business and on such terms as the
 
 8           department may deem appropriate; provided that the
 
 9           department shall not obligate any funds of the State,
 
10           except the funds that have been appropriated to the
 
11           department;
 
12      (4)  Library.  Secure copies of the laws of other states,
 
13           territories, and countries, and other publications
 
14           germane to the subject matters of chapters 141, 142,
 
15           and 144 to 149A, and make laws and publications
 
16           available for public information and consultation;
 
17      (5)  Buildings and apparatus.  Provide buildings, grounds,
 
18           apparatus, and appurtenances necessary for the
 
19           examination, quarantine, inspection, and fumigation
 
20           provided for by chapters 141, 142, and 144 to 149A; for
 
21           the obtaining, propagation, study, and distribution of
 
22           beneficial insects, growths, and antidotes for the
 
23           eradication of insects, blights, scales, or diseases
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           injurious to vegetation of value and for the
 
 2           destruction of injurious vegetation; and for carrying
 
 3           out any other purposes of chapters 141, 142, and 144 to
 
 4           149A;
 
 5      (6)  Further legislation.  Formulate and recommend to the
 
 6           governor and legislature additional legislation
 
 7           necessary or desirable for carrying out the purposes of
 
 8           chapters 141, 142, and 144 to 149A;
 
 9      (7)  Annual reports.  Publish at the end of each year a
 
10           report of the expenditures and proceedings of the
 
11           department and of the results achieved by the
 
12           department, together with other matters germane to
 
13           chapters 141, 142, and 144 to 149A, and which the
 
14           department may deem proper;
 
15      (8)  Planning and development.  Administer a program of
 
16           agricultural planning and development, including the
 
17           formulation and implementation of general and special
 
18           plans, including but not limited to the functional plan
 
19           for agriculture; administer the planning, development,
 
20           and management of the agricultural park program; plan,
 
21           construct, operate, and maintain the state irrigation
 
22           water systems; review, interpret, and make
 
23           recommendations with respect to public policies and
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           actions relating to agricultural land and water use;
 
 2           assist in research, evaluation, development,
 
 3           enhancement, and expansion of local agricultural
 
 4           industries; and serve as liaison with other public
 
 5           agencies and private organizations for the above
 
 6           purposes.  In the foregoing, the department of
 
 7           agriculture shall act to conserve and protect
 
 8           agricultural lands and irrigation water systems,
 
 9           promote diversified agriculture, increase agricultural
 
10           self-sufficiency, and ensure the availability of
 
11           agriculturally suitable lands[.]; and
 
12      (9)  Inventory of agricultural lands.  Maintain a current
 
13           inventory of lands within the agricultural district,
 
14           including information on land evaluation site
 
15           assessment ratings, ownership of the land, and
 
16           historical record of land uses."
 
17      SECTION 17.  Section 225M-2, Hawaii Revised Statutes, is
 
18 amended by amending subsection (b) to read as follows:
 
19      "(b)  The office of planning shall gather, analyze, and
 
20 provide information to the governor to assist in the overall
 
21 analysis and formulation of state policies and strategies to
 
22 provide central direction and cohesion in the allocation of
 
23 resources and effectuation of state activities and programs, and
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 effectively address current or emerging issues and opportunities.
 
 2 More specifically, the office shall engage in the following
 
 3 activities: 
 
 4      (1)  Comprehensive planning and program coordination.
 
 5           Formulating and articulating comprehensive statewide
 
 6           goals, objectives, policies, and priorities, and
 
 7           coordinating their implementation through the statewide
 
 8           planning system established in part II of chapter 226;
 
 9      (2)  Strategic planning.  Identifying and analyzing
 
10           significant issues, problems, and opportunities
 
11           confronting the State, and formulating strategies and
 
12           alternative courses of action in response to identified
 
13           problems and opportunities by: 
 
14           (A)  Providing in-depth policy research, analysis, and
 
15                recommendations on existing or potential areas of
 
16                critical state concern; 
 
17           (B)  Examining and evaluating the effectiveness of
 
18                state programs in implementing state policies and
 
19                priorities; 
 
