Florida House of Representatives
H. Lee Moffitt, Speaker Steve Pajcic, Speaker pro tempore
Committee on Regulatory Reform
Water Task Force Agenda
9:30am Bob Rhodes, Chairman
Discussion of the elements for the
local Government Comprehensive Plans
1:00pm Select CoTnittee on Growth Management
Representative C. Fred Jones
Department of Environmental Regulation
Discussion of elements for the
local Government Comprehensive Plans
Christian Holland, Ph.D., Staff Director
40 House Office Building, Thllahassee, Florida 32301 (904) 488-0996
TABLE OF CONTENTS
TASK FORCE ON WATER ISSUES
May 20, 1983
Room 413 Capitol
I. WORKSHEETS LOCAL GOVERNMENT COMPREHENSIVE PLAN ELEMENTS
II. SECTION 163.3177 REQUIRED AND OPTIONAL ELEMENTS OF
COMPREHENSIVE PLAN; STUDIES AND SURVEYS. FLORIDA STATUTES
III. HOUSE BILL 1331 STATE REGIONAL POLICY PLANS
IV. THE HAWAII STATE PLAN
V. EXECUTIVE ORDER POLICIES TO GUIDE STATE ACTIONS FOR
THE PHYSICAL AND ECONOMIC DEVELOPMENT OF MARYLAND
VI. RESOURCE MANAGEMENT TASK FORCE RECOMMENDATION SECTION ONE
VII. NEWSPAPER CLIPPINGS PERTAINING TO WATER
VIII. REIMBURSEMENT VOUCHER
TASK FORCE ON WATER ISSUES
MAY 20, 1983
Room 413, Capitol
9:30 a.m.-5:00 p.m.
One of the areas the Speaker asked us to consider
in his expanded charge was the development of policy
statements for the elements in the local government
comprehensive plans. The objective here would be the
development of a set of comprehensive policy statements
which reflect the growth expected over the next quarter
century. It is hoped that these policy statements
would serve as a framework within which all local com-
prehensive plans are developed.
Each local government comprehensive plan must con-
tain the following elements:
1. Future Land Use Plan Element
2. Traffic Circulation Element
3. Sanitary Sewer, Solid Waste, Drainage,
and Potable Water Element
4. Conservation Element
5. Recreation and Open Space Element
6. Housing Element
7. Intergovernmental Coordination Element
8. Utility Element
9. Coastal Zone Protection Element (for those
jurisdictions in the designated coastal zone)
10. Mass Transit
11. Port, Aviation, and Related Facilities
Local governments have the option of preparing any
additional elements that they believe appropriate, includ-
ing the following:
* I I
1. Non-Automotive Vehicular and Pedestrain Traffic
2. Off-Street Parking Facilities
3. Public Services and Facilities
4. Public Building and Related Facilities
5. Community Program
6. General Area Redevelopment
8. Historical and Scenic Preservation
9. Others, as determined locally
I would like you to list on the attached work sheets,
at least three aspects of these elements which you feel
are important in our efforts to develop policy statements
Today, we will hear from Representative Liberti on
the status of the Select Committee on Growth Management's
comprehensive planning bill and from Bob Rhodes, Chairman
of ELMS II on the activities planned for this Committee.
For the remainder of the day, we will work on the policy
statements for the local government comprehensive plans.
Future Land Use Plan Element
Traffic Circulation Element
Sanitary Sewer, Solid Waste, Drainage, and Potable Water Element
Recreation and Open Space Element
Intergovernmental Coordination Element
Coastal Zone Protection Element
(for those jurisdictions in the designated coastal zone)
Port, Aviation, and Related Facilities
Non-Automotive Vehicular and Pedestrian Traffic
Off-Street Parking Facilities
Public Services and Facilities
Public Building and Related Facilities
General Area Redevelopment
Historical and Scenic Preservation
Others, as determined locally
WATER TASK FORCE MEMBERS
LOCAL GOVERNMENT COMPREHENSIVE PLAN ELEMENTS
MAY 17, 1983
To assist you in responding to the Chairman's request
that you indicate at least three aspects of the local
government comprehensive plan elements (mandatory and
optional) which you feel are important in the development
of policy statements, I have included Section 163.3177,
Florida Statutes, relating to these required and optional
Please call me if you have any questions about this
I. 12 .NTERGOA .VERNME.NTAL. PROGRIAMSFS. 1. Q .
(f) Provide for other appropriate matters.
(3) Nothing in this act shall prevent the govern-
ing body of an incorporated municipality or county
that participates in creating a local planning agency
serving two or more jurisdictions from continuing or
creating its own local planning agency. A governing
body may assign to the local planning agency serving
two or more jurisdictions any or all of the functions,
powers, and duties of its own local planning agency.
Thereafter, such functions, powers, and duties shall
be exercised by the local planning agency serving two
or more jurisdictions; however, the governing body
may rescind such assignment upon passage of a reso-
lution at a duly publicized public meeting.
(4) The governing body or bodies may appropri-
ate funds for salaries, fees, and expenses necessary in
the conduct of the work of the local planning agency
and also establish a schedule of fees to be charged by
the agency. To accomplish the purposes and activi-
ties authorized by this act, the local planning agency,
with the approval of the governing body or bodies
and in accord with the fiscal practices thereof, has
the authority to expend all sums so appropriated and
other sums made available for use from fees, gifts,
state or federal grants, state or federal loans, and oth-
er sources; however, acceptance of loans must be ap-
proved by the governing bodies involved.
(5) The governing body of a municipality or
county or combinations thereof shall assign to the lo-
cal planning agency the general responsibility for the
conduct of the comprehensive planning program and
the preparation of the comprehensive plan or ele-
ments or portions thereof. The governing body in co-
operation with the local planning agency may desig-
nate any agency, committee, department, or person
to prepare the comprehensive plan or any element
thereof, but the responsibility for final recommenda-
tion of the adoption of such plan to the governing
body shall be the responsibility of the local planning
agency. The local planning agency shall monitor and
oversee the effectiveness and status of the compre-
hensive plan and recommend to the governing body
such changes in the comprehensive plan as may from
time to time be required. The responsibilities, pow-
ers, and duties of the local planning agency shall be
set out in the ordinance or act establishing the agen-
cy, subject to the particular requirements of this act.
History.-- 6 ch. 75-257; 1. ch. d77-223.
/ 163.3177 Required and optional elements of
comprehensive plan; studies and surveys.-
(1) The comprehensive plan shall consist of ma-
terials in such descriptive form, written or graphic, as
may be appropriate to the prescription of principles,
guidelines, and standards for the orderly and bal-
anced future economic, social, physical, environmen-
tal, and fiscal development of the area.
(2) Coordination of the several elements of the lo-
cal comprehensive plan shall be a major objective of
the planning process. The several elements of the
comprehensive plan shall be consistent, and the com-
prehensive plan shall be economically feasible.
(3) The economic assumptions on which the plan
is based and any amendments thereto shall be ana-
lyzed and set out as a part of the plan. Those ele-
ments of the comprehensive plan requiring the ex-
penditure of public funds for capital improvements
shall carry fiscal proposals relating thereto, includ-
ing, but not limited to, estimated costs, priority rank-
ing relative to other proposed capital expenditures,
and proposed funding sources.
(4) Coordination of the local comprehensive plan
with the comprehensive plans of adjacent municipali-
ties, the county, adjacent counties, or region and with
the state comprehensive plan shall be a major objec-
tive of the local comprehensive planning process. To
that end, in the preparation of a comprehensive plan
or element thereof, and in the comprehensive plan or
element as adopted, the governing body shall include
a specific policy statement indicating the relationship
of the proposed development of the area to the com-
prehensive plans of adjacent municipalities, the
county, adjacent counties, or region and to the state
comprehensive plan, as the case may require and as
such adopted plans or plans in preparation may exist.
(5) The comprehensive plan and its elements
shall contain policy recommendations for the imple-
mentation of the plan and its elements.
