TWENTYSEVENTH LEGISLATURE legislature finds that Session Laws provis - PDF document

1 TWENTY-SEVENTH LEGISLATURE, legislature
TWENTY-SEVENTH LEGISLATURE, legislature finds that Session Laws provisions relating geothermal energy The purpose Re-establish procedures land and natural resources for resource subzones; land and the counties issue geothermal permits under certain conditions statutory provisions enacted by Act replaced geothermal resource subzones with "geothermal resources exploration" resources development" designations land use districts. LRB 14-0679.doc Hawaii Revised Statutes, is amended new part as follows: context clearly requires otherwise: land and natural resources. "Geothermal r

2 esources" the same meaning as in "Geothe
esources" the same meaning as in "Geothermal resources development" has same meaning as in section Geothermal resource subzones. (a) Geothermal resource subzones may be designated within land use districts established those areas designated as geothermal subzones may be utilized for geothermal development activities, uses permitted in land use district this chapter. and conservation land use districts in accordance with this chapter; provided that the urban, land use districts, permitted both designated as section 205-F applications are with all applicable state use regulat

3 ions and be responsible designating area
ions and be responsible designating areas section 205-F; that the agricultural district that is the subject geothermal mining approved by any part or which area the subject county for geothermal development or before 1984, is resource subzone for the duration the lease. The geothermal resource subzones section and section provided therein. shall adopt, designate and resource subzones in The authority designate geothermal resource subzones those provisions chapter and of section 46-4 authorizing the land commission and the counties districts and uses therein. section shall n

4 ot abrogate nor supersede chapters 183,
ot abrogate nor supersede chapters 183, and 183C. (e) The for geothermal development within conservation district except as herein provided, rules within agricultural, rural, land use commission approval special use permit procedures for the geothermal resource subzones. Geothermal resources development permits; geothermal resources development activity be undertaken without development permit issued pursuant to this ensure that prospective geothermal resources development activity will have impact, any application development permit from a government entity shall a minimum,

5 An assessment of An assessment any env
An assessment of An assessment any environmental, cultural, or social impacts within proposed area; An assessment of the compatibility geothermal resources uses within proposed area site and within A description proposed geothermal resources development, including potential for health, safety, and nuisance impacts upon properties and establishment of appropriate buffer the proposed geothermal resources development and abutting assessment of potential benefits to be from the proposed geothermal resources area are in the interests of resident population, the State; assessmen

6 t of the potential for geothermal resour
t of the potential for geothermal resources development proposed area for utilization production in ninety days receiving the application, determine whether and inform any deficiency in Geothermal resources development permits; agricultural, rural, urban districts; county authority. geothermal resources development within agricultural, rural, urban district be issued (b) In to the and the powers pursuant sections 46-1.5 and each county adopt more stringent ordinances regarding geothermal resources development permits agricultural, rural, After receipt of a properly filed ap

7 plication, including all supporting data
plication, including all supporting data required under the appropriate county authority public hearing. (d) The public hearing shall island where close as practicable resources development, legal rights, of affected days prior the hearing, the affected state agencies and three thousand feet of the proposed geothermal resources (f) Unless county authority, appropriate county shall issue than six after receipt properly filed completed application under section geothermal resources permit may the appropriate county authority assessments provided by the applicant reasonable, t

8 he geothermal resources development coun
he geothermal resources development county general plan and resources development would not: Have unreasonable adverse health, environmental, socioeconomic effects on residents drainage, school improvements, and fire protection; provided that appropriate county may further prescribe buffer zone the proposed geothermal resources development and abutting land, as a section, "appropriate county means the the county Geothermal resources development permits; conservation districts. for geothermal resources board after receipt properly filed including all supporting data required

9 under an extension the board, the board
under an extension the board, the board final decision later than application under section (c) The board on the raised at final decision. The board shall board rules, permit shall resources development in the conservation district if it finds that demonstrated that resources development adverse health, environmental, property; and Unreasonably burden provide roads, school improvements, and fire board may further prescribe mitigating actions applicant to address including the establishment of buffer zone geothermal resources development and the permit geothermal resource

