SB2156

SECTION 1. The legislature finds that the State's pristine natural landscapes and cultural settings have long provided iconic backdrops for motion pictures, television, and other creative industries that generate significant economic activity. According to the department of business, economic development, and tourism, in 2021, the Hawaii film production industry contributed an estimated $728 million in direct and induced economic activity and supported 51,231 jobs in the State. In addition, studies show that film-induced tourism is a powerful driver of visitor demand, with visitors frequently citing films as inspiration for travel.

The legislature further finds that smaller counties--Hawaii, Maui, Kauai, and Kalawao--possess abundant agricultural zoned lands suitable for limited, temporary, and carefully managed film production. Allowing film production subject to stringent oversight will stimulate rural economies and create new revenue streams for landowners without compromising long‑term agricultural viability. The legislature recognizes that lands designated as important agricultural lands, high‑productivity soils, and culturally or environmentally sensitive areas must be safeguarded from incompatible or degrading uses. Coordination with the county planning commissions, land use commission, and other relevant state agencies is essential to maintain statutory protections and uphold constitutional obligations relating to Native Hawaiian traditional and customary practices.

Accordingly, the purpose of this Act is to:

(1) Permit, facilitate, and regulate responsible film production on certain agricultural zoned lands in certain counties under certain conditions; and

(2) Establish the agricultural film production land use oversight committee to establish film permit application requirements and processes, facilitate the issuance of special and use permits for film production within agricultural districts, and advise and make recommendations relating to the regulation of film productions on agricultural zoned lands.

SECTION 2. Chapter 201, Hawaii Revised Statutes, is amended by adding a new subpart to part IX to be appropriately designated and to read as follows:

"SUBPart . Agricultural film production land use act.

§201-A Short title. This subpart shall be known as the Agricultural Film Production Land Use Act.

§201-B Purpose. The purpose of this Act is to permit, facilitate, and regulate responsible film production in agricultural zoned lands while fostering collaboration with any lineal descendants of the lands and ensuring the preservation, respect, and sustainable use of these lands for future generations. Encouragement of the film tourism industry shall be fostered through responsible film production on agricultural zoned lands that aims to showcase the cultural and historical significance of agricultural zoned lands in the State.

§201-C Applicability. This subpart shall apply only to counties with a population of less than five hundred thousand.

§201-D Definitions. As used in this subpart:

"Agricultural zoned parcel" means land that is designated:

(1) For agricultural use under county zoning regulations; and

(2) As important agricultural land within an agricultural district that may only be accessed for an approved and permitted use.

"Film permit" means the official authorization granted by relevant authorities for conducting film production on agricultural zoned parcels.

"Film production" means a short-term temporary activity related to the creation of visual media content, including motion pictures, television and streaming series, and commercial photography that are not part of ongoing agricultural operations.

"Film production area" means a designated areas within the agricultural zoned parcels where film production is permitted.

"Important agricultural land" means land identified and designated as important agricultural land pursuant to part III of chapter 205.

"Lineal descendant" means an individual directly descended from previous generations who has historical, ancestral, or cultural ties to the film production area.

"Oversight committee" means the agricultural film production land use oversight committee established pursuant to section 201-F.

"Structural integrity check" means a periodic assessment to ensure the stability and safety of any structure built for film production purposes.

§201-E Permissible film production on an agricultural zoned parcel. (a) Film production on an agricultural zoned parcel is permitted pursuant to this subpart; provided that:

(1) The parcel is not:

(A) Designated as important agricultural land;

(B) Land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B; and

(2) The film production company shall obtain all necessary film permits, including special permits pursuant to section 205-6, from the relevant government entities, outlining the scope of film production and adherence to guidelines; and

(3) The film production company shall make efforts to involve lineal descendants in decision-making processes concerning film production on an agricultural zoned parcel with ancestral value, thereby respecting the cultural heritage and historical significance of these lands.

