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SB516
THE SENATE
S.B. NO.
516
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to land use
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Chapter 201, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:
"
Part
.
�
Agricultural
film production land use act.
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�201-A
�
Short title.
�
This part shall be known as the
Agricultural Film Production Land Use Act.
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�201-B
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Purpose.
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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.
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Encouragement of the film tourism industry
shall be fostered through responsible film production in agricultural zoned
lands that aims to showcase the cultural and historical significance of
agricultural zoned lands in the State.
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�201-C
�
Definitions.
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As used in this part:
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"Agricultural zoned land" means
land designated for agricultural purposes under county zoning regulations.
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"Film permit" means the official
authorization granted by relevant authorities for conducting film production on
agricultural zoned lands.
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"Film production" means
activities related to the creation of visual media content including filming,
photography, and associated activities.
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"Film production area" means a designated
areas within the agricultural zoned lands where film production is permitted.
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"Lineal descendant" means an individual
directly descended from previous generations who has historical, ancestral, or
cultural ties to the film production area.
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"Oversight committee" means the
agricultural film production land use oversight committee
established pursuant to section 201-E.
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"Structural integrity check"
means a periodic assessment to ensure the stability and safety of any structure
built for film production purposes.
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�201-D
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Permissible film production within
agricultural zoned lands.
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(a)
�
Film
production on agricultural zoned lands is permitted pursuant to this part;
provided that this part shall only apply to counties with a population less
than five hundred thousand; provided further that:
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(1)
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The
land is not:
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(A)
�
Designated
as important agricultural land under chapter 205, part III, Hawaii Revised
Statutes;
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(B)
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Classified
by the land study bureau's classification system as class A or B; and
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(C)
�
Used
for active agricultural crop production;
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(2)
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The
film production company shall obtain all necessary film permits from the
relevant government entities, outlining the scope of film production and
adherence to guidelines; and
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(3)
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The
film production company shall make efforts to involve lineal descendants in
decision-making processes concerning film production on agricultural zoned
lands with ancestral value, thereby respecting the cultural heritage and
historical significance of these lands.
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(b)
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Film production areas may include temporary setups, such as tents for
filming and catering.
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(c)
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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.
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(d)
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Upon the request of the owner of the agricultural zoned land, 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 lands; provided that the terms of the transfer are
mutually agreed upon between both parties.
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�201-E
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Agriculture film production land use
oversight committee; establishment; responsibilities.
�
(a)
�
There is established within the
creative
industries division
of the department an agricultural film production land
use oversight committee consisting of experts in agriculture, conservation,
heritage, and filmmaking to monitor and enforce compliance with regulations on
film permit activities on agricultural zoned lands.
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(b)
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The oversight committee shall:
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(1)
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Establish
strict guidelines and oversight regarding film production on agricultural zoned
lands to ensure responsible land use;
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(2)
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Take
adequate measures to address any environmental, cultural, or societal concerns
arising from film production on agricultural zoned lands;
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(3)
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Ensure
that a
ll
film production areas
follow environmental and safety guidelines; and
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(4)
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Conduct
periodic reviews and revisions to ensure effectiveness and alignment with
evolving agricultural, environmental, and cultural preservation standards.
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(c)
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All owners of any set pieces or temporary structures constructed for
film production purposes on agricultural zoned lands shall schedule annual
structural integrity checks with the oversight committee to ensure compliance
with safety standards.
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�201-F
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Rules.
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The department may adopt rules
pursuant to chapter 91 necessary to effectuate the purposes of this part.
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�201-G
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Violations; penalties.
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Any
violation of this part may result in
fines, suspension or revocation of
permits, and other legal consequences as deemed appropriate by the oversight
committee established pursuant to section 201-E.
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�201-H
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Conflict with other regulations.
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Upon
adoption, this part shall supersede any conflicting regulations to the extent
permitted by law."
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SECTION
2
.
�
Section 205-6, Hawaii Revised Statutes, is
amended to read as follows:
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"
�205-6
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Special permit.
�
(a)
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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.
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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.
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Each county may establish the appropriate fee for processing the special
permit petition.
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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 for
their review and comment.
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(b)
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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.
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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.
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(c)
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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.
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A decision in favor of the applicant shall require a majority vote of
the total membership of the county planning commission.
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(d)
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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.
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(e)
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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.
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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.
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(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.
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(g)
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Land uses that are allowed pursuant to section 201-D, may be permitted
in the agricultural district by special permit under this section.
"
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SECTION 3.
�
In codifying the new sections added by section 1 of this Act, the
revisor of statutes shall substitute appropriate section numbers for letters
used in designating the new sections in this Act.
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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION
5
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Business, Economic Development, and Tourism; Creative Industries Division; Agricultural
Film Production Land Use Act; Agricultural Film Production Land Use Oversight
Committee
Description:
Permits
film production on lands that are zoned for agricultural use in counties with a
population of less than five hundred thousand and that meet other conditions.
�
Establishes the Agricultural Film Production
Land Use Oversight Committee to monitor and enforce compliance with regulations
on film permit activities on agricultural zoned lands.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.