Bill Text: HI SB3020 | 2016 | Regular Session | Introduced
Bill Title: Science and Technology Research Subzone
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-29 - Referred to EET, WAM. [SB3020 Detail]
Download: Hawaii-2016-SB3020-Introduced.html
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THE SENATE |
S.B. NO. |
3020 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to science and technology research subzones.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that Hawaii's geographical location, unique natural geological features, native species, ecological communities, and evolutionary adaptations are natural gifts that make Hawaii a living laboratory for scientific research. Hawaii has been at the forefront of scientific discoveries in fields ranging from oceanography, evolutionary biology, genetics, biomedicine, alternative energy, meteorology, to astronomy. Major discoveries made in Hawaii have yielded results that have significantly advanced human knowledge, including playing a critical role in a Nobel Prize winning discovery in astronomy.
The legislature further finds that research activity brings in millions of dollars that help diversify and stabilize the State's economy that is heavily dependent on tourism, which is a cyclical industry. A study of research expenditures in the University of Hawaii system alone, not including private or non-university funded federal projects, showed that research activity had an economic impact on business sales of $760,000,000, state taxes of $45,000,000, employee earnings of $275,000,000, and the generation of about seven thousand jobs.
Maintaining Hawaii's position as a globally recognized center for research and scientific discoveries is a matter of statewide concern, necessary for both the current and future economic health of the State and the social welfare of its people. The State, therefore, must continue to provide suitable and appropriate public lands to continue scientific and high-technology research. There are known areas in Hawaii that have unique characteristics of superior quality, where long established specialty scientific operations are conducted, and where the combination of location and unique scientific resource characteristics are found nowhere else in the world.
While it is critical for Hawaii to foster a healthy and thriving science and research reputation, it is equally important to carry out these activities while generating the smallest possible ecological footprint and to prevent unreasonable interference with the public's use and enjoyment of public lands.
The purpose of this Act is to address the need to establish science and technology research subzones and an approval process for future research facilities that incorporates alternative dispute resolution principles to ensure that the concerns of all stakeholders are taken into account using standards that are fair, equitable, and uniformly applied.
More specifically:
(1) Part II amends chapter 205, Hawaii Revised Statutes, by establishing science and technology research subzones and creating a mediation process as an alternative means for resolving any disputes in the designation or permitting processes;
(2) Part III amends chapter 183C, Hawaii Revised Statutes, by designating science and technology research subzones and science and technology research facilities as permitted uses in all zones of the conservation district; and
(3) Part IV amends chapter 171, Hawaii Revised Statutes, to provide for the negotiated lease of public lands to government agencies and science and technology research organizations and institutions for the development and operation of a science and technology research facility for nominal consideration and without auction.
PART II
SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§205- Science and technology research subzones. (a) Science and technology research subzones may be designated within the urban, rural, agricultural, and conservation land use districts established under section 205-2. Science and technology research activities may be permitted within urban, rural, agricultural, and conservation land use districts in accordance with this chapter. Within the urban, rural, and agricultural land use districts, direct use applications of science and technology research may be conducted both in and out of areas designated as science and technology research subzones pursuant to section 205- if the science and technology research activities conform with all other applicable state and county land use regulations and this chapter.
(b) The board of land and natural resources shall have the responsibility for designating areas as science and technology research subzones as provided under section 205- . The designation of science and technology research subzones shall be governed exclusively by this section and section 205- , except as provided therein. The board shall adopt, amend, or repeal rules related to its authority to designate and regulate the use of science and technology research subzones within the urban, rural, agricultural, and conservation land use districts. The authority of the board to designate scientific and technology research 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.
(c) The use of an area for science and technology research activities within a science and technology research subzone shall be governed by the board within the conservation district and, except as herein provided, by state and county statutes, ordinances, and rules not inconsistent within agricultural, rural, and urban districts, except that no land use commission approval or special use permit procedures under section 205-6 shall be required for the use of such subzones. In the absence of provisions in the county general plan and zoning ordinances specifically relating to the use and location of science and technology research activities in an agricultural, rural, or urban district, the appropriate county authority may issue a science and technology research permit to allow science and technology research activities.
Such uses as are permitted by county general plan and zoning ordinances, by the appropriate county authority, shall be deemed to be reasonable and to promote the effectiveness and objectives of this chapter. Chapters 177, 178, 182, 183, 183C, 205A, 226, 342, and 343 shall apply as appropriate. If provisions in the county general plan and zoning ordinances specifically relate to the use and location of science and technology research activities in an agricultural, rural, or urban district, the provisions shall require the appropriate county authority to conduct a public hearing on any application for a science and technology research permit to determine whether the use is in conformity with the criteria specified in subsection (e) for granting science and technology research permits.