(b) Film production areas may include temporary setups, including tents for filming and catering.

(c) Film set pieces and temporary structures constructed for film production purposes are permitted within film production areas; provided that the film set pieces and temporary structures comply with safety standards and undergo regular structural integrity checks.

(d) Upon the request of the owner of the agricultural zoned parcel, the ownership and maintenance responsibilities of any film set piece and temporary structure may be transferred from the film production company to the owner of the agricultural zoned parcel; provided that the terms of the transfer are mutually agreed upon between both parties.

§201-F Agriculture film production land use oversight committee; establishment; powers and responsibilities; penalties; rules. (a) There is established an agricultural film production land use oversight committee, to be placed within the creative industries division of the department for administrative purposes only, to serve as a coordinating body and advise the department's regulation of filmmaking on agricultural land.

(b) The oversight committee shall comprise the following:

(1) Four ex officio, voting members, including:

(A) The director of business, economic development, and tourism or their designee;

(B) The chairperson of the board of agriculture and biosecurity or their designee;

(D) The director of the office of planning and sustainable development or their designee; and

(2) Three voting members, who shall be appointed by the governor in accordance with section 26-34, including:

(A) One member of the board of trustees of the office of Hawaiian affairs;

(B) One member with experience in commercial film production; and

(1) Shall establish, in coordination with the appropriate county planning commission or department, land use commission, office of Hawaiian affairs, office of planning and sustainable development, department of land and natural resources, and department of agriculture and biosecurity:

(A) Film permit application requirements, fees, timelines, bonding and insurance minimums, and structural inspection protocol; and

(B) Processes for cultural review and biological surveys, including requirements for mitigation and restoration efforts;

(2) Shall facilitate the issuance and approval of a special permits for film productions within agricultural districts pursuant to section 205-6, in coordination with the appropriate county planning commission or department, land use commission, office of planning and sustainable development, and department of agriculture and biosecurity; and

(3) May advise and make recommendations on any fine or other penalty for non‑compliance with this subpart; provided that:

(A) Before recommending the imposition of a fine or penalty, the oversight committee shall notify the film production in violation; and

(B) Conduct an administrative hearing; provided further that any person aggrieved by the oversight committee's decision, shall be entitled to judicial review as provided by section 91-14.

(d) The oversight committee shall advise the department on the adoption of rules pursuant to section 201-G.

§201-G Rules. The department shall adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this subpart.

§201-H Violations; penalties. Any violation of this subpart may result in fines, suspension or revocation of permits, and other legal consequences as deemed appropriate by the department, and in accordance with rules adopted pursuant to section 201-G.

§201-I Conflict with other regulations. This subpart shall supersede any conflicting regulations to the extent permitted by law; provided that nothing in this subpart shall be construed to supplant the authority of the counties or land use commission to issue, approve, suspend, revoke, or enforce permits, including special use permits."

SECTION 3. Part IX of Chapter 201, Hawaii Revised Statutes, is amended by designating sections 201-111 to 201-115 as subpart A, and inserting a title before section 201-111 to read as follows:

"A. GENERAL PROVISIONS"

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 and for solar energy facilities, class B or C, 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. For the purposes of this paragraph, "farm dwelling" means a single-family dwelling located on and accessory to 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; provided that overnight camps in operation before January 1, 1961, may be approved by special permit;

(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; 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 biofuel 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 no 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, including small wireless facilities; 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 "small wireless facilities" shall have the same meaning as in section 206N-2; 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 paragraph, "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 or for which a special use permit is granted pursuant to section 205‑6; 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;

(21) Solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating B or C for which a special use permit is granted pursuant to section 205-6; provided that:

(A) The area occupied by the solar energy facilities is also made available for compatible agricultural activities at a lease rate that is at least fifty per cent below the fair market rent for comparable properties;

(B) Proof of financial security to decommission the facility is provided to the satisfaction of the appropriate county planning commission before the date of commencement of commercial generation; and

(i) Removal of all equipment related to the solar energy facility within twelve months of the conclusion of operation or useful life; and

(ii) Restoration of the disturbed earth to substantially the same physical condition as existed before the development of the solar energy facility.

