Report Title:

Conservation District

 

Description:

Highlights the importance of preserving scenic resources in the state land use conservation district. Establishes guidelines and amends the procedure for board of land and natural resources consideration and approval of applications to construct high-voltage electric power transmission lines of greater than forty-six kilovolts in the conservation district.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1462

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONSERVATION DISTRICTS.

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

SECTION 1. The legislature finds that the natural beauty of the state is important to the quality of life of residents and essential for the success of the State's visitor industry. The preservation of natural, scenic resources is a significant state goal, which is stated in a number of existing statutes, such as the Hawaii State Plan and the Coastal Zone Management Act.

The legislature further finds that overhead high-voltage electric power transmission lines diminish the natural scenic beauty of Hawaii. Poles and towers for high-voltage transmission lines can rise up to one hundred feet or more in height over the surrounding landscape. These poles, towers, and conducting wires are seen from great distances, industrializing and degrading the natural landscape.

Many of Hawaii's most beautiful and precious natural landscapes fall within the state land use conservation district, including pu'u, ridges, mountains, and other prominent physiographic features that provide a scenic backdrop for Hawaii's urban, rural, and agricultural lands. The legislature finds that as a matter of state policy, the conservation district should be protected through procedures and standards requiring due care to be taken in the placement of high-voltage electric power transmission lines, and placement of these lines in the conservation district should be avoided where possible.

The legislature believes that this Act is consistent with, and builds upon, the work of the 1997 legislature, which passed H.B. No. 2239, H.D. 2, relating to utility lines, enacted as Act 95, Session Laws of Hawaii 1997. Act 95 requires that the public utilities commission take into consideration a series of economic, social, environmental, health, and safety factors when evaluating the placement of one hundred thirty-eight kilovolt high-voltage electric power transmission lines. These factors are to be weighed in deciding whether a transmission line will be constructed overhead or underground in any of the state land use districts.

The purpose of this Act is to:

(1) Highlight the importance of preserving scenic resources in the conservation district;

(2) Establish guidelines for the board of land and natural resources to use in considering applications for the construction of high-voltage electric power transmission lines in the conservation district;

(3) Establish guidelines for the approval of high-voltage electric power transmission lines greater than forty- six kilovolts in the conservation district; and

(4) Amend the procedure for the approval of applications for high-voltage electric power transmission lines in the conservation district.

SECTION 2. Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183C- High voltage transmission lines. (a) In considering an application to construct a high-voltage electric power transmission line of greater than forty-six kilovolts in the conservation district, the board shall adhere to the following guidelines:

(1) The transmission lines and supporting poles or towers shall not encroach upon a public view of a natural landscape that exhibits a high degree of intactness or vividness;

(2) The transmission lines and supporting poles or towers shall not encroach upon the summit of a pu'u, ridge, or other prominent physiographic feature;

(3) The transmission lines and any facilities, structures, or access roads that support the transmission lines shall be sited so that the transmission lines and any supporting facilities, structures, or access roads are not visible from public viewpoints; and

(4) Building materials and colors of otherwise permissible transmission lines and supporting facilities, structures, or access roads shall blend with the natural landscape.

(b) The department shall give notice and hold a public hearing within one hundred eighty days of the acceptance of a completed application to construct a high-voltage electric power transmission line of greater than forty six kilovolts. Other sections of this chapter notwithstanding, approval shall require the affirmative vote of a majority of the members of the board. Approval of an application shall not occur automatically if the department fails to render a decision within one hundred eighty days of the acceptance of a completed application."

SECTION 3. Section 183C-1, Hawaii Revised Statutes, is amended to read as follows:

"[[183C-1[]] Findings and purpose. The legislature finds that lands within the state land use conservation district contain important natural and scenic resources essential to the preservation of the State's fragile natural ecosystems [and], the sustainability of the State's water supply[.], the viability of industries that depend on the maintenance of Hawaii's natural beauty, and the quality of life of Hawaii residents. It is therefore, the intent of the legislature to conserve, protect, and preserve the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public health, safety and welfare."

SECTION 4. Section 183C-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall adopt rules governing the use of land within the boundaries of the conservation district that are consistent with the conservation of necessary forest growth, the conservation and development of land and natural resources adequate for present and future needs, and the conservation and preservation of scenic resources and open space areas for public use and enjoyment. No use except a nonconforming use as defined in section 183C-5, shall be made within the conservation district unless the use is in accordance with a zoning rule."

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

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

INTRODUCED BY:

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