Report Title:

Astronomy Resource Subzones; Land Use; Economic Development

Description:

Allows for the development or operation of observatories or related observational facilities within conservation land use districts to further the science or application of astronomy. Requires the Board of Land and Natural Resources to perform county by county assessments of areas with astronomy development potential.

HOUSE OF REPRESENTATIVES

H.B. NO.

1424

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to economic development.

 

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

SECTION 1. Chapter 205, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205-A Astronomy resource subzones. (a) Astronomy resource subzones may be designated within the conservation land use districts established under section 205-2. Only those areas designated as astronomy resource subzones may be used for astronomical development activities in addition to those uses permitted in conservation land use districts under this chapter. Astronomical development activities may be permitted within conservation land use districts in accordance with this chapter. As used in this section, "astronomical development activities" means the development or operation of observatories or related observational facilities to further the science or application of the science of astronomy.

(b) The board of land and natural resources shall be responsible for designating areas as astronomy resource subzones within conservation land use districts as provided under section 205-B; except that the total area within a conservation district that is the subject of a conservation district use permit and a lease approved by the board of land and natural resources for astronomical development activities on or before July 1, 2005, is designated as an astronomy resource subzone for the duration of the conservation district use permit and lease. The designation of astronomy resource subzones shall be governed exclusively by this section and section 205-B, except as provided therein. The board shall adopt, amend, or repeal rules related to its authority to designate and regulate the use of astronomy resource subzones in the manner provided under chapter 91.

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

(c) The use of an area for astronomical development activities within an astronomy resource subzone shall be governed by the board within the conservation district and no land use commission approval or special use permit procedures under section 205-6 shall be required for the use of such subzones.

(d) If astronomical development activities are proposed within a conservation district, with an application and all required data, the board of land and natural resources shall conduct a public hearing and, upon appropriate request for mediation from any party who submitted comment at the public hearing, the board shall appoint a mediator within five days. The board shall require the parties to participate in mediation. The mediator shall not be a member of the board or its staff. The mediation period shall not extend beyond thirty days after the date mediation started, except by order of the board. Mediation shall be confined to the issues raised at the public hearing by the party requesting mediation. The mediator will submit a written recommendation to the board, based upon any mediation agreement reached between the parties for consideration by the board in its final decision. If there is no mediation agreement, the board may have a second public hearing to receive additional comments related to the mediation issues. Within ten days after the second public hearing, the board may receive additional written comments on the issues raised at the second public hearing from any party.

The board shall consider the comments raised at the second hearing before rendering its final decision. The board shall then determine whether, pursuant to board rules, a conservation district use permit shall be granted to authorize the astronomical development activities described in the application. The board shall grant a conservation district use permit if it finds that the applicant has demonstrated that:

(1) The desired uses would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property; and

(2) The desired uses would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, and police and fire protection; or

(3) There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.

A decision shall be made by the board within six months of the date a complete application was filed; provided that the time limit may be extended by agreement between the applicant and the board.

(e) Requests for mediation shall be received by the board within five days after the close of the initial public hearing. Within five days thereafter, the board shall appoint a mediator. Any person submitting an appropriate request for mediation shall be notified by the board of the date, time, and place of the mediation conference by depositing such notice in the mail to the return address stated on the request for mediation. The notice shall be mailed no later than ten days before the start of the mediation conference. The mediation conference shall be held on the island where the public hearing is held.

(f) Any decision made by the board pursuant to a public hearing or hearings under this section may be appealed directly on the record to the supreme court for final decision and shall not be subject to a contested case hearing. Section 91-14(b) and (g) shall govern the appeal, notwithstanding the lack of a contested case hearing on the matter. The board shall provide a court reporter to produce a transcript of the proceedings at all public hearings under this section for purposes of an appeal.

(g) For the purposes of an appeal from a decision from a public hearing, the record shall include:

(1) The application for the permit and all accompanying supporting documents, including but not limited to reports, studies, affidavits, statements, and exhibits;

(2) Staff recommendations submitted to the members of the board in consideration of the application;

(3) Oral and written public testimony received at the public hearings;

(4) Written transcripts of the proceedings at the public hearings;

(5) The written recommendation received by the board from the mediator with any mediation agreement;

(6) A statement of relevant matters noticed by the board members at the public hearings;

(7) The written decision of the board issued in connection with the application and public hearings; and

(8) Other documents required by the board.