For the purposes of this paragraph, "agricultural activities" means the activities described in paragraphs (1) to (3);

(22) Geothermal resources exploration and geothermal resources development, as defined under section 182-1;

(23) Hydroelectric facilities, including the appurtenances associated with the production and transmission of hydroelectric energy, subject to section 205-2; provided that the hydroelectric facilities and their appurtenances:

(A) Shall consist of a small hydropower facility as defined by the United States Department of Energy, including:

(i) Impoundment facilities using a dam to store water in a reservoir;

(ii) A diversion or run-of-river facility that channels a portion of a river through a canal or channel; and

(iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at higher elevation from a reservoir at a lower elevation to be released to turn a turbine to generate electricity;

(B) Comply with the state water code, chapter 174C;

(C) Shall, if over five hundred kilowatts in hydroelectric generating capacity, have the approval of the commission on water resource management, including a new instream flow standard established for any new hydroelectric facility; and

(D) Do not impact or impede the use of agricultural land or the availability of surface or ground water for all uses on all parcels that are served by the ground water sources or streams for which hydroelectric facilities are considered; [or]

(24) Temporary filming activity as a conditional accessory use; provided that the appropriate county planning commission or department approves the activity and the department of agriculture and biosecurity finds that the activity is compatible with existing agricultural use; provided further that the activity shall not:

(A) Result in the permanent physical degradation of soil or agricultural infrastructure;

(B) Displace any active agricultural operation; and

(C) Exceed a cumulative duration of thirty days, consecutively or cumulatively per year without a special use permit; provided further that for any activity with a film production timeframe that displaces normal agricultural operations, an applicant:

(i) Shall develop and submit to the land use commission, office of planning and sustainable development, and department of agriculture and biosecurity an agricultural impact statement which shall outline the applicant's procedures for soil protection, waste management, cultural consultation, and remediation efforts, in addition to applying for the appropriate permits from a county planning commission or department; and

(ii) Seeking a permit shall be subject to ongoing and post-permit compliance checks by the appropriate county planning commission or department and the department of agriculture and biosecurity; or

[~~(24)~~] (25) Notwithstanding any other law to the contrary, composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species."

SECTION 5. Section 205-6, Hawaii Revised Statutes, is amended to read as follows:

"§205-6 Special permit. (a) Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified. Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired. Each county may establish the appropriate fee for processing the special permit petition. Copies of the special permit petition shall be forwarded to the land use commission, the office of planning and sustainable development, and the department of agriculture and biosecurity for their review and comment.

(b) The planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur. The county planning commission shall notify the land use commission and [~~such~~] those persons and agencies that may have an interest in the subject matter of the time and place of the hearing.

(c) The county planning commission may, under [~~such~~] protective restrictions as may be deemed necessary, permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a use proposed for designated important agricultural lands shall not conflict with any part of this chapter. A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission.

(d) Special permits for land the area of which is greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the land use commission. The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant.

(e) A copy of the decision, together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres or for lands designated as important agricultural lands, shall be transmitted to the land use commission within sixty days after the decision is rendered.

Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition. A denial either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure.

(f) Land uses substantially involving or supporting educational ecotourism, related to the preservation of native Hawaiian endangered, threatened, proposed, and candidate species, that are allowed in an approved habitat conservation plan under section 195D-21 or safe harbor agreement under section 195D-22, which are not identified as permissible uses within the agricultural district under sections 205-2 and 205‑4.5, may be permitted in the agricultural district by special permit under this section, on lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U.

(g) Authorized land uses pursuant to section 201-E may be permitted in the agricultural district by special permit obtained under this section."

SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for 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 upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2156
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII