Bill Text: HI HB106 | 2013 | Regular Session | Amended
Bill Title: Geothermal Resources Development; Permits
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2013-03-21 - The committee on WTL deferred the measure. [HB106 Detail]
Download: Hawaii-2013-HB106-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
106 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GEOTHERMAL RESOURCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 205, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . GEOTHERMAL RESOURCES DEVELOPMENT
§205-A Geothermal resources development permits; applications. (a) To ensure that prospective geothermal resources development will have the least detrimental environmental impact, any application to obtain a geothermal resources development permit from a government entity shall provide, at a minimum, the following:
(1) An assessment of any potential geologic hazards to geothermal production or use in the proposed area or site;
(2) An assessment of any environmental or social impacts within the proposed area or site;
(3) An assessment of the compatibility of development and utilization of geothermal resources with other allowed uses within the proposed area or site and within the surrounding area; and
(4) A description of the proposed geothermal resources development, including the establishment of an appropriate, industry recognized buffer zone between the proposed geothermal resources development and abutting land.
(b) Within forty-five days of receiving the application, the government entity shall determine whether the application is complete, and if not, inform the applicant of the deficiency.
§205-B Geothermal resources development permits; agricultural, rural, and urban districts; county authority. (a) A permit for geothermal resources development or the operation of a geothermal energy facility within an agricultural, rural, or urban district shall be issued by the appropriate county authority.
(b) In addition to the requirements of this part and the powers pursuant to sections 46-1.5 and 46-4, each county may adopt more stringent ordinances regarding geothermal resources development permits within agricultural, rural, or urban districts.
(c) For the purposes of this part, "appropriate county authority" means the county entity that issues development permits.
§205-C Geothermal resources development permits; agricultural, rural, and urban districts; unpermitted use; public hearing. (a) If, after receipt of a properly filed and completed application, including all supporting data required under section 205-A, the appropriate county authority determines that the proposed geothermal resources development is not an expressly permitted use pursuant to the county general plan and zoning ordinances, the appropriate county authority shall conduct a public hearing.
(b) The public hearing shall be held on the island on which the geothermal resources development is being proposed and as close as practicable to the area that would be affected by the proposed geothermal resources development.
(c) No later than twenty days prior to the hearing, the appropriate county authority shall provide public notice to affected state agencies and owners of land within two thousand feet of the proposed geothermal resources development.
§205-D Request for mediation. (a) Any party who submits written comments at the public hearing shall have standing to request mediation between the aggrieved party and the applicant; provided that the request for mediation and a self-addressed postage prepaid envelope are received by the appropriate county authority no later than five days after the close of the initial public hearing.
(b) The appropriate county authority shall notify any person who submitted an appropriate request for mediation of the date, time, and place of the mediation conference by mailing the notice in the self-addressed postage prepaid envelope no later than ten days prior to the date of the mediation conference; provided that the mediation conference shall be held on the island where the initial public hearing was held.
§205-E Mediation. (a) The appropriate county authority shall appoint a mediator no later than fourteen days after receipt of an appropriate request for mediation under section 205-D; provided that the mediator shall not be an employee of any county agency.
(b) The appropriate county authority shall require the aggrieved party and the applicant to participate in mediation.
(c) The mediation period shall not extend beyond sixty days, except by order of the appropriate county authority, and shall be limited to the issues raised in the written comments submitted by the aggrieved party at the initial public hearing.
(d) If the parties cannot reach agreement on all of the disputed issues, the county authority may conduct a second public hearing at the same place as the initial public hearing to receive additional written comments from any party on any unresolved issues; provided that written comments received more than ten days after the second public hearing shall not be accepted.
(e) The appropriate county authority shall consider the comments submitted at the second public hearing prior to rendering a final decision.
§205-F Final decisions. (a) Unless an extension is agreed to by the applicant and the appropriate county authority, the appropriate county authority shall issue a final decision no later than six months after receipt of a properly filed and completed application under section 205-A.