10 and updates; hearings. 2014, the shall c
and updates; hearings. 2014, the shall conduct county-by-county assessment with geothermal potential geothermal resource subzones. The assessment the board, at least each five years beginning in 2019. Any property in real property seeking to have geothermal resource subzone may petition for geothermal resource subzone designation in the and manner established by rules by the environmental impact statement in section not be required for under this section. board's assessment each potential geothermal subzone area The area's potential for the (2) The prospects geothermal energ

11 y geologic hazards that potential geoth
y geologic hazards that potential geothermal environmental impacts proposed geothermal resources development, including potential for health, safety, nuisance impacts surrounding land; geothermal resources development and potentially related industries with present surrounding land and those uses permitted general plan area is potential economic benefits to derived from and potentially related industries; compatibility of geothermal development related industries 205-2, where the area falls within a conservation In addition, the board shall consider, objectives, policies, g

12 uidelines set forth in and chapter 226.
uidelines set forth in and chapter 226. the factors in subsection board and may be based on available public has completed with geothermal potential after any board shall compare geothermal potential each county, areas for potential designation as geothermal resource the areas are that best acceptable balance between forth in proposal is made, the conduct public hearings as be held areas proposed for designation. notice of proposed areas, for public comment, statement of time, and be heard shall be given and mailed than twenty days hearing. The notice shall given on three s

13 tatewide and in which is to to the the
tatewide and in which is to to the the proposed are located, and all owners record of one thousand proposed for be mailed owners and as shown on the real property property tax that action, the requirement owners of the purposes subsection, notice notice to hearing shall be held before the board, authority to shall not to submit data, arguments either orally The department of business, and the county planning department shall hearing and make recommendations concerning may designate as geothermal resource render its decision. The board may designate areas as geothermal reso

14 urce subzones the areas are those sites
urce subzones the areas are those sites that acceptable balance between forth in subsection Upon request, the board concise statement findings and principal reasons for particular area. designation of geothermal resource subzone may, board after proceedings conducted pursuant evidence that area is longer suited for provided that the designation withdrawn for in which active exploration, development, production distribution of electrical energy sources or direct use applications are taking place. section shall exploration, development, electrical energy geothermal sources di

15 rect use applications of shall apply of
rect use applications of shall apply of those well drilled scientific purposes determine the be permitted outside of designated geothermal resource regardless of land use classification, provided that activity is limited exploration only. permits shall to drill exploratory wells, shall not be the requirements Statutes, is definition of operation" means commercial agricultural, or aquacultural facility or pursuit conducted, in including the care and poultry and poultry products, apiary plant and nonfood uses; the cultivating, harvesting, and plant or controlled salt, brackis

16 h, be limited zoned for Agricultural-bas
h, be limited zoned for Agricultural-based commercial operations as described described [205 2:d) (15) 1 ;] 205-2 (d) (14) ; Noises, odors, dust, and commercial agricultural or an aquacultural facility machinery and irrigation pumps; Ground and aerial seeding The application chemical fertilizers, conditioners, insecticides, pesticides, herbicides; and and use of operation that conducts processing operations or freshwater aquaculture operations on land that is other nonagricultural shall not, that zoning, fall beyond the scope this definition; provided that processing operati

17 ons of operations that otherwise meet re
ons of operations that otherwise meet requirements of this SECTION 4. 183C-4, Hawaii Revised Statutes, department, after notice and provided in this shall review rules governing the use the conservation district that consistent with of necessary forest growth, of land and natural resources adequate for present and future needs, the conservation and for public and enjoyment. in section shall be made within the in accordance with zoning rule. may allow a zoned use and where temporary variance is for establish zones within the district, which shall be restricted The department