(6) In addition to the general requirements of
subsections (1)-(5), the comprehensive plan shall in-
clude the following elements:
(a) A future land use plan element designating
proposed future general distribution, location, and
extent of the uses of land for housing, business, in-
dustry, agriculture, recreation, conservation, educa-
tion, public buildings and grounds, other public facil-
ities, and other categories of the public and private
uses of land. The future land use plan shall include a
statement of the standards to be followed in the con-
trol and distribution of population densities and
building and structure intensity as recommended for
the various portions of the area. The future land use
plan may designate areas for future planned develop-
ment use involving combinations of types of uses for
which special regulations may be necessary to insure
development in accord with the principles and stan-
dards of the comprehensive plan and this act.
(b) A traffic circulation element consisting of the
types, locations, and extent of existing and proposed
major thoroughfares and transportation routes.
(c) A general sanitary sewer, solid waste, drain-
age, and potable water element correlated to princi-
ples and guidelines for future land use indicating
ways to provide for future potable water, drainage,
sanitary sewer, and solid waste requirements for the
area. The element may be a detailed engineering plan
for such facilities. The element shall describe the
problems and needs and the general facilities that
will be required for solution of the problems and
(d) A conservation element for the conservation,
development, utilization, and protection of natural
resources in the area, including, as the situation may
be, air, water, estuarine marshes, soils, beaches,
shores, flood plains, rivers, lakes, harbors, forests,
fisheries and wildlife, minerals, and other natural
and environmental resources.
(e) A recreation and open space element indicat-
ing a comprehensive system of public and private
sites for recreation, including, but not limited to, nat-
ing the ex-
n and with
ive plan or
) the com-
ire and as
I shall in-
ng of the
s for the
ural reservations, parks and playgrounds, parkways,
beaches and public access to beaches, open spaces,
and other recreational facilities.
(f) A housing element consisting of standards,
plans, and principles to be followed in:
1. The provision of housing for existing residents
and the anticipated population growth of the area.
2. The elimination of substandard dwelling con-
3. The improvement of existing housing.
4. The provision of adequate sites for future
housing, including housing for low-income and mod-
erate-income families, mobile homes, and group
home facilities and foster care facilities, with sup-
porting infrastructure and community facilities as
described in paragraphs (6)(c) and (7)(e) and (f).
5. Provision for relocation housing and identifica-
tion of housing for purposes of conservation, rehabili-
tation, or replacement.
6. The formulation of housing implementation
(g) For those units of local government lying in
part or in whole in the coastal zone as defined by the
Coastal Zone Management Act of 1972, 16 U.S.C. s.
1453(a), a coastal zone protection element, appropri-
ately related to the particular requirements of para-
graphs (d) and (e), including surveys of existing vege-
tation types which need to be preserved for natural
control of dune and beach erosion and surveys of tra-
ditional patterns of public access and use of beach re-
sources, setting out the policies for:
1. Maintenance, restoration, and enhancement of
the overall quality of the coastal zone environment,
including, but not limited to, its amenities and aes-
2. Continued existence of optimum populations
of all species of wildlife.
3. The orderly and balanced utilization and pres-
ervation, consistent with sound conservation princi-
ples, of all living and nonliving coastal zone re-
4. Avoidance of irreversible and irretrievable
commitments of coastal zone resources.
5. Ecological planning principles and assump-
tions to be used in the determination of suitability
and extent of permitted development.
6. Proposed management and regulatory tech-
In addition, at least 60 days before the adoption by a
governing body of the coastal zone protection ele-
ment, the governing body shall transmit a copy of the
proposed element to the '[Department of Environ-
mental Regulation] or its successor for written com-
ment pursuant to s. 163.3184.
(h) An intergovernmental coordination element
showing relationships and stating principles and
guidelines to be used in the accomplishment of coor-
dination of the adopted comprehensive plan with the
plans of school boards and other units of local gov-
ernment providing services but not having regulatory
authority over the use of land, with the comprehen-
sive plans of adjacent municipalities, the county, ad-
jacent counties, or the region, and with the state com-
prehensive plan, as the case may require and as such
adopted plans or plans in preparation may exist. This
element of the local comprehensive plan shall dem-
onstrate consideration of the particular effects of the
local plan, when adopted, upon the development of
adjacent municipalities, the county, adjacent coun-
ties, or the region or on the state comprehensive plan,
as the case may require.
(i) A utility element in conformance with the
10-year site plan required by the Florida Electrical
Power Plant Siting Act in part II of chapter 403.
(j) The optional elements of the comprehensive
plan in paragraphs (7)(a) and (b) are required ele-
ments for those units of local government having
populations greater than 50,000, as determined under
(7) The comprehensive plan may include the fol-
lowing additional elements, or portions or phases
(a) As a part of the circulation element of para-
graph (6)(b) or as a separate element, a mass-transit
element showing proposed methods for the moving of
people, rights-of-way, terminals, related facilities,
and fiscal considerations for the accomplishment of
(b) As a part of the circulation element of para-
graph (6)(b) or as a separate element, plans for port,
aviation, and related facilities coordinated with the
general circulation and transportation element.
(c) As a part of the circulation element of para-
graph (6)(b) and in coordination with paragraph
(6)(e), where applicable, a plan element for the circu-
lation of nonautomotive vehicular and pedestrian
traffic, including bicycle paths and bikeways, exercise
trails, riding facilities, and such other matters as may
be related to the improvement and safety of move-
ment of all types of vehicular and pedestrian traffic
or to recreational aspects of circulation.
(d) As a part of the circulation element of para-
graph (6)(b) or as a separate element, a plan element
for the development of offstreet parking facilities for
motor vehicles and the fiscal considerations for the
accomplishment of the element.
(e) A public services and facilities element, not
including the solid waste, potable water, drainage,
and sewer element which is required under para-
graph (6)(c) or plans required by paragraph (6)(i),
showing general plans for local utilities, rights-of-way
easements, and facilities.
(f) A public buildings and related facilities ele-
ment showing locations and arrangements of civic
and community centers, public schools, hospitals, li-
braries, police and fire stations, and other public
buildings. This plan element should show particular-
ly how it is proposed to effect coordination with gov-
ernmental units, such as school boards or hospital au-
thorities, having public development and service re-
sponsibilities, capabilities, and potential but not hav-
ing land development regulatory authority. This ele-
ment may include plans for architecture and land-
scape treatment of their grounds.
(g) A recommended community design element
which may consist of design recommendations for
land subdivision, neighborhood development and re-
development, design of open space locations, and
similar matters to the end that such recommenda-
1981 Ch 163-`'--` -- ---~`1-- -
I ~h III -- ` ---------- ..- --- =
PS 1 am
-~., .-,,_;~ -~~__~ ___-_'
!NTPR~rAVJRNRNMIPNTAT PUA(,R AMC Q 1'a oai
tions may be available as aids and guides to develop-
ers in the future planning and development of land in
(h) A general area redevelopment element con-
sisting of plans and programs for the redevelopment
of slums and blighted locations in the area and for
community redevelopment, including housing sites,
business and industrial sites, public buildings sites,
recreational facilities, and other purposes authorized
(i) A safety element for the protection of resi-
dents and property of the area from fire, hurricane,
or manmade or natural catastrophe, including such
necessary features for protection as evacuation routes
and their control in an emergency, water supply re-
quirements, minimum road widths, clearances
around and elevations of structures, and similar mat-
(j) An historical and scenic preservation element
setting out plans and programs for those structures
or lands in the area having historical, archaeological,
architectural, scenic, or similar significance.
(k) An economic element setting forth principles
and guidelines for the commercial and industrial de-
velopment, if any, and the employment and man-
power utilization within the area. The element may
detail the type of commercial and industrial develop-
ment sought, correlated to the present and projected
employment needs of the area and to other elements
of the plans, and may set forth methods by which a
balanced and stable economic base will be pursued.
(1) Such other elements as may be peculiar to,
and necessary for, the area concerned and as are add-
ed to the comprehensive plan by the governing body
upon the recommendation of the local planning agen-
(8) All elements of the comprehensive plan,
whether mandatory or optional, shall be based upon
data appropriate to the element involved. Surveys
and studies utilized in the preparation of the compre-
hensive plan shall not be deemed a part of the com-
prehensive plan unless adopted as a part of it. Copies
of such studies, surveys, and supporting documents
shall be made available to public inspection, and cop-
ies of such plans shall be made available to the public
upon payment of reasonable charges for reproduc-
History.--. 7, ch. 75-257; 1. ch. 77.174; s. 1. ch. 80-154.