(b) A geothermal resources development permit shall be issued if the appropriate county authority finds that the proposed geothermal resources development would not:
(1) Have unreasonable adverse health, environmental, or socioeconomic effects on residents and surrounding property; and
(2) Unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, school improvements, and police and fire protection;
provided that the appropriate county authority may prescribe mitigating actions to be taken by the applicant to address any unreasonable effects or burdens as a condition of the permit approval.
§205-G Final decisions; appeal. (a) A final decision under section 205-F may be appealed on the record directly to the intermediate appellate court for final decision and shall not be subject to a contested case hearing under chapter 91. Section 91-14(b) and (g) shall govern the appeal, notwithstanding the lack of a contested case hearing on the matter.
(b) The record shall include:
(1) The application and all supporting documents, including reports, studies, affidavits, statements, and exhibits, if any;
(2) Staff recommendations submitted to the appropriate county authority in consideration of the application;
(3) Oral and written comments submitted at the public hearings;
(4) Written transcripts of the public hearings;
(5) A statement of relevant matters noticed by the members of the appropriate county authority at the public hearings;
(6) Any written decision of the appropriate county authority related to the application and public hearings; and
(7) Other documents required by the appropriate county authority of the applicant.
§205-H Public hearings; transcript. To ensure a complete record for appeal, the appropriate county authority shall provide a court reporter to produce a transcript of all public hearings under this part."
SECTION 2. Section 183C-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§183C-6 Permits and site plan
approvals. (a) The department shall regulate land use in the conservation
district by the issuance of permits[.]; provided that any application
for a geothermal resources development permit shall be in accordance with
section 205-A."
SECTION 3. Section 205-2, Hawaii Revised Statutes, is amended by amending subsections (b), (c), and (d) to read as follows:
"(b) Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated.
In addition, urban districts shall include
geothermal resources exploration and geothermal resources development, as
defined under section 182-1, as permissible uses[.]; provided that for
the development, operation, or both of a geothermal to electrical energy
facility, a geothermal resources development permit shall be issued in
accordance with part .
(c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than eighteen thousand five hundred square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot; provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities.
In addition to the uses listed in this
subsection, rural districts shall include geothermal resources exploration and
geothermal resources development, as defined under section 182‑1, as
permissible uses[.]; provided that for the development, operation, or
both of a geothermal to electrical energy facility, a geothermal resources
development permit shall be issued in accordance with part .
(d) [Agricultural] Permissible uses
in agricultural districts shall include:
(1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;
(2) Farming activities or uses related to animal husbandry and game and fish propagation;
(3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;
(4) Wind generated energy production for public, private, and commercial use;
(5) Biofuel production, as described in section 205‑4.5(a)(16), for public, private, and commercial use;
(6) Solar energy facilities; provided that:
(A) This paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B, C, D, or E; and
(B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser;
(7) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, agricultural-energy facilities as defined in section 205-4.5(a)(17), vehicle and equipment storage areas, and plantation community subdivisions as defined in section 205‑4.5(a)(12);
(8) Wind machines and wind farms;
(9) Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;
(10) Agricultural parks;
(11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
[[](14)[]] Geothermal resources
exploration and geothermal resources development, as defined under section
182-1; [and] provided that for the development, operation, or both of
a geothermal to electrical energy facility, a geothermal resources development
permit shall be issued in accordance with part ; and
[[](15)[]] Agricultural-based
commercial operations, including:
(A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;
(B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items; and
(C) A retail food establishment owned and
operated by a producer and permitted under [[]title 11,[]]
chapter 12 of the rules of the department of health that prepares and serves
food at retail using products grown in Hawaii and value-added products that
were produced using agricultural products grown in Hawaii.
The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph.
Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d). Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."
SECTION 4. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses:
(1) Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber;
(2) Game and fish propagation;
(3) Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use;
(4) Farm dwellings, employee housing, farm buildings, or activities or uses related to farming and animal husbandry. "Farm dwelling", as used in this paragraph, means a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling;
(5) Public institutions and buildings that are necessary for agricultural practices;
(6) Public and private open area types of recreational uses, including day camps, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs, and overnight camps;
(7) Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures;
(8) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest;
(9) Agricultural-based
commercial operations as described in section [[]205-2(d)(15)[]];
(10) Buildings and uses, including mills, storage, and processing facilities, maintenance facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, and vehicle and equipment storage areas that are normally considered directly accessory to the above-mentioned uses and are permitted under section 205-2(d);
(11) Agricultural parks;
(12) Plantation community subdivisions, which as used in this chapter means an established subdivision or cluster of employee housing, community buildings, and agricultural support buildings on land currently or formerly owned, leased, or operated by a sugar or pineapple plantation; provided that the existing structures may be used or rehabilitated for use, and new employee housing and agricultural support buildings may be allowed on land within the subdivision as follows:
(A) The employee housing is occupied by employees or former employees of the plantation who have a property interest in the land;
(B) The employee housing units not owned by their occupants shall be rented or leased at affordable rates for agricultural workers; or
(C) The agricultural support buildings shall be rented or leased to agricultural business operators or agricultural support services;
(13) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(14) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(15) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;
(16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuels processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.
For the purposes of this paragraph:
"Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities.
"Biofuel processing facility" means a facility that produces liquid or gaseous fuels from organic sources such as biomass crops, agricultural residues, and oil crops, including palm, canola, soybean, and waste cooking oils; grease; food wastes; and animal residues and wastes that can be used to generate energy;
(17) Agricultural-energy facilities, including appurtenances necessary for an agricultural-energy enterprise; provided that the primary activity of the agricultural-energy enterprise is agricultural activity. To be considered the primary activity of an agricultural-energy enterprise, the total acreage devoted to agricultural activity shall be not less than ninety per cent of the total acreage of the agricultural-energy enterprise. The agricultural-energy facility shall be limited to lands owned, leased, licensed, or operated by the entity conducting the agricultural activity.
As used in this paragraph:
"Agricultural activity" means any activity described in paragraphs (1) to (3) of this subsection.
"Agricultural-energy enterprise" means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility.
"Agricultural-energy facility" means a facility that generates, stores, or distributes renewable energy as defined in section 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State.
"Appurtenances" means operational infrastructure of the appropriate type and scale for the economic commercial generation, storage, distribution, and other similar handling of energy, including equipment, feedstock, fuels, and other products of agricultural-energy facilities;
(18) Construction and operation of wireless communication antennas; provided that, for the purposes of this paragraph, "wireless communication antenna" means communications equipment that is either freestanding or placed upon or attached to an already existing structure and that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; provided further that nothing in this paragraph shall be construed to permit the construction of any new structure that is not deemed a permitted use under this subsection;
(19) Agricultural education programs conducted on a farming operation as defined in section 165-2, for the education and participation of the general public; provided that the agricultural education programs are accessory and secondary to the principal agricultural use of the parcels or lots on which the agricultural education programs are to occur and do not interfere with surrounding farm operations. For the purposes of this section, "agricultural education programs" means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in section 165-2;
(20) Solar energy facilities that do not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser; provided that this use shall not be permitted on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A; or
[[](21)[]] Geothermal resources
exploration and geothermal resources development, as defined under section 182‑1[.];
provided that for the development, operation, or both of a geothermal to
electrical energy facility, a geothermal resources development permit shall be
issued in accordance with part ."
SECTION 5. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:
(1) Low density residential uses;
(2) Agricultural uses;
(3) Golf courses, golf driving ranges, and golf-related facilities;
(4) Public, quasi-public, and public utility facilities; and
(5) Geothermal resources exploration and geothermal
resources development, as defined under section 182-1[.];
provided that for the development, operation, or both of a geothermal to
electrical energy facility, a geothermal resources development permit shall be
issued in accordance with part .
In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2."
SECTION 6. In codifying the new part and sections added by section 1 of this Act, the revisor of statutes shall substitute an appropriate part number and section numbers for the letters used in designating the new sections in this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2020.
Report Title:
Geothermal Resources Development; Permits
Description:
Establishes a permitting process for geothermal resources development within agricultural, rural, and urban districts. Establishes application requirements for geothermal resources development within conservation districts. Effective 07/01/2020. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