20           (C)  Monitoring through surveys, environmental
 
21                scanning, and other techniques--current social,
 
22                economic, and physical conditions and trends; and
 
23           (D)  Developing, in collaboration with affected public
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1                or private agencies and organizations,
 
 2                implementation plans and schedules and, where
 
 3                appropriate, assisting in the mobilization of
 
 4                resources to meet identified needs; 
 
 5      (3)  Planning coordination and cooperation.  Facilitating
 
 6           coordinated and cooperative planning and policy
 
 7           development and implementation activities among state
 
 8           agencies, and between the state, county, and federal
 
 9           governments, by: 
 
10           (A)  Reviewing, assessing, and coordinating, as
 
11                necessary, major plans, programs, projects, and
 
12                regulatory activities existing or proposed by
 
13                state and county agencies; and 
 
14           (B)  Formulating mechanisms to simplify, streamline, or
 
15                coordinate interagency development and regulatory
 
16                processes; 
 
17      (4)  Planning information system.  Collecting, analyzing,
 
18           maintaining, and disseminating data and information to
 
19           further effective state planning, policy analysis and
 
20           development, and delivery of government services by: 
 
21           (A)  Assembling, organizing, evaluating, and
 
22                classifying existing data and performing necessary
 
23                basic research in order to provide a common data
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1                base for governmental planning;
 
 2           (B)  Planning, developing, implementing, and
 
 3                coordinating a statewide planning and geographic
 
 4                information system.  The office shall be the lead
 
 5                agency responsible for planning and coordinating
 
 6                the establishment of a multi-agency, statewide
 
 7                geographic information system and the development
 
 8                of planning applications including spatial data
 
 9                analyses to enhance decision making; and
 
10           (C)  Maintaining a centralized depository of state and
 
11                national planning references;
 
12      (5)  Land use planning.  Developing and presenting the
 
13           position of the State in all boundary change petitions
 
14           and proceedings before the land use commission,
 
15           assisting state agencies in the development and
 
16           submittal of petitions for land use district boundary
 
17           amendments, and conducting periodic reviews of the
 
18           classification and districting of all lands in the
 
19           State, as specified in chapter 205; 
 
20      (6)  Coastal and ocean policy management.  Carrying out the
 
21           lead agency responsibilities for the Hawaii coastal
 
22           zone management program, as specified in chapter 205A.
 
23           Also, developing and maintaining an ocean and coastal
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           resources information, planning, and management system
 
 2           further developing and coordinating implementation of
 
 3           the ocean resources management plan, and formulating
 
 4           ocean policies with respect to the exclusive economic
 
 5           zone, coral reefs, and national marine sanctuaries;
 
 6      (7)  Regional planning and studies.  Conducting plans and
 
 7           studies to determine:
 
 8           (A)  The capability of various regions within the State
 
 9                to support projected increases in both resident
 
10                populations and visitors;
 
11           (B)  The potential physical, social, economic, and
 
12                environmental impact on these regions resulting
 
13                from increases in both resident populations and
 
14                visitors;
 
15           (C)  The maximum annual visitor carrying capacity for
 
16                the State by region, county, and island; and
 
17           (D)  The appropriate guidance and management of
 
18                selected regions and areas of statewide critical
 
19                concern.
 
20           The studies in subparagraphs (A) to (C) shall be
 
21           conducted in consultation with the counties, the
 
22           private sector, and the community at appropriate
 
23           intervals, but not less than once every five years;
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           [and]
 
 2      (8)  Regional, national, and international planning.
 