18 , rules, may therein which may include,
, rules, may therein which may include, not limited flower gardening, operation of commercial timber, rules may control uses, and specifically prohibit activities detrimental detrimental ()Notwithstznding this section or 2r.Y =ther l2;; to thc contr2ry, geothermzl reSGurceS exFlor2tlon zr,d geother& vnrSnl7vnh” rlnr7nl n nt 7- rlnf~nnrl 7,nrlnv onnt7-m 31 oL-11 rr , L.4- ULLAlLLU UIlULL ULLC-LULL I”L I, UllULJ- -L LLUWULLLU ULVLIW Per,,tlsslSle zses lz 211 zG=es of the cGns2rTzztlon dlstrlct- Thc v,Tlnp vnmT-Tvnrl r,nrlnv ”7~Lonnt~nn /h\ mnTinvn7nm t n 3-p- n

19 -F 1 -n LUILU LLYUILLU UIIULL .2UUULLLIW
-F 1 -n LUILU LLYUILLU UIIULL .2UUULLLIWll \bdj ywVLLIlAIIy LllL U.2L VI lull Wlthlr; the bG~LXd2rles of the cor;sera2tlGn dlstrlct skill be ,. nrl tn ~nn1~7rln thn nvn~i- p~nn~ nF th, r~ onnt~nn 7.774- n2-t LU LW IILLIUUL LIIL ~LW”IL)IUIlU WL L-IIIU ULLLIVII YYILIIVUL necessity Gf forml 2dOptlGr; sy the departFftcnt. si-f] (e) Whenever any makes an application to the boundaries land uses any zone, land uses, department proposes form of proposed rule the applicant shall then give public notice thereof during statewide and which the be given not to the date set for the

20 hearing, and time and of the the changes
hearing, and time and of the the changes proposed rules interested members The hearing shall agent or the board as may provided by in accordance rules adopted the board. purpose of its public hearings, the board require the giving amended by amending subsections (b), (e) to Urban districts shall include provided by ordinances or regulations the county within within zddltl=, urbx districts shrill hcl.;=?e gcotherd wT\?.n1,y.,-7n” n-7-1 ny-li-7 nn -lnA nT\r\t nv 1 wnonTTvnn” An~rnl n nt --,- LbUUULLLU L‘lyluLULIuII ULLU LWLLLLL I LLUUULLLU ULVLLU L, ULI defir,ed

21 ur,der sectior, 182 1, zz peruissible u
ur,der sectior, 182 1, zz peruissible uses.] (c) Rural districts shall include activities or uses by low density residential more than dwelling house per one-half provided by ordinance pursuant section 46-4(c), in areas where "city-like" concentration of people, structures, streets, services are and where small farms are low density residential lots that within subdivision, as defined the commission may allow one one-half acre, but not less than eighteen thousand hundred square feet, or an equivalent residential density, within rural subdivision and lot; provided dwellings

22 in the subdivision shall have a minimum
in the subdivision shall have a minimum size of acre or 21,780 square feet. Such petition for variance may be processed special permit procedure. These include contiguous areas which density residential lots or small farms reason of topography, soils, other related characteristics. districts shall also include golf courses, golf driving and golf-related Agricultural districts shall include: by the crops for bioenergy, orchards, forage, and Farming activities uses related to animal husbandry and game and fish propagation; Aquaculture, which production of life within ponds o

23 ther bodies of generated energy producti
ther bodies of generated energy production for public, private, Biofuel production, in section (16), for public, private, Solar energy provided that: This paragraph shall apply with soil study bureau's detailed classification as productivity rating class Solar energy facilities placed within land with soil classified as overall productivity rating SB LRB or twenty services and that support agricultural activities and accessory above activities, regardless whether conducted same premises agricultural activities accessory, including farm section 205-4.5(a)(4), farm buildings,

24 mills, facilities, processing facilitie
mills, facilities, processing facilities, photovoltaic, biogas, producing energy solely the agricultural activities leasehold owner property, agricultural-energy as defined in section areas, and plantation defined in 205-4.5(a) (12); and wind Small-scale meteorological, air quality, occupying less than one-half acre of land; provided shall not Agricultural parks; Agricultural tourism conducted on working farm, farming operation as in section enjoyment, education, of visitors; provided that agricultural tourism principal agricultural interfere with surrounding farm operatio

25 ns; and provided further that apply only
ns; and provided further that apply only to a that has adopted agricultural tourism activities, including overnight for any provided that this paragraph shall apply only to a county that includes islands and has adopted ordinances regulating activities pursuant agricultural tourism coexist with bona fide agricultural of this paragraph, "bona fide agricultural activity" means as defined section 165-2; recreational facilities; Agricultural-based commercial operations, A roadside that is and operated agricultural products Hawaii and value-added products that were produced agri

26 cultural products grown Retail activitie
cultural products grown Retail activities in an display and sale of agricultural products grown in Hawaii, value-added products that were produced using grown in the producer's other food items; retail food operated by permitted under under ll,] chapter 12 of the rules of the department of health that prepares using products grown were produced using agricultural products grown agricultural-based commercial certify, upon request of an officer or agent charged agricultural products displayed or by the operation meet the requirements of this Agricultural districts shall not i

27 nclude golf courses and driving ranges,
nclude golf courses and driving ranges, except section 205-4.5(d). Agricultural districts include that are not used are not suited to, agricultural and ancillary activities by topography, soils, and other related characteristics. (e) Conservation districts shall include areas and water sources; preserving and historic areas; providing park lands, wilderness, conserving indigenous or endemic plants, fish, and those which preventing floods and soil erosion; forestry; space areas whose existing openness, natural condition, present state surrounding communities, or would scenic

28 resources; areas for recreational purpo
resources; areas for recreational purposes; other related activities; other permitted not detrimental multiple use conservation concept. [Conservation Hawaii Revised Statutes, is subsection (a) read as follows: Within the agricultural district, land study detailed land as overall productivity rating class shall be restricted to the following permitted uses: including crops for bioenergy, foliage, fruits, forage, (2) Game and fish propagation; Raising of including poultry, bees, or other aquatic life personal use; dwellings, employee housing, farm buildings, and animal dwel

29 ling", as means a and used single-family
ling", as means a and used single-family farm agricultural parks developed the State, agricultural activity provides income and buildings are necessary Public and private open including day camps, picnic not including golf courses, golf ranges, country clubs, and and quasi-public utility stations, communications transfer stations, water storage tanks, and as booster storage, repair maintenance, treatment plants, corporation yards, Retention, restoration, rehabilitation, scenic interest; Agricultural-based commercial operations as described described E205 2(d) (15) ] ;] 205-

30 2(d) (14); Buildings and uses, including
2(d) (14); Buildings and uses, including mills, storage, processing facilities, maintenance facilities, photovoltaic, biogas, other small-scale renewable energy systems producing energy for use in agricultural activities of the leasehold owner vehicle and equipment storage that are normally considered to the above-mentioned uses and are permitted under used in this chapter means established subdivision agricultural support buildings on land currently formerly owned, leased, or operated sugar or provided that structures may employee housing allowed on land within subdivision

31 as employee housing former employees th
as employee housing former employees the plantation property interest in housing units not owned by agricultural workers; The agricultural support buildings agricultural support services; Agricultural tourism agricultural tourism activity is and secondary to the principal agricultural surrounding farm provided further that shall apply county that has adopted ordinances regulating agricultural tourism under section 205-5; Agricultural tourism activities, including overnight less, for any stay within county; provided shall apply county that includes three islands and adopted

