RELATING TO LAND USE.

SB2156

THE SENATE

S.B. NO.

2156

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO LAND USE
.

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

����
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:

"SUB
Part .
�

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 c
lassified by the land
study bureau's detailed land classification as overall (master) productivity
rating class A or B; and

���������
(C)
�
Used for active agricultural crop
production;

����
(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;

����
����
(C)
�
The chairperson of the board of land
and natural resources or their designee; and

����
����
(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

����
����
(C)
�
One member with expertise in
agriculture and conservation.

����
(c)
�
The oversight committee:

����
(1)
�
Shall establish, i
n 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.
�
T
his
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 pro
vides
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 r
oadways, 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, s
torage,
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 b
iofuel 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)
�
S
olar 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

���������
(C)
�
Solar energy facilities shall be
decommissioned at the owner's expense according to the following requirements:

��������������
(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:

_____________________________

Report Title:

DBEDT;
Creative Industries Division; Agricultural Film Production Land Use Act;
Agricultural Film Production Land Use Oversight Committee; Rules

Description:

Permits
film production on
certain
lands
zoned for agricultural use
under certain conditions, including obtaining land
use special permits
.
�
Establishes the Agricultural Film Production
Land Use Oversight Committee
within the Creative Industries Division of the
Department of Business, Economic
Development, and Tourism
to establish film permit application requirements and
processes, facilitate the issuance of special permits for film production on
agricultural zoned parcels, and advise and make recommendations relating to the
regulation of
film p
roductions
on
agricultural zoned
lands.
�
Requires the
Department of Business, Economic
Development, and Tourism
to adopt rules.
�

Includes temporary filming activities as a permissible conditional
accessory use of lands within the agricultural district.
�
Includes film production on agricultural zone
parcels as a permitted use of land within the agricultural district under
special permits
.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.