 3           Participating in and assuring that state plans,
 
 4           policies, and objectives are consistent, to the extent
 
 5           practicable, with regional, national, and international
 
 6           planning efforts[.]; and
 
 7      (9)  Mapping of agricultural lands pursuant to the land
 
 8           evaluation and site assessment system.  Developing,
 
 9           adopting, and maintaining an agricultural land
 
10           inventory system, including state agricultural
 
11           production goals and target acreages that are developed
 
12           by the task force pursuant to section 205-  , and maps
 
13           illustrating the state agricultural and open districts
 
14           pursuant to the land evaluation and site assessment
 
15           system.  The initial set of maps, based upon the
 
16           production goals shall be adopted by June 30, 2000, and
 
17           shall be forwarded to the land use commission by
 
18           August 1, 2000."
 
19      SECTION 18.  Section 201G-118, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "201G-118  Housing development; exemption from statutes,
 
22 ordinances, charter provisions, rules.(a)  The corporation may
 
23 develop, on behalf of the State or with an eligible developer, or
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 may assist under a government assistance program in the
 
 2 development of, housing projects which shall be exempt from all
 
 3 statutes, ordinances, charter provisions, and rules of any
 
 4 governmental agency relating to planning, zoning, construction
 
 5 standards for subdivisions, development and improvement of land,
 
 6 and the construction of units thereon; provided that:
 
 7      (1)  The corporation finds the project is consistent with
 
 8           the purpose and intent of this chapter, and meets
 
 9           minimum requirements of health and safety;
 
10      (2)  The development of the proposed project does not
 
11           contravene any safety standards, tariffs, or rates and
 
12           fees approved by the public utilities commission for
 
13           public utilities or the various boards of water supply
 
14           authorized under chapter 54; and
 
15      (3)  The legislative body of the county in which the project
 
16           is to be situated shall have approved the project.
 
17           (A)  The legislative body shall approve or disapprove
 
18                the project by resolution within forty-five days
 
19                after the corporation has submitted the
 
20                preliminary plans and specifications for the
 
21                project to the legislative body.  If on the forty-
 
22                sixth day a project is not disapproved, it shall
 
23                be deemed approved by the legislative body;
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           (B)  No action shall be prosecuted or maintained
 
 2                against any county, its officials, or employees on
 
 3                account of actions taken by them in reviewing,
 
 4                approving, or disapproving the plans and
 
 5                specifications; and
 
 6           (C)  The final plans and specifications for the project
 
 7                shall be deemed approved by the legislative body
 
 8                if the final plans and specifications do not
 
 9                substantially deviate from the preliminary plans
 
10                and specifications.  The final plans and
 
11                specifications for the project shall constitute
 
12                the zoning, building, construction, and
 
13                subdivision standards for that project.  For
 
14                purposes of sections 501-85 and 502-17, the
 
15                executive director of the corporation, or the
 
16                responsible county official may certify maps and
 
17                plans of lands connected with the project as
 
18                having complied with applicable laws and
 
19                ordinances relating to consolidation and
 
20                subdivision of lands, and the maps and plans shall
 
21                be accepted for registration or recordation by the
 
22                land court and registrar; and
 
23      (4)  The land use commission shall approve or disapprove a
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           boundary change within [forty-five] seventy-five days
 
 2           after the corporation has submitted a petition to the
 
 3           commission as provided in section 205-4.  If on the
 
 4           [forty-sixth] seventy-sixth day the petition is not
 
 5           disapproved, it shall be deemed approved by the
 
 6           commission.
 
 7      (b)  For the purposes of this section, "government
 
 8 assistance program" means a housing program qualified by the
 
 9 corporation and administered or operated by the corporation or
 
10 the United States or any of [their political subdivisions,] its
 
11 agencies[,] or instrumentalities, corporate or otherwise."
 
12      SECTION 19.  Section 205-3, Hawaii Revised Statutes, is
 
13 repealed.
 
14      ["205-3 Retention of district boundaries.  Land use
 
15 district boundaries existing as of June 2, 1975, shall continue
 
16 in full force and effect subject to amendment as provided in this
 
17 chapter or order of a court of competent jurisdiction based upon
 
18 any litigation filed prior to July 1, 1975, or filed within
 
19 thirty days after service of a certified copy of any final
 
20 decision and order made as part of the commission's 1974 periodic
 
21 boundary review, whichever occurs later."]
 
22      SECTION 20.  There is established within the legislative
 
23 reference bureau for administrative purposes a land evaluation
 
24 and site assessment review commission consisting of seven members
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1 appointed by the president of the senate and the speaker of the
 
 2 house of representatives.  The members shall be knowledgeable
 
 3 about the land use system, the production of affordable housing,
 
 4 or Hawaiian agriculture.  The review commission shall be directly
 
 5 accountable to the legislature.  The review commission shall
 
 6 perform a comprehensive review of the land evaluation and site
 
 7 assessment system, reevaluating the appropriateness of the
 
 8 legislation and developing recommendations for its improvement.
 
 9 The review shall include but not be limited to the following:
 
10      (1)  The effect of the land evaluation and site assessment
 
11           system on agricultural activity and productivity in the
 
12           State;
 
13      (2)  The effect of the land evaluation and site assessment
 
14           system on the availability and cost of housing;
 
15      (3)  The ability of the land evaluation and site assessment
 
16           system to respond effectively to changing socioeconomic
 
17           conditions as they relate to changing land uses;
 
18      (4)  The effect of the land evaluation and site assessment
 
19           system on the coordination of state and county land use
 
20           policy and regulatory procedures; and
 
21      (5)  The appropriateness of article XI, section 3, of the
 
22           Hawaii state constitution, as a priority for this
 
23           State.
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1      The review commission shall begin its review work five years
 
 2 following the passage of a land evaluation and site assessment
 
 3 system by the legislature and shall complete its work within a
 
 4 period of two years, culminating in a report of its findings and
 
 5 recommendations to the legislature.  The review commission shall
 
 6 cease to exist one year after the submittal of the report.
 
 7      The review commission shall consider whether it is
 
 8 appropriate to conduct another review five years following the
 
 9 submittal of their report to the legislature.
 
10      The members of the land evaluation and site assessment
 
11 review commission shall serve without compensation but shall be
 
12 reimbursed for expenses, including travel expenses, necessary for
 
13 the performance of their duties.
 
14      SECTION 21.  There is appropriated out of the general
 
15 revenues of the State of Hawaii the sum of $250,000, or so much
 
16 thereof as may be necessary for fiscal year 1999-2000, for the
 
17 land use commission to review and revise its rules to carry out
 
18 the purposes of this Act.  There is appropriated out of the
 
19 general revenues of the State of Hawaii the sum of $325,000, or
 
20 so much thereof as may be necessary for fiscal year 1999-2000, to
 
21 the office of planning to carry out the purposes of this Act.
 
22      The sums appropriated shall be expended by the office of
 
23 planning.
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1      SECTION 22.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $100,000, or so much
 
 3 thereof as may be necessary for fiscal year 1999-2000, to the
 
 4 department of agriculture to carry out the purposes of this Act.
 
 5      The sum appropriated shall be expended by the department of
 
 6 agriculture.
 
 7      SECTION 23.  No provision in this Act shall be considered to
 
 8 be a mandate under article VIII, section 5, of the state
 
 9 constitution, for a political subdivision to undertake new
 
10 programs or to increase the level of services under existing
 
11 programs of that political subdivision.
 
12      SECTION 24.  If any provision of this Act, or the
 
13 application thereof to any person or circumstance is held
 
14 invalid, the invalidity does not affect other provisions or
 
15 applications of this Act which can be given effect without the
 
16 invalid provision or application, and to this end the provisions
 
17 of this Act are severable.
 
18      SECTION 25.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 26.  This Act shall take effect on July 1, 1999;
 
21 provided that:
 
22      (1)  The land use commission shall amend its rules and the
 
23           state land use district boundaries in accordance with
 

 
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                                     S.B. NO.           1223
                                                        
                                                        

 
 1           this Act by June 30, 2000.  The effective date of the
 
 2           amended rules and district boundaries shall be July 1,
 
 3           2000.  Prior to July 1, 2000, the existing rules and
 
 4           district boundaries of the commission shall remain in
 
 5           effect;
 
 6      (2)  The board of agriculture shall adopt rules to
 
 7           effectuate the purpose of this Act by June 30, 2000.
 
 8           The effective date of the adopted rules shall be
 
 9           July 1, 2000; and
 
10      (3)  Section 18 shall take effect upon approval; and
 
11      (4)  Sections 21 and 22 shall take effect on July 1, 1999.
 
12 
 
13                           INTRODUCED BY:_________________________