(d) If science and technology research activities are proposed within a conservation district, with an application with all required data, the board 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 shall 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 comment related to the mediation issues. Within ten days after the second public hearing, the board may receive additional written comment 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 science and technology research 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 socioeconomic 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) If science and technology research activities are proposed within agricultural, rural, or urban districts and such proposed activities are not permitted uses pursuant to county general plan and zoning ordinances, then after receipt of a properly filed and completed application, including all required supporting data, the appropriate county authority shall conduct a public hearing. Upon appropriate request for mediation from any party who submitted comment at the public hearing, the county authority shall appoint a mediator within five days. The county authority shall require the parties to participate in mediation. The mediator shall not be an employee of any county agency or its staff. The mediation period shall not extend beyond thirty days after mediation started, except by order of the county authority. Mediation shall be confined to the issues raised at the public hearing by the party requesting mediation. The mediator shall submit a written recommendation to the county authority, based upon any mediation agreement reached between the parties for consideration by the county authority in its final decision. If there is no mediation agreement, the county authority may have a second public hearing to receive additional comment related to the mediation issues. Within ten days after the second public hearing, the county authority may receive additional written comment on the issues raised at the second public hearing from any party. The county authority shall consider the comments raised at the second hearing before rendering its final decision. The county authority shall then determine whether a science and technology research permit shall be granted to authorize the science and technology research activities described in the application. The appropriate county authority shall grant a science and technology research permit if it finds that the applicant has demonstrated that:
(1) The desired uses would not have unreasonable adverse health, environmental, or socioeconomic 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, school improvements, and police and fire protection; or
(3) That there are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.
Unless there is a mutual agreement to extend, a decision shall be made on the application by the appropriate county authority 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 appropriate county authority.
(f) Requests for mediation shall be received by the board or county authority within five days after the close of the initial public hearing. Within five days thereafter, the board or county authority shall appoint a mediator. Any person submitting an appropriate request for mediation shall be notified by the board or county authority 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 conference shall be held on the island where the public hearing is held.
(g) Any decision made by an appropriate county authority or the board pursuant to a public hearing or hearings under this section may be appealed directly on the record to the intermediate appellate court for final decision and shall not be subject to a contested case hearing. Sections 91-14(b) and (g) shall govern the appeal, notwithstanding the lack of a contested case hearing on the matter. The appropriate county authority or 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.
(h) 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 agency 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 agency from the mediator with any mediation agreement;
(6) A statement of relevant matters noticed by the agency members at the public hearings;
(7) The written decision of the agency issued in connection with the application and public hearings; and
(8) Other documents required by the board or county authority.
(i) As used in this section:
"Appropriate county authority" means the county planning commission unless some other agency or body is designated by ordinance of the county council.
"Board" means the board of land and natural resources.
"Science and technology research activities" means those noncommercial activities related to the planning, development and operation of a science and technology research facility for which a science and technology research permit has been issued.
§205- Designation of areas as science and technology research subzones. (a) The following areas shall be designated science and technology research subzones for the purposes of this chapter and shall be reviewed after a period of twenty-five years and may be extended or terminated pursuant to subsection (b):
(1) Natural Energy Laboratory of Hawaii Authority Science and Technology Park at Keahole Point, North Kona, island of Hawaii;
(2) Natural Energy Laboratory of Hawaii Authority Geothermal Research Facility, HGP-A at Pohoiki, Puna, island of Hawaii;
(3) Maui Research & Technology Center in Kihei, island of Maui;
(4) Haleakala high altitude observatory site, as defined by executive order number 1987, set aside to the University of Hawaii in Kula, island of Maui;
(5) Manoa Innovation Center at the University of Hawaii in Honolulu, island of Oahu;
(6) Hawaii Innovation Center, operated by the University of Hawaii in Hilo, island of Hawaii;
(7) Astronomy precinct, portion of the Mauna Kea science reserve, as defined by general lease number S-4191, issued to the University of Hawaii in Kaohe, island of Hawaii; and
(8) Hale Pohaku Mid-Level Facility, as defined by general lease number S-5529, issued to the University of Hawaii in Kaohe, island of Hawaii; and
(9) Other areas may be added as necessary.
