REPORT TITLE:
Conservation district


DESCRIPTION:
Highlights the importance of preserving scenic resources in the
conservation district.  Establishes 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 and in the approval of high-
voltage electric power transmission lines greater than forty-six
kilovolts in the conservation district.  Amends the procedure for
the approval of applications for high-voltage electric power
transmission lines in the conservation district.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            595         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONSERVATION DISTRICTS.



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

 1      SECTION 1.  The legislature finds that the natural beauty of
 
 2 the State is important to the quality of life of Hawaii residents
 
 3 and to the State's visitor industry, which depends on scenic
 
 4 resources for its success.  The preservation of natural, scenic
 
 5 resources is thus a significant state goal, which is stated in a
 
 6 number of existing statutes, such as the Hawaii State Plan and
 
 7 the Coastal Zone Management Act.
 
 8      The legislature further finds that overhead high-voltage
 
 9 electric power transmission lines diminish the natural scenic
 
10 beauty of the State.  Poles and towers for high-voltage
 
11 transmission lines can be one hundred feet or more in height.
 
12 Poles, towers, and conducting wires can be seen from great
 
13 distances, industrializing and degrading the natural landscape.
 
14      The conservation district includes many of the most scenic
 
15 natural landscapes in the State, including pu'u, ridges,
 
16 mountains, and other prominent physiographic features that
 
17 provide a backdrop of beauty for urban, rural, and agricultural
 
18 lands.  As a matter of state policy, the placement of high
 
19 voltage electric power transmission lines in the conservation
 
20 district should be avoided.
 

 
Page 2                                         595         
                                     H.B. NO.           
                                                        
                                                        

 
 1      The legislature believes that this Act is consistent with,
 
 2 and builds upon, the work of the 1997 legislature which passed
 
 3 H.B. No. 2239, H.D. 2, which was enacted as Act 95, Session Laws
 
 4 of Hawaii 1997, relating to utility lines.  Act 95 requires that
 
 5 the public utilities commission take into consideration a series
 
 6 of financial, economic, social, environmental, health, and safety
 
 7 factors when evaluating the placement of one hundred thirty-eight
 
 8 kilovolt high voltage electric power transmission lines.  These
 
 9 factors are to be weighed in deciding whether a transmission line
 
10 will be constructed overhead or underground in any of the state
 
11 land use districts.
 
12      The purpose of this Act is to:
 
13      (1)  Highlight the importance of preserving scenic resources
 
14           in the conservation district;
 
15      (2)  Establish guidelines for the board of land and natural
 
16           resources to use in considering applications for the
 
17           construction of high voltage electric power
 
18           transmission lines in the conservation district;
 
19      (3)  Establish guidelines for the approval of high-voltage
 
20           electric power transmission lines greater than forty-
 
21           six kilovolts in the conservation district; and
 
22      (4)  Amend the procedure for the approval of applications
 
23           for high-voltage electric power transmission lines in a
 

 
Page 3                                         595         
                                     H.B. NO.           
                                                        
                                                        

 
 1           conservation district.
 
 2      SECTION 2.  Chapter 183C, Hawaii Revised Statutes, is
 
 3 amended by adding a new section to be appropriately designated
 
 4 and to read as follows:
 
 5      "§183C-    High voltage transmission lines.  (a)  In
 
 6 considering an application to construct a high voltage electric
 
 7 power transmission line of greater than forty-six kilovolts in a
 
 8 conservation district, the board shall adhere to the following
 
 9 guidelines:
 
10      (1)  The transmission lines and supporting poles or towers
 
11           shall not encroach upon a public view of a natural
 
12           landscape that exhibits a high degree of intactness or
 
13           vividness;
 
14      (2)  The transmission lines and supporting poles or towers
 
15           shall not encroach upon the summit of a pu'u, ridge, or
 
16           other prominent physiographic feature;
 
17      (3)  The transmission lines and any facilities, structures,
 
18           or access roads that support the transmission lines
 
19           shall be sited so that the transmission lines and any
 
20           such supporting facilities, structures, or access roads
 
21           are not visible from public viewpoints; and
 
22      (4)  Building materials and colors of otherwise permissible
 
23           transmission lines and supporting facilities,
 

 
Page 4                                         595         
                                     H.B. NO.           
                                                        
                                                        

 
 1           structures, or access roads shall blend with the
 
 2           natural landscape.
 
 3      (b)  The department shall give notice and hold a public
 
 4 hearing within one hundred eighty days of the acceptance of a
 
 5 completed application.  Other sections of this chapter
 
 6 notwithstanding, approval of an application to construct a high-
 
 7 voltage electric power transmission line of greater than forty-
 
 8 six kilovolts shall not occur automatically if the department
 
 9 fails to render a decision within one hundred eighty days of the
 
10 acceptance of a completed application.  Approval shall require
 
11 the affirmative vote of a majority of the members of the board."
 
12      SECTION 3.  Section 183-4, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  The department shall adopt rules governing the use of
 
15 land within the boundaries of the conservation district that are
 
16 consistent with the conservation of necessary forest growth, the
 
17 conservation and development of land and natural resources
 
18 adequate for present and future needs, and the conservation and
 
19 preservation of scenic resources and open space areas for public
 
20 use and enjoyment.  No use except a nonconforming use as defined
 
21 in section 183C-5, shall be made within the conservation district
 
22 unless the use is in accordance with a zoning rule."
 
23      SECTION 4.  Section 183C-1, Hawaii Revised Statutes, is
 

 
Page 5                                         595         
                                     H.B. NO.           
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "[[]§183C-1[]]  Findings and purpose.  The legislature finds
 
 3 that lands within the state land use conservation district
 
 4 contain important natural and scenic resources essential to the
 
 5 preservation of the State's fragile natural ecosystems [and], the
 
 6 sustainability of the State's water supply[.], the viability of
 
 7 industries that depend on the maintenance of Hawaii's natural
 
 8 beauty, and the quality of life of Hawaii residents.  It is
 
 9 therefore, the intent of the legislature to conserve, protect,
 
10 and preserve the important natural resources of the State through
 
11 appropriate management and use to promote their long-term
 
12 sustainability and the public health, safety and welfare."
 
13      SECTION 5.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval;
 
16 provided that this Act shall apply upon approval to all pending
 
17 conservation district use applications on which final action has
 
18 not yet occurred.
 
19 
 
20                           INTRODUCED BY:  _______________________