*Note.-Brcketed language substituted for "Couta Coordinating Council"
to conform to 18, ch. 75-22 and 4, ch. 77-306.
163.3181 Public participation in the compre-
hensive planning process; intent.-
(1) It is the intent of the Legislature that the
public participate in the comprehensive planning
process to the fullest extent possible. Towards this
end, local planning agencies and local governmental
units are directed to adopt procedures designed to
provide effective public participation in the compre-
hensive planning process and to provide real proper-
ty owners with notice of all official actions which will
regulate the use of their property. The provisions and
procedures required in this act are set out as the
minimum requirements towards this end.
(2) During consideration of the proposed plan or
amendments thereto by the local planning agency or
by the local governing body, the procedures shall pro-
vide for broad dissemination of the proposals and al-
ternatives, opportunity for written comments, public
hearings as provided herein, provisions for open dis-
cussion, communications programs, information ser-
vices, and consideration of and response to public
History.- 8, ch. 75-257;. 3, h. 76-155; 1, h. 77-174; 3, ch. 77-331.
163.3184 Adoption of comprehensive plan or
element or portion thereof.-
(1) At least 60 days before the adoption by a gov-
erning body of a comprehensive plan or element or
portion thereof, or before the adoption of an amend-
ment to a previously adopted comprehensive plan or
element or portion thereof, the governing body shall:
(a) Transmit a copy of the proposed comprehen-
sive plan or element or portion thereof to the state
land planning agency for written comment. The state
land planning agency shall promptly publish the fact
of the local government's intended adoption of the
comprehensive plan or element or portion thereof in
the weekly publication required by subsection
380.06(9) and shall indicate therein the date, time,
and place of the public hearing to be held thereon. It
shall be the responsibility of the state land planning
agency to circulate all or appropriate elements of the
intended plan to appropriate state agencies for com-
ment and advice.
(b) Transmit a copy of the proposed comprehen-
sive plan or element or portion thereof to the regional
planning agency having responsibility over the area
for written comment.
(c) If it is a municipality or a unit of local govern-
ment under subsection 163.3171(4) transmit a copy
of the proposed comprehensive plan or element or
portion thereof to the local planning agency of the
county for written comment or, if there is no county
land planning agency, to the clerk of the circuit court
or the administrative officer of the county commis-
(d) Transmit a copy of the proposed comprehen-
sive plan or element or portion thereof to any other
unit of local government or governmental agency in
the state that has filed with the governing body a re-
quest for copies of all proposed comprehensive plans
or elements or portions thereof.
(e) Determine that the local planning agency has
held a public hearing on the proposed plan or ele-
ment or portion thereof with due public notice.
(2) Within 60 days, or any longer period to which
the governing body has agreed, after a local govern-
ment has transmitted a proposed comprehensive
plan or element or portion thereof to the state land
planning agency, the state land planning agency shall
submit in writing its comments on the proposed com-
prehensive plan or element or portion thereof, to-
gether with the comments of any state agencies to
which the state land planning agency may have re-
ferred the plan. The state land planning agency shall
specify any objections and may make recommenda-
tions for modifications. The review of the state land
planning agency shall be primarily in the context of
the relationship and effect, under chapter 23, of the
Ch 163 INTERGAVV RVMV.VTAT. IDRUr-RAMQ VC 1 ..a
SELECT COMMITTEE ON GROWTH MANAGEMENT
May 17, 1983
BILL NUMBER: PCB 83-13
RELATING TO: State and Regional Policy Plans
A. Present Situation
The Florida state comprehensive planning process is
inadequate in several major ways. Current law (Chapter 23,
Florida Statutes) does not provide clear direction with regard
The relationship between planning and
managing state government;
The relationship among state agency
planning, their budgets, and program
The relationship between comprehensive
planning and guiding future growth and
Conflict resolution among individual state
agency plans; and
Previous attempts to adopt a state comprehensive plan
failed in large part due to these weaknesses. While the
Legislature has required all cities and counties to adopt
comprehensive plans, the state has yet to do so. There exist no
state comprehensive plans to guide state efforts to cope with the
many problems and opportunities that confront Florida as a major
At the regional level, legislative mandates to institute
comprehensive planning, primarily through regional planning
councils, have similarly failed. Lack of adequate funding,
coupled with lack of specific direction for such planning
efforts, are two reasons often cited for this failure.
The consequences of failing adequately to plan for growth
and development at the state and regional level include:
Unresolved conflicts in executive agency
direction and purpose;
Inefficient use of scarce resources;
Inadequate management of governmental
Inadequate preparation for the growth
problems and opportunities facing the
B. Probable Effect of Bill
The Florida State and Regional Planning Act of 1983
proposes significant changes in the executive and legislative
roles in state and regional comprehensive planning.
At the state level, a state comprehensive plan is required
to be prepared by the Executive Office of the Governor, Office of
Planning and Budgeting, and adopted by the Governor and Cabinet,
sitting as the Florida Land and Water Adjudicatory Commission.
The state comprehensive plan would:
Be based on an analysis of growth pressures
Establish state goals and policies
applicable to state programs;
Contain specific growth management goals
and policies related to land use, water
resources, and transportation system
Contain estimates of state infrastructure
and capital outlay needs; and
Establish criteria and standards for review
and approval of state agency functional
plans and regional policy plans prepared by
regional planning councils.
All state agency budgets and programs are required to be
consistent with the adopted state comprehensive plan. All state
agencies are required to prepare and adopt state agency
functional plans, outlining agency program policies and
administrative directions to implement the state comprehensive
plan within their lawful agency responsibilities. The Governor,
as chief planning officer of the state, is required to review all
state agency functional plans for consistency with the state
comprehensive plan. Any conflicts are resolved through an
appeals process to the Florida Land and Water Adjudicatory
Legislative involvement in the state comprehensive
planning process is enhanced by assigning oversight
responsibility to an expanded, ten-member Administrative
Procedures Committee, with recommendations of the committee
considered by the Legislature at the session next following
adoption of the state comprehensive plan. The Legislature may
reject or modify the state comprehensive plan by three-fifths
vote of both houses of a general bill.
The Governor is also required to report annually to the
Legislature and the public concerning matters related to state
planning and growth management.
Regional comprehensive policy plans are to be prepared by
all regional planning councils within eighteen months of adoption
of the state comprehensive plan. Regional policy plans are
required to be consistent with the state comprehensive plan and
to contain goals and policies for guiding growth and development
within the region.
Consistency of regional comprehensive plans with the state
comprehensive plan is assured in the same manner as state agency
functional plans; the Governor conducts a review and conflicts
are resolved by appeals to the Florida Land and Water
Adjudicatory Commission. When adopted, regional policy plans
provide one basis for review of developments of regional impact
and other regional overview and comment functions.
The bill assigns overall executive coordinating
responsibilities for state and regional planning to the Executive
Office of the Governor. The bill gives rule making authority to
the Executive Office of the Governor to establish preparation and
content standards for state agency functional plans and
comprehensive regional policy plans.
A Growth Management Trust Fund is created in the state
land planning agency (Department of Community Affairs) from which
grants to state, regional, and local government agencies for
planning and growth management purposes can be made. No
appropriations are provided in this bill.
II. FISCAL IMPACTS
A. State Government
A significant amount of funding would be necessary at the
state level to implement the provisions of this bill, although
exact costs cannot be determined at this time. The Executive
Office of the Governor would bear the most direct front-end costs
because it is charged with initial preparation of the state
comprehensive plan. These costs will be offset to some extent by
the fact that substantial work has been completed towards
preparation of state goals and policies.
Some additional costs will be incurred by the Florida Land
and Water Adjudicatory Commission in adopting and revising the
state comprehensive plan.
Each state agency required to prepare state agency
functional plans will incur additional costs, depending upon the
adequacy of its existing agency plans.
The existing Administrative Procedures Committee is
expanded to ten members, and will incur additional costs in
reviewing and preparing legislative recommendations related to
the state comprehensive plan.
B. Local Government
No additional costs to local governments are expected as a
result of this bill.
C. Private Sector
No direct costs to the private sector are expected as a
result of this bill.
D. Other Sectors
Additional costs will be incurred by regional planning
councils to prepare and adopt comprehensive regional policy plans
over the next two years. The Governor has recommended $972,642
in fiscal year 1983-84 and $977,636 in fiscal year 1984-85 to
undertake similar planning requirements under existing law.
III. GROWTH IMPACTS
A. Overall Impact
This bill will manage growth and result in a stronger
system of management for government. For the first time, a
comprehensive, coordinated effort by the Governor and Cabinet and
all state agencies will specify goals for the state and policies
to achieve those goals. This bill will put the state in the
posture of acting in advance of the future consequences of
growth, rather than reacting to those consequences on a crisis
basis. It ties the programs and budgets of state agencies to an
overall state plan, and insures a meaningful oversight role by
the Legislature in the process. Regional planning consistent
with state direction will also result under the provisions of
B. Governmental Services
Comprehensive planning will not solve all the state's
problems. Planning can, however, insure efforts are coordinated,
consistent, and forward looking so that services are delivered in
the most efficient manner.
The bill requires the Executive Office of the Governor to
assess the infrastructure and capital outlay needs of the state
resulting from growth. Capital outlay recommendations contained
in the Governor's budget must be consistent with the state
C. Environmental Impacts
This bill should enhance the state's ability to protect
the state's environmental resources. Emphasis is placed on
growth management policies related to land use, water resources,
and transportation system development at both the state and
regional planning levels.
D. Social Impacts
This bill requires, among other things, state goals and
policies related to public safety, education, health concerns,
and social welfare concerns. Goals and policies of the state
comprehensive plan are required to preserve and enhance the
quality of life of Florida's citizens.
E. Economic Impacts
This bill requires that state goals and policies related
to economic opportunities be prepared and that a separate portion
of the state comprehensive plan address the long term
infrastructure and capital outlay needs of the state.
Analysis prepared by: James W. Maya
Staff Director's review: George H. Meier
1 A bill to be entitled l:btc
2 An act relating to state and regional planning; 1.4
3 providing a short title; amending s. 11.60,
4 Florida Statutes, increasing the membership of 1.5
5 the Administrative Procedures Committee and
6 requiring the committee to review the state 1.6
7 comprehensive plan, and changes therein, and to
8 make recommendations to the Legislature; 1.7
9 creating s. 23.01, Florida Statutes, providing 1.8
10 legislative findings and intent; amending s.
11 23.0112, Florida Statutes, providing
12 definitions; creating s. 23.01131, Florida 1.9
13 Statutes, granting certain powers and
14 responsibilities relating to state and regional 1.10
15 planning to the Executive Office of the
16 Governor; amending s. 23.0114(1), Florida 1.11
17 Statutes, transferring subsection (4) thereof,
18 and adding new subsections thereto; providing 1.12
19 for the preparation of the state comprehensive 1.13
20 plan and providing certain content thereof;
21 providing restrictions upon capital outlay 1.14
22 recommendations to the Legislature; amending s.
23 23.013, Florida Statutes, requiring the 1.15
24 Executive Office of the Governor to prepare a
25 proposed state comprehensive plan and providing 1.16
26 for its adoption; providing for legislative
27 review; providing for implementation of the 1.17
28 plan; creating s. 23.0131, Florida Statutes,
29 requiring state agencies to adopt state agency
30 functional plans; creating s. 23.0132, Florida 1.18
31 Statutes, requiring state agencies to prepare
CODING: Words in M*ue-k shpou type are deletions from existing low; words underlined are additions.
1 state agency functional plans consistent with 1.19
2 the state comprehensive plan; providing for 1.20
3 review thereof; amending s. 23.015, Florida
4 Statutes, changing the purposes of the 1.21
5 Governor's annual report of the state's 1.22
6 economic condition; amending s. 160.01(4),
7 Florida Statutes, requiring county membership 1.23
8 in regional planning councils; amending s.
9 160.07, Florida Statutes, changing requirements 1.24
10 and adoption procedures for comprehensive
11 regional policy plans; creating s. 160.072, 1.25
12 Florida Statutes, requiring certain review of
13 such plans prior to adoption; creating s. 1.26
14 160.076, Florida Statutes, providing for
15 periodic evaluation of such plans; creating the 1.27
16 Growth Management Trust Fund and providing its 1.28
17 purposes; repealing ss. 23.0115, 23.012,
18 23.0125, 23.014, 23.016, 23.0161, and 23.017, 1.29
19 Florida Statutes, deleting provisions relating
20 to the specification of data in the state 1.30
21 comprehensive plan, to certain general powers
22 and duties of the Executive Office of the 1.31
23 Governor, to the development of certain
24 environmental data, and to the preparation of 1.32
25 the annual development program; deleting
26 provisions relating to certain special reports 1.33
27 of the Executive Office of the Governor and to
28 required annual progress reports on state and 1.34
29 regional planning; deleting authority to 1.35
30 contract for assistance in preparation of
31 reports; repealing s. 160.003(6), Florida 1.36
CODING: Words in 44 tsh ok type are deletions from existing law; words underlined are additions.
1 Statutes, deleting the definition of the
2 Department of Community Affairs in provisions 1.37
3 relating to regional planning councils;
4 providing an effective date.
6 Be It Enacted by the Legislature of the State of Florida: l:enc
8 Section 1. This act shall be known and may be cited as 1.38
9 the "Florida State and Regional Planning Act of 1983." l:qq
10 Section 2. Subsections (1) and (2) of section 11.60, 1.40
11 Florida Statutes, are amended to read: 1.41
12 11.60 Administrative Procedures Committee; creation; 1.42
13 membership; powers; duties.-- 1.43
14 (1) There is created a joint standing committee of the 1.44
15 Legislature designated as the "Administrative Procedures
16 Committee," composed of 10 six members appointed as follows: 1.45
17 5 tkhee members of the House of Representatives appointed by l:lus
18 the Speaker of the House, 2 ene of whom shall be members a l:los
19 member of the minority party; and 5 three members of the 1.50
20 Senate appointed by the President of the Senate, 1 one of whom
21 shall be a member of the minority party. The president shall 1.53
22 appoint the chairman in even years and the vice chairman in 1.54
23 odd years, and the speaker shall appoint the chairman in odd
24 years and the vice chairman in even years, from among the 1.55
25 committee membership. Vacancies shall be filled in the same 1.56
26 manner as the original appointment. Members shall serve 1.57
27 without additional compensation, but shall be reimbursed for 1.58
29 (2) The committee shall: 1.59
30 (a) Maintain a continuous review of the statutory 1.60
31 authority on which each administrative rule is based and,
CODING: Words in 4*w*k tk**gh type are deletions from existing law; words underlined are additions.
1 whenever such authority is eliminated or significantly changed 1.61
2 by repeal, amendment, holding by a court of last resort, or 1.62
3 other factor, advise the agency concerned of the fact. 1.63
4 (b) Maintain a continuous review of administrative 1.64
5 rules and identify and request an agency to repeal any rule or 1.65
6 any provision of any rule which reiterates or paraphrases any
7 statute or for which the statutory authority has been 1.66
9 (c) Review administrative rules and advise the 1.67
10 agencies concerned of its findings. 1.68
11 (d) Have the duties prescribed by chapter 120 1.68
12 concerning the adoption and promulgation of rules. 1.69
13 (e) Generally review agency action pursuant to the 1..70
14 operation of the Administrative Procedure Act.
15 (f) Review the adopted state comprehensive plan or any 1.71
16 adopted amendments, revisions, or updates to the plan and 1.72
17 recommend to the Legislature the rejection, in whole or in
18 part, or the modification of the adopted rule. 1.73
19 .qff Report to the Legislature at least annually, no 1.74
20 later than the first week of the regular session, and 1.75
21 recommend needed legislation or other appropriate action.
22 (h)4*g Adopt rules and regulations necessary for its 1.76
23 own organization and operation and for that of its staff, 1.77
24 consistent with general law and the rules of each house.
25 (i)_fth Appoint an executive director and general l:lus
26 counsel, by majority vote of the members of the committee, and 1.80
27 fill any vacancy in that office in the same manner. 1.81
28 (j)i* Have general administrative responsibility for 1.82
29 the operations of its staff. 1.83
30 (k)41* Have standing to seek review in the courts of 1.84
31 the state, on behalf of the Legislature or the citizens of 2.1
CODING: Words in .eM* k tihp gh type are deletions from existing low; words underlined are additions.
1 this state, of the validity or invalidity of any 2.2
2 administrative rule to which the committee has voted an 2.3
3 objection and which has not been withdrawn, modified, 2.4
4 repealed, or amended to meet the objection. Judicial review 2.5
5 under this paragraph shall not be initiated until the Governor 2.6
6 and the agency head of the agency making the rule to which the
7 committee has objected have been notified of the committee's 2.8
8 proposed action and have been given a reasonable opportunity 2.9
9 for consultation with the committee. The committee is 2.11
10 authorized to expend public funds from its appropriation for 2.12
11 the purpose of seeking judicial review. 2.13
12 Section 3. Section 23.01, Florida Statutes, is created 2.14
13 to read:
14 23.01 Findings and intent.-- l:lus
15 (1) The Legislature finds and declares that: l:lus
16 (a) Growth and development issues transcend the l:lus
17 boundaries and responsibilities of individual units of 2.18
18 government, and often no single unit can plan or implement
19 policies to deal with these issues without affecting other 2.20
21 (b) It is necessary to establish an integrated l:lus
22 planning system and to ensure coordinated administration of 2.23
23 government policies, especially those dealing with land use,
24 water resources, and transportation system development. 2.25
25 (c) The preservation and enhancement of the quality of l:lus
26 life of the people of this state requires that a state 2.28
27 comprehensive plan be adopted and implemented by state and
28 regional agencies. 2.29
29 (2) The intent of this act is that the state l:lus
30 comprehensive plan guide state and regional agency policies, 2.32
31 especially those dealing with land use, water resources, and
CODING: Words in 4*.4k tslp-ej type ore deletions from existing low; words underlined are additions.
1 transportation system development. It is intended that state 2.34
2 agency functional plans be effectively coordinated to
3 facilitate the orderly, positive management of growth 2.35
4 consistent with the public interest. It is also intended that 2.36
5 the implementation of state and regional plans enhance the 2.37
6 quality of life of the citizens of the state.
7 Section 4. Section 23.0112, Florida Statutes, is 2.39
8 amended to read:
9 23.0112 Definitions.--As used in this part: 2.40
10 (1) "Executive Office of the Governor" means the l:lus
11 Executive Office of the Governor, Office of Planning and 2.42
13 (2) "State agency" means the Executive Office of the 2.43
14 Governor, each executive department, the Public Service
15 Commission, the Game and Fresh Water Fish Commission, the 2.44
16 Parole and Probation Commission, and the Department of 2.45
17 Military Affairs.
18 (3)41- "Regional planning agency" means the agency 2.47
19 designated by the Executive Office of the Governor to exercise 2.48
20 responsibilities under this part in a particular region of the 2.50
22 (4)_La "State comprehensive plan" means the goalsT 2.53
23 eobeectves7 and policies contained within the state
24 comprehensive plan initially prepared by the Executive Office 2.54
25 of the Governor and adopted pursuant to s. 23.013 division. 2.56
26 (5) "State agency functional plan" means the agency l:lus
27 program policies and objectives and administrative directions 2.58
28 contained within the plan prepared pursuant to s. 23.0131. 2.59
29 (6) "Goal" means the long-term end toward which l:lus
30 programs and activities are ultimately directed. 2.61
CODING: Words in +**Pck sh ugh type are deletions from existing low; words undelined are additions.
1 (7) "Policy" means the ways in which programs and l:lus
2 activities are conducted to achieve identified goals. 2.63
3 (8) "Objective" means specific, measurable, l:lus
4 intermediate ends that are achievable and mark progress toward 2.65
5 a goal.
6 Section 5. Section 23.01131, Florida Statutes, is 2.66
7 created to read:
8 23.01131 Powers and responsibilities.--For the purpose l:lus
9 of establishing consistency and uniformity in the state and 2.68
10 regional planning process and in order to insure that the 2.69
11 intent of this part is accomplished, the Executive Office of
12 the Governor shall:
13 (1) Identify and monitor on a continuing basis l:lus
14 statewide conditions and trends which impact the state. 2.71
15 (2) Prepare and update or revise on a regular basis l:lus
16 the state comprehensive plan. 2.73
17 (3) Prepare and adopt by rule criteria, formats, and l:lus
18 standards for the preparation and the content of state agency 2.75
19 functional plans and comprehensive regional policy plans. 2.76
20 (4) Designate the geographic boundaries of l:lus
21 comprehensive planning districts. 2.78
22 (5) Designate, prepare, or direct to be prepared l:lus
23 specific data, assumptions, forecasts, and projections for use 2.80
24 by each state and regional agency in the preparation of plans. 2.81
25 (6) Coordinate planning among federal, state, l:lus
26 regional, and local levels of government and between Florida 3.1
27 and other states.
28 (7) Prepare or direct appropriate state or regional l:lus
29 agencies to prepare such studies, reports, data collections, 3.3
30 or analyses as are necessary or useful in the preparation or
CODING: Words in .*weJk t&how h type are deletions from existing low; words underlined are additions.
1 revision of the state comprehensive plan, state agency 3.4
2 functional plans, or regional comprehensive policy plans. 3.5
3 (8) Designate regional data clearinghouses and act as l:lus
4 the state clearinghouse. 3.7
5 (9) Direct state and regional agencies to prepare and l:lus
6 implement, consistent with their authority and 3.10
7 responsibilities under law, such plans as are necessary to
8 further the purposes and intent of the state comprehensive 3.11
10 (10) Provide such data and information to the public l:lus
11 and to public and private agencies as it may have available. 3.13
12 (11) Contract with public agencies or private firms or l:lus
13 consultants for specialized services or research facilities 3.15
14 using federal, state, local, or private funds, whenever such
15 services or facilities are not otherwise available to it. 3.17
16 (12) Perform such other functions as are necessary to l:lus
17 carry out the intent of this part. 3.19
18 Section 6. Subsection (1) of section 23.0114, Florida 3.20
19 Statutes, is amended, present subsection (4) is transferred 3.21
20 and renumbered as subsection (3) of section 380.21, Florida
21 Statutes, present subsections (2) and (3) are renumbered as 3.22
22 subsections (7) and (8), respectively, and new subsections 3.23
23 (2), (3), (4), (5), and (6) are added to said section, to
25 23.0114 State comprehensive plan; preparation; 3.24
26 revision.-- 3.25
27 (1) The state comprehensive plan shall be prepared by 3.26
28 the Executive Office of the Governor; shall be consistent with 3.27
29 legislative policy expressed advieery-enlyr-exeeph-as 3.28
30 speei4ieal-y-autheeised by law; shall be based on the best 3.30
31 available data; and shall provide long-range guidance for the 3.31
CODING: Words in -***m thsaugh type are deletions from existing low; words underlined are additions.
1 orderly social, economic, and physical growth of the state by 3.32
2 setting forth goalsT-eb.eetivees and policies. We-bhe-enbent l:los
4 the-serviees-and-p3ans-e -leeal-egvernmen e-and-eegienaa 3.35
5 planning-ageneies-whe-peepaer~g-and-revisia -he-peevaBieBe 3.38
6 eo-the-state-eemprehensive-phaBT 3.39
7 (2) In preparing goals and policies of the state l:lus
8 comprehensive plan, the Executive Office of the Governor shall 3.41
9 analyze the problems, opportunities, and needs associated with 3.42
10 growth and development in Florida, particularly those related 3.43
11 to land use, water resources, and transportation system 3.45
12 development. The Executive Office of the Governor shall 3.46
13 document present conditions and trends, forecast future
14 conditions and trends based on expected growth patterns, and 3.47
15 identify needs. Such conditions, trends, and needs shall be 3.48
16 used to prepare goals and policies designed to preserve and 3.49
17 enhance the quality of life of Florida's citizens.