(b) Beginning in 2017, the board of land and natural resources shall conduct a county-by county assessment of areas that meet the criteria set out in this section and demonstrate the potential for providing appropriate areas for conducting science and technology research activity. This assessment shall be revised or updated at the discretion of the board, but at least once each five years beginning in 2022. Any property owner or person with an interest in real property wishing to have an area designated as a science and technology research subzone may submit a petition for a science and technology research subzone designation in the form and manner established by rules adopted by the board. An environmental impact statement as defined under chapter 343 shall not be required for the assessment of areas for designation of science and technology research subzones under this section.
(c) The board’s assessment of each potential science and technology research subzone area shall examine factors to include, but not be limited to:
(1) The area’s potential and suitability for science and technology research;
(2) The history of similar science and technology research in the area;
(3) The existence of similar science and technology research facilities in the area;
(4) Social and environmental impacts;
(5) The compatibility of the facilities for science and technology research with the 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;
(6) The prospects for the use and application of such science and technology research in the area, including consideration of the presence of educational and other research institutions;
(7) The potential scientific, technological, economic, cultural and social benefits to be derived from the proposed research activity; and
(8) The compatibility of the science and technology research with the uses permitted under chapter 183C and section 205-2, where the area falls within a conservation district."
PART III
SECTION 3. Section 183C-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Notwithstanding this section or any other law to the contrary, science and technology research activities as defined under section 205- (i), geothermal resources exploration and geothermal resources development, as defined under section 182-1, shall be permissible uses in all zones of the conservation district. The rules required under subsection (b) governing the use of land within the boundaries of the conservation district shall be deemed to include the provisions of this section without necessity of formal adoption by the department."
SECTION 4. Section 183C-6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The department shall render a decision on a completed application for a permit within one-hundred-eighty days of its acceptance by the department. If within one-hundred-eighty days after acceptance of a completed application for a permit, the department shall fail to give notice, hold a hearing, and render a decision, the owner may automatically put the owner's land to the use or uses requested in the owner's application. When an environmental impact statement is required pursuant to chapter 343, or when a contested case hearing is requested pursuant to chapter 91, or when binding mediation is requested for the issuance of a science and technology research permit pursuant to section 205- , the one-hundred-eighty days may be extended an additional ninety days at the request of the applicant. Any request for additional extensions shall be subject to the approval of the board.
(c) The department shall hold a public hearing
in every case involving the proposed use of land for commercial purposes, at
which hearing interested persons shall be afforded a reasonable opportunity to
be heard. Public notice of the time and place of the hearing shall be given at
least once statewide and in the county in which the property is located. The
notice shall be given not less than twenty days prior to the date set for the
hearing. The hearing shall be held in the county in which the land is located
and may be delegated to an agent or representative of the board as may
otherwise be provided by law and in accordance with rules adopted by the
board. For the purposes of its public hearing or hearings, the department
shall have the power to summon witnesses, administer oaths, and require the
giving of testimony. As used in this subsection, the term "commercial purposes"
shall not include the use of land for utility purposes[.] or for
science and technology research activities within a science and technology
research subzone pursuant to section 205- ."
PART IV
SECTION 5. Section 171-95, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§171-95 Dispositions to governments, government agencies, public utilities, science and technology research organizations and institutions, and renewable energy producers. (a) Notwithstanding any limitations to the contrary, the board of land and natural resources may, without public auction:
(1) Sell public lands at such price and on such other terms and conditions as the board may deem proper to governments, including the United States, city and county, counties, other governmental agencies authorized to hold lands in fee simple and public utilities;
(2) Lease to the governments, agencies, public utilities, science and technology research organizations and institutions for noncommercial research purposes within a science and technology research subzone pursuant to section 205- , and renewable energy producers public lands for terms up to, but not in excess of, sixty-five years at such rental and on such other terms and conditions as the board may determine;
(3) Grant licenses and easements to the governments, agencies, public utilities, science and technology research organizations and institutions for noncommercial research purposes within a science and technology research subzone pursuant to section 205- , and renewable energy producers on such terms and conditions as the board may determine for road, pipeline, utility, communication cable, and other rights-of-way;
(4) Exchange public lands with the governments and agencies;
(5) Execute quitclaim deeds to the governments and agencies, with or without consideration, releasing any claim to the property involved made upon disputed legal or equitable grounds, whenever the board in its discretion deems it beneficial to the State; and
(6) Waive or modify building and other requirements and conditions contained in deeds, patents, sales agreements, or leases held by the governments and agencies whenever such waiver or modification is beneficial to the State."
PART V
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Science and Technology Research Subzone
Description:
Establishes science and technology research subzones and an approval process for future research facilities that incorporates alternative dispute resolution principles.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