32 ordinances regulating activities pursua
ordinances regulating activities pursuant to section 205-5; provided further that agricultural tourism activities coexist with bona fide agricultural paragraph, "bona farming operation in section 165-2; associated with production and transmission generated energy; provided that appurtenances are compatible agriculture uses adverse impact agricultural land; Biofuel processing facilities, associated with production and biofuels that is normally directly accessory growing of biofuel processing facilities and appurtenances not adversely agricultural land other agricultural "Ap

33 purtenances" means operational infrastru
purtenances" means operational infrastructure of the appropriate commercial storage feedstock, fuels, and biofuel processing facilities. processing facility" means gaseous fuels sources such biomass crops, agricultural residues, and oil including palm, canola, soybean, cooking oils; grease; food wastes; and animal residues and wastes used to LRB 14-0679.doc Agricultural-energy facilities, including appurtenances necessary for an enterprise; provided agricultural-energy enterprise activity. To primary activity agricultural-energy enterprise, the total acreage not less ninety

34 per agricultural-energy enterprise. ene
per agricultural-energy enterprise. energy facility entity conducting agricultural activity. in this "Agricultural activity" means any described in paragraphs "Agricultural-energy enterprise" means an enterprise that integrally incorporates agricultural activity with "Agricultural-energy facility" that generates, stores, or distributes renewable energy as defined in section 269-91 renewable fuel thermal energy liquid or gaseous fuels products of from agricultural located in the "Appurtenances" means operational infrastructure the appropriate type and for the commercial gen

35 eration, storage, similar handling and o
eration, storage, similar handling and other Construction and operation wireless communication antennas; provided equipment that is or attached already existing and that transmits and receives electromagnetic radio signals used in communications services; that nothing in this paragraph be construed permitted use this subsection; Agricultural education programs conducted on a operation as in section 165-2, for education and participation general public; the agricultural education programs are education programs are to and do with surrounding farm operations. section, "agricu

36 ltural education programs" means events
ltural education programs" means events designed promote knowledge and agricultural activities and practices on a (20) Solar energy facilities that do not occupy per cent the parcel, land, whichever lesser; provided that this not be permitted lands with land study overall (master) 7. Section Revised Statutes, amending subsection (c) to read as "(c) Unless permit issued pursuant chapter, only following uses shall within rural districts: residential uses; golf driving ranges, quasi-public, and public public In addition, lot size any low residential use be one-half and there s

37 hall be one dwelling per one-half acre,
hall be one dwelling per one-half acre, except as PART I1 legislature finds that geothermal resources development can public health, safety, and well-being. report dated study group developed preferred methods for monitoring studies that will assist government authorities in making informed decisions that neighboring communities surround geothermal energy development Hawaii Island. baseline studies establish the magnitude health effects from geothermal resources development. The notes the need monitoring systems for the air and water pollution and excessive legislature find

38 s that establishing competent monitoring
s that establishing competent monitoring systems pursuant report would help protect Further, geothermal development may affect water wells the development area as well as the coastal basal brackish groundwater and the using the recommendations, future water studies environmental impact from geothermal development. The report also that the should require future geothermal developers fund and baseline studies prior protect communities located vicinity of geothermal resources natural resources and each county final report the geothermal including the creation well as competent

39 monitoring prior to Act; and Ensure tha
monitoring prior to Act; and Ensure that permitted noise for exceed levels of nearby residential properties land and natural resources each county geothermal public health study group as dated September Establish limits permitted noise geothermal resources development activities to that noise levels are appropriate located in the area activity will occur. No geothermal resources development permit Act until the board the pertinent county, as the be, has fully complied with this section. new sections added for the letters used material to be repealed is and stricken. New st

40 atutory material upon its provided that
atutory material upon its provided that shall apply regard to geothermal resource subzone: Previously designated and natural Hawaii Revised that section read at the time (2) In that any such geothermal be reinstated retroactively subzone shall have been in from the time the subzone was 2012, through effective date Subzones; Public Restores, amends, repeals certain statutory geothermal energy production that were permitting process geothermal resources Public Health Study Group future geothermal summary description of legislation appearing this page is informational purpose