18 (3) The Executive Office of the Governor may include 3.50
19 in the state comprehensive plan goals and policies related to 3.51
20 the following program areas: economic opportunities; 3.52
21 agriculture; employment; public safety; education; health 3.53
22 concerns; social welfare concerns; housing and community 3.55
23 development; natural resources and environmental management;
24 recreational and cultural opportunities; transportation; and 3.56
25 governmental direction and support services.
26 (4) The Executive Office of the Governor shall prepare 3.57
27 statewide goals and policies related to the opportunities, 3.59
2 problems, and needs associated with growth and development in
29 Florida, which shall constitute the growth management portion 3.61
30 of the state comprehensive plan. In preparing the growth 3.63
31 management goals and policies, initial emphasis shall be 3.64
CODING: Words in ses k shpik type are deletions from existing low; words underlined ore additions.
1 placed on the management of land use, water resources, and 3.66
2 transportation system development. 3.67
3 (5)(a) The Executive Office of the Governor shall l:lus
4 prepare a separate portion of the state comprehensive plan 3.69
5 related to the long-term infrastructure and capital outlay 3.70
6 needs of the state. This portion shall be prepared based upon 3.73
7 a comprehensive assessment of needs conducted by the Executive
8 Office of the Governor and shall be updated annually as part 3.74
9 of the budgeting process prescribed by chapter 216. The 3.75
10 assessment shall estimate by area the future infrastructure 3.76
11 needs of the state that result from expected growth patterns, 3.78
12 and shall include recommendations for directing state
13 expenditures to particular areas of the state in order to 3.80
14 implement the growth management goals and policies of the
15 state comprehensive plan. 3.81
16 (b) All capital outlay recommendations submitted in l:lus
17 the budget of the Governor to the Legislature shall be 3.82
18 consistent with the goals and policies of the state 3.83
19 comprehensive plan and the long-term infrastructure and 3.84
20 capital outlay portion once adopted.
21 (c) Notwithstanding the provisions of this part, the l:lus
22 Executive Office of the Governor shall prepare the long-term 4.2
23 infrastructure and capital outlay portion of the state 4.4
24 comprehensive plan no later than July 1, 1985. 4.5
25 (6) The adopted state comprehensive plan shall l:lus
26 provide, in addition to other criteria established by law, 4.7
27 standards and criteria for the review and approval of state
28 agency functional plans and comprehensive regional policy 4.9
30 Section 7. Section 23.013, Florida Statutes, is 4.10
31 amended to read:
CODING: Words in -to-4Gk sujgh type are deletions from existing low; words underlined are additions.
1 (Substantial rewording of section. See l:lus
2 s. 23.013, F.S., for present text.) l:lus
3 23.013 State comprehensive plan; adoption; and 4.13
4 implementation.-- 4.14
5 (1) On or before December 1, 1983, the Executive 4.15
6 Office of the Governor shall prepare, and the Governor shall 4.16
7 recommend to the Florida Land and Water Adjudicatory
a Commission, a proposed state comprehensive plan. The Governor 4.18
9 shall transmit the proposed state comprehensive plan to the 4.19
10 Florida Land and Water Adjudicatory Commission within 15 days 4.20
11 of his acceptance of the plan. Copies shall also be provided 4.21
12 to each state agency, to each regional planning agency, to any 4.22
13 other unit of government that requests a copy, and to any
14 member of the public who requests a copy. 4.23
15 (2) On or before February 15, 1984, after holding 4.24
16 public hearings, the Florida Land and Water Adjudicatory 4.26
17 Commission shall by rule adopt the state comprehensive plan
18 with or without modification. 4.27
19 (3) All amendments, revisions, or updates to the plan 4.28
0 shall be adopted in the same manner as the original adoption. 4.30
21 (4) The Florida Land and Water Adjudicatory Commission 4.31
22 shall transmit the adopted state comprehensive plan, or any 4.32
23 adopted amendments, revisions, or updates to the plan, to the
24 President of the Senate, the Speaker of the House of 4.36
25 Representatives, and the chairman of the Administrative
26 Procedures Committee for review no later than 60 days prior to 4.37
27 the regular session of the Legislature next following 4.38
28 adoption. The Legislature may, with passage of a general bill
29 by a three-fifths vote of the membership of each house, reject 4.40
30 in whole or in part or modify the adopted rule. If the 4.41
31 Legislature takes no action relative to the adopted rule, the 4.42
CODING: Words in 4*wd oekoug type ore deletions from existing law; words underlined ore additions.
1 adopted rule shall continue in force until rejected or 4.43
2 modified as provided in this section.
3 (5) Upon adoption by the Florida Land and Water 4.44
4 Adjudicatory Commission, the state comprehensive plan shall be 4.45
5 implemented and enforced by all state agencies consistent with
6 their lawful responsibilities. The Governor, as chief 4.46
7 planning officer of the state, shall oversee the
8 implementation process. 4.47
9 (6) All state agency budgets and programs shall be 4.48
10 consistent with the adopted state comprehensive plan and shall 4.49
11 support and further its goals and policies.
12 Section 8. Section 23.0131, Florida Statutes, is 4.50
13 created to read:
14 23.0131 State agency functional plans.-- l:lus
15 (1) Consistent with the adopted state comprehensive l:lus
16 plan and with its statutory authority and responsibilities, 4.53
17 each state agency shall prepare and adopt by rule a state
18 agency functional plan. 4.54
19 (2) A state agency functional plan shall contain, at a l:lus
20 minimum, a statement of the policies guiding the agency's 4.56
21 programs and functions, and shall specify those objectives 4.57
22 against which the agency's achievement of its policies and the
23 state comprehensive plan's goals and policies shall be 4.58
24 evaluated. A state agency functional plan shall also identify
25 specific agency programs which support and further the goals 4.59
26 and policies of the growth management portion of the state 4.60
27 comprehensive plan.
28 (3) Preparation of state agency functional plans is a l:lus
29 continuing process, and each agency shall be required to 4.62
30 prepare its initial plan within 1 year of the adoption of the
31 state comprehensive plan. State agencies may continue to 4.65
CODING: Words in c4ttik though type are deletions from existing low; words underlined are additions.
1 implement existing plans until they are required to adopt 4.66
2 state agency functional plans pursuant to this section.
3 (4) All amendments, revisions, or updates to a state l:lus
4 agency functional plan shall be adopted in the same manner as 4.68
5 the original adoption and shall be prepared as needed because
6 of changes in the state comprehensive plan or changes in an 4.69
7 agency's statutory authority and responsibility. 4.72
8 (5) Notwithstanding the provisions of subsection (3), l:lus
9 the Department of Environmental Regulation, with regard to the 4.74
10 plan required by s. 373.036, and the state land planning 4.75
11 agency, with regard to the plan defined in s. 380.031, shall
12 prepare such state agency functional plans no later than 6 4.76
13 months after the adoption of the state comprehensive plan. 4.77
14 Section 9. Section 23.0132, Florida Statutes, is 4.79
15 created to read:
16 23.0132 State agency functional plan adoption; l:lus
17 consistency with state comprehensive plan.-- 4.82
18 (1) Within 1 year of the adoption of the state l:lus
19 comprehensive plan, each state agency, except as provided in 4.83
20 s. 23.0131, shall prepare and submit to the Executive Office 4.84
21 of the Governor its proposed state agency functional plan.
22 The Executive Office of the Governor shall review the proposed 5.1
23 state agency functional plan for consistency with the adopted 5.2
24 state comprehensive plan and shall, within 90 days, return
25 the proposed state agency functional plan to the agency, 5.3
26 together with any revisions recommended by the Governor. 5.5
27 (2) The state agency shall, within 60 days of the l:lus
28 return of its proposed state agency functional plan, initiate 5.6
29 rulemaking to adopt the state agency functional plan, 5.7
30 incorporating all revisions recommended by the Governor, or
31 shall petition the Florida Land and Water Adjudicatory 5.8
CODING: Words in **4s th ougk type are deletions from existing law; words underlined are additions.