§205-B Designation of areas as astronomy resource subzones. (a) Beginning in 2005, the board of land and natural resources shall conduct a county-by-county assessment of areas with astronomy potential for the purpose of designating astronomy resource subzones. This assessment shall be revised or updated at the discretion of the board at least once every ten years beginning in 2015. Any property owner or person with an interest in real property wishing to have an area designated as an astronomy resource subzone may submit a petition for an astronomy resource subzone designation in the form and manner established by rules and regulations adopted by the board. An environmental impact statement as defined under chapter 343 shall not be required for the assessment of areas under this section.

(b) The board's assessment of each potential astronomy resource subzone area shall examine factors to include but not be limited to:

(1) The area's potential for astronomical development activities;

(2) The geologic hazards that potential astronomy projects would encounter;

(3) Social and environmental impacts;

(4) The compatibility of astronomical development activities and potential related industries with present uses of surrounding land and those uses permitted under the general plan or land use policies of the county in which the area is located;

(5) The potential economic benefits to be derived from astronomical development activities and potential related industries; and

(6) The compatibility of astronomical development and potential related industries with the uses permitted under chapter 183C and section 205-2, where the area falls within a conservation district.

In addition, the board shall consider, if applicable, objectives, policies, and guidelines set forth in part I of chapter 205A and chapter 226.

(c) Methods for assessing the factors in subsection (b) shall be left to the discretion of the board and may be based on currently available public information.

(d) After the board has completed a county-by-county assessment of all areas with astronomy potential or after any subsequent update or review, the board shall compare all areas showing astronomy potential within each county, and shall propose areas for potential designation as astronomy resource subzones based upon a preliminary finding that the areas are those sites which best demonstrate an acceptable balance between the factors set forth in subsection (b). Once a proposal is made, the board shall conduct public hearings pursuant to this subsection, notwithstanding any contrary provision related to public hearing procedures. Contested case procedures shall not be applicable to these hearings.

(1) Hearings shall be held at locations which are in close proximity to those areas proposed for designation. A public notice of hearing, including a description of the proposed areas, an invitation for public comment, and a statement of the date, time, and place where persons may be heard shall be given and mailed no less than twenty days before the hearing. The notice shall be given on three separate days statewide and in the county in which the hearing is to be held. Copies of the notice shall be mailed to the department of business, economic development, and tourism, the planning commission and planning department of the county in which the proposed areas are located, and to all owners of record of real estate within, and within one thousand feet of the area being proposed for designation as a astronomy resource subzone. The notification shall be mailed to the owners and addresses as shown on the current real property tax rolls at the county real property tax office. Upon that action, the requirement for notification of owners of land is completed. For the purposes of this subsection, notice to one co-owner shall be sufficient notice to all co-owners;

(2) The hearing shall be held before the board, and the authority to conduct hearings shall not be delegated to any agent or representative of the board. All persons and agencies shall be afforded the opportunity to submit data, views, and arguments either orally or in writing. The department of business, economic development, and tourism and the county planning department shall be permitted to appear at every hearing and make recommendations concerning each proposal by the board; and

(3) At the close of the hearing, the board may designate areas as astronomy resource subzones or announce the date on which it will render its decision. The board may designate areas as astronomy resource subzones only upon finding that the areas are those sites which best demonstrate an acceptable balance between the factors set forth in subsection (b). Upon request, the board shall issue a concise statement of its findings and the principal reasons for its decision to designate a particular area.

(e) The designation of any astronomy resource subzone may be withdrawn by the board of land and natural resources after proceedings conducted pursuant to chapter 91. The board shall withdraw a designation only upon finding by a preponderance of the evidence that the area is no longer suited for designation; provided that the designation shall not be withdrawn for areas in which active astronomical development activities are taking place."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

_____________________________