1 Commission to resolve any disputes regarding the consistency
2 of the state agency functional plan or the revisions 5.9
3 recommended by the Governor with the state comprehensive plan. 5.10
WaST 4 The Florida Land and Water Adjudicatory Commission shall 5.11
5 resolve all such disputes within 60 days of initiation. 5.12
6 (3) The Florida Land and Water Adjudicatory l:lus
7 Commission, on its own motion by a majority vote of all its 5.13
8 members or on the petition of the Executive Office of the 5.14
9 Governor, shall require any state agency to submit its state
10 agency functional plan or any rule or program implementing 5.15
11 such plan to the commission for review for consistency with
12 the state comprehensive plan. 5.16
13 (4) The Florida Land and Water Adjudicatory Commission 5.17
14 shall order any state agency to amend each portion of a state
15 agency functional plan found to be inconsistent with the state 5.18
16 comprehensive plan or shall amend the appropriate portions of 5.19
17 the state comprehensive plan to achieve consistency with a
18 state agency functional plan. 5.20
19 Section 10. Section 23.015, Florida Statutes, is 5.21
20 amended to read:
21 (Substantial rewording of section. See l:lus
22 s. 23.015, F.S., for present text.) l:lus
23 23.015 Annual report.--The Governor as the chief 5.24
24 planning and budget officer of the state shall annually report 5.25
25 to the Legislature and the public on the state's economic
26 conditions, its infrastructure and capital outlay needs, and 5.26
27 the impacts of growth and development, and shall assess state, 5.27
28 regional, and local government efforts in addressing such
29 conditions, needs, and impacts. The report shall appraise 5.28
30 current growth trends, shall evaluate the extent to which 5.29
31 existing growth management policies effectively address such
COOING: Words in H.iyU L though type are deletions from existing law; words underlined are additions.
1 trends, and shall review such other factors and indicators as 5.30
2 are appropriate. The report shall contain timely and
3 authoritative data and information about economic and 5.31
4 demographic growth patterns and an analysis of such
5 information as it affects the state's goals and policies for 5.32
6 growth and development. The report shall contain specific 5.33
7 recommendations for legislative and administrative change
8 needed to continue to manage growth effectively and to build 5.34
9 upon the opportunities available. The report shall be related 5.35
10 to and developed in conjunction with the regular updates of
11 the state comprehensive plan.
12 Section 11. Subsection (4) of section 160.01, Florida 5.36
13 Statutes, is amended to read:
14 160.01 Regional planning councils; creation; 5.37
16 (4) Nothing contained in this act shall be construed 5.38
17 to mandate municipal leeal-en-erea-purpese government l:lus
18 membership or participation in a regional planning council. 5.40
19 However, each county shall be a member of the regional
20 planning council created within the comprehensive planning 5.41
21 district encompassing the county. 5.42
22 Section 12. Section 160.07, Florida Statutes, is 5.43
23 amended to read:
24 (Substantial rewording of section. See l:lus
25 s. 160.07, F.S., for present text.) l:lus
26 160.07 Comprehensive regional policy plans.-- 5.46
27 (1) A comprehensive regional policy plan shall contain 5.47
28 regional goals and policies, specifically including growth 5.49
29 management policies, and shall be consistent with and shall
30 further the state comprehensive plan. 5.50
CODING: Words in 4*pk tho-- type ore deletions from existing low; words underlined are additions.
1 (2) The Executive Office of the Governor shall adopt 5.52
2 by rule minimum criteria to be addressed in each comprehensive 5.53
3 regional policy plan and a uniform format for each plan. Such
4 criteria shall emphasize the need for each regional planning 5.54
5 council to focus on regional rather than local issues when 5.55
6 preparing and adopting a comprehensive regional policy plan.
7 (3) In preparing the comprehensive regional policy 5.56
8 plan, the council shall document present conditions and trends 5.57
9 with respect to the policy areas addressed, forecast future
10 conditions and trends based on expected growth patterns of the 5.58
11 region, and analyze the problems, needs, and opportunities 5.59
12 associated with growth and development in the region,
13 especially as they relate to land use, water resources, and 5.60
14 transportation system development.
15 (4) The regional goals and policies shall be used to 5.60
16 develop a coordinated program of regional actions directed at 5.61
17 resolving the identified problems and needs. 5.62
18 (5) The council shall give consideration to existing 5.63
19 state, regional, and local plans in accomplishing the purposes 5.64
20 of this section.. 5.65
21 (6) The council shall provide for adequate citizen 5.66
22 input into the regional planning process. 5.67
23 (7) Once adopted, a comprehensive regional policy plan 5.68
24 shall provide, in addition to other criteria established by 5.69
25 law, the basis for regional review of developments of regional
26 impact, federally assisted projects, and other regional 5.70
27 overview and comment functions. 5.71
28 (8) Regional planning councils shall consider and make 5.72
29 accessible to the public appropriate data and studies, 5.73
30 including development of regional impact applications and
31 agency reports, in order to assist participants in the 5.74
CODING: Words in 4s lk s~.ough type ore deletions from existing low; words underlined ore additions.
1 development of regional impact review process. A major 5.75
2 objective of the regional planning process shall be to
3 coordinate with the state land planning agency to achieve 5.76
4 uniformity and consistency in land use information and data
5 collection efforts in this state, and to provide a usable and 5.77
6 accessible data base to local governments and the private 5.78
8 Section 13. Section 160.072, Florida Statutes, is 5.80
9 created to read:
10 160.072 Comprehensive regional policy plan adoption; l:lus
11 consistency with state comprehensive plan.-- 5.82
12 (1) Within 18 months of the adoption of the state l:lus
13 comprehensive plan, each regional planning council shall 5.83
14 submit to the Executive Office of the Governor its proposed 5.84
15 comprehensive regional policy plan. The Executive Office of 6.1
16 the Governor shall review the proposed comprehensive regional
17 policy plan for consistency with the adopted state 6.2
18 comprehensive plan and shall, within 90 days, return the
19 proposed comprehensive regional policy plan to the council, 6.3
20 together with any revisions recommended by the Governor. 6.4
21 (2) The regional planning council shall, within 60 l:lus
22 days of the return of its proposed comprehensive regional 6.5
23 policy plan, initiate rulemaking to adopt the council's 6.6
24 comprehensive regional policy plan, incorporating all 6.7
25 revisions recommended by the Governor, or shall petition the 6.8
26 Florida Land and Water Adjudicatory Commission to resolve any
27 disputes regarding the consistency of the comprehensive 6.9
28 regional policy plan or the revisions recommended by the
29 Governor with the state comprehensive plan. The Florida Land 6.11
30 and Water Adjudicatory Commission shall resolve all such
31 disputes within 60 days of initiation. 6.12
CODING: Words in ** ..k shop h type ore deletions from existing low; words underlined ore additions.
1 (3) The Florida Land and Water Adjudicatory Commission, 6.14
2 on its own motion by a majority vote of all its members or on
3 the petition of the Executive Office of the Governor, shall 6.15
4 require any regional planning council to submit its
5 comprehensive regional policy plan or any rule or program 6.16
6 implementing such plan to the commission for review for 6.17
7 consistency with the state comprehensive plan.
8 (4) The Florida Land and Water Adjudicatory Commission 6.18
9 shall order any regional planning council to amend each 6.19
10 portion of a comprehensive regional policy plan found to be
11 inconsistent with the state comprehensive plan or shall amend 6.20
12 the appropriate portions of the state comprehensive plan to 6.21
13 achieve consistency with a comprehensive regional policy plan.
14 Section 14. Section 160.076, Florida Statutes, is 6.22
15 created to read:
16 160.076 Evaluation of comprehensive regional policy l:lus
17 plans.-- 6.24
18 (1) The planning process shall be a continuous and l:lus
19 ongoing process. Each regional planning council shall prepare 6.27
20 an evaluation report on its comprehensive regional policy plan 6.28
21 at least once every 3 years, assess the successes or failures 6.29
22 of the plan, and prepare amendments, revisions, or updates to
23 the plan.
24 (2) All amendments, revisions, or updates to a l:lus
25 comprehensive regional policy plan shall be adopted in the 6.31
26 same manner as the original adoption and shall be prepared as
27 needed because of changes in the state comprehensive plan or 6.32
28 based upon the evaluation report required by this section. 6.33
29 Section 15. Growth Management Trust Fund.-- 6.34
30 (1) There is established within the state land 6.35
31 planning agency a nonlapsing fund, to be entitled the Growth
CODING: Words in -j.sk s~teugh type are deletions from existing law; words underlined are additions.
1 Management Trust Fund. The moneys in this fund, exclusive of 6.38
2 refunds, may be used for the purpose of providing grants to 6.39
3 state agencies, regional planning agencies, and local
4 governments to carry out the provisions of chapters 23, 160, 6.40
5 163, 373, and 380, Florida Statutes.
6 (2) Moneys from the Growth Management Trust Fund may 6.41
7 be used for the preparation of any studies, plans, or reports 6.42
8 required pursuant to the provisions of chapters 23, 160, 163,
9 373, or 380, Florida Statutes; provided, however, that no 6.43
10 funds shall be used for fixed capital outlay projects without 6.46
11 prior legislative authorization.
12 (3) The state land planning agency shall adopt rules 6.47
13 for eligibility, application procedures, certification, and 6.48
14 other necessary requirements. These rules shall require that
15 all work performed by all grant recipients funded from the 6.50
16 Growth Management Trust Fund shall be consistent with an
17 adopted state comprehensive plan and with the state land 6.51
18 development plan.
19 (4) Moneys in the fund not needed to meet current 6.52
20 obligations incurred under this section shall be transferred 6.53
21 to the State Treasurer to the credit of the fund, to be
22 invested in the manner provided by law. Interest received on 6.54
23 such investments shall be credited to the fund. 6.55
24 Section 16. Sections 23.0115, 23.012, 23.0125, 23.014, 6.57
25 23.016, 23.0161, and 23.017, Florida Statutes, and subsection 6.58
26 (6) of section 160.003, Florida Statutes, created as
27 subsection (6) of section 160.02, Florida Statutes, by chapter 6.60
28 80-315, Laws of Florida, are hereby repealed. 6.61
29 Section 17. This act shall take effect July 1, 1983. 6.62
CODING: Words in suck ALough type are deletions from existing low; words underlined ore additions.
I **************************************** l:hbs
2 HOUSE SUMMARY l:hbs
3 Creates the "Florida State and Regional Planning Act of 6.65
S 1983." Increases the membership of the Administrative 6.66
4i Procedures Committee and requires the committee to review 6.67
the state comprehensive plan, and changes therein, and to
s5 make recommendations to the Legislature. Provides 6.69
S legislative findings and intent. Provides definitions. 6.70
Specifies powers and responsibilities of the Executive 6.72
7 Office of the Governor (EOG) with respect to state and 6.73
regional planning. Requires the EOG to prepare the state 6.74
81 comprehensive plan and specifies certain goals, policies,
and content of the plan. Requires capital outlay 6.76
9! recommendations to the Legislature to be consistent with
Provides procedures for the preparation and adoption of 6.78
11i the state plan. Provides for legislative review and 6.79
rejection or modification of the plan or amendments
12 thereto. Provides for implementation of the plan. 6.80
Requires state agencies to adopt state agency functional 6.81
131 plans. Provides for review by the Florida Land and Water 6.82
Adjudicatory Commission of certain plans, rules, or 6.83
14, programs of state agencies for consistency with the state
plan. Changes the content and purposes of the Governor's 6.84
i5 annual report of the economic conditions of the state. 7.1
16 Requires membership of counties on regional planning 7.3
councils. Changes requirements and adoption procedures 7.4
17 for comprehensive regional policy plans. Requires 7.5
certain review of such plans prior to adoption. Requires 7.6
:3 periodic evaluation of such plans.
19 Establishes a Growth Management Trust Fund under the 7.8
state land planning agency to fund certain planning and 7.9
20 growth management related programs. Specifies uses of 7.11
moneys in the fund.
Repeals provisions relating to state comprehensive 7.13
22 planning which:
1. Relate to data specification and development. 7.15
23 2. Specify the powers and duties of the EOG. 7.17
3. Provide for the development of certain 7.19
24 environmental data.
4. Provide for preparation of the annual development 7.21
5. Require the EOG to submit special reports to the 7.23
26 Legislature upon request.
6. Require the EOG to prepare annual progress reports 7.25
27 on state and regional planning.
7. Authorize the EOG to contract for assistance in 7.27
28 preparing or revising the state plan.
29 Repeals the definition of the Department of Community 7.30
Affairs in provisions relating to regional planning 7.31
CODING: Words in 4lo -ro*W type ore deletions from existing law; words underlined ore additions.
CHAPTER 226, HAWAII REVISED STATUTES
Department of Planning & Economic Development
SUMMARY OF MAJOR PROVISIONS OF CHAPTER 226, HAWAII REVISED STATUTES
THE HAWAII STATE PLAN
The overall structure of Chapter 226, Hawaii Revised Statutes, is as follows:
Part I. Overall Theme, Goals, Objectives, and Policies
Part II. Planning Coordination and Implementation
Part III. Priority Directions
PART I. OVERALL THEME, GOALS, OBJECTIVES, AND POLICIES
Findings and Purpose
The purpose of this Chapter is to set forth The Hawaii State Plan to serve as a guide for the future
long-range development of the State and to provide a basis for determining priorities and allocating limited
resources. It is also to establish a system for plan formulation and program coordination to provide for an
integration of all major State and County activities.
Overall Theme, Goals, Objectives, and Policies
An overall theme; economic, social and physical goals; and objectives and policies in the areas of
population, the economy, the physical environment, facility systems and socio-cultural advancement are set
PART II. PLANNING COORDINATION AND IMPLEMENTATION
Statewide Planning System
A Statewide Planning System is described including the overall theme, goals, objectives, and
policies, Priority Directions, State Functional Plans, County General Plans, and State Programs. Certain
implementation mechanisms are included: overall review, coordination and evaluation, program appropriations
process, capital improvement project appropriations process, budgetary review process of the Department of
Budget and Finance, the decision-making process of the Land Use Commission, the decision-making process of
the Board of Land and Natural Resources and the use of the A-95 State clearinghouse process.
There are nine public members on the Policy Council. Representation includes four from the City
and County of Honolulu, one from the County of Kauai, and two from each of the Counties of Maui and Hawaii.
There are also thirteen State agencies and four County planning departments represented on the Council.
The Governor appoints public members from a list of persons nominated by Mayors with the advice
and consent of the Council of the respective County. No less than three names for each appointive public
member entitled are to be submitted.
Expenses of Participants
Travel expenses of County planning directors and necessary expenses of public members are to be
reimbursed by DPED. State governmental members are to bear own expenses.
Voting rights are apportioned. County planning directors and public members are each entitled to
one vote. The chairman of the Council and four State agency heads are entitled to one vote on a rotation/
subject basis. Recommendations made to the Legislature shall be approved by a two-thirds vote which shall
not preclude minority reports.
The Policy Council advises the Legislature on the administration, amendment, and review of
The.Hawaii State Plan. Among its duties are: to discuss and make recommendations on conflicts regarding
The Hawaii State Plan, functional plans, County General Plans and Development Plans and programs, to review
functional plans and to prepare an annual review and report to the Legislature.
Department of Planning and Economic Development
The department is to provide assistance to the Policy Council in administering The Hawaii State Plan.
Duties include: to make recommendations regarding conflicts, review and evaluate The Hawaii State Plan, review
major plans, programs, projects and regulatory activities proposed by State and County agencies and assist in
review, amendment and annual review and report.
Amendments to the Overall Theme, Goals, Objectives, Policies, and Priority Directions
Any person may submit amendments which are to be reviewed by the DPFJ and Policy Council. The
Policy Council is to make recommendations to the Legislature. Public hearings are to be held in each County.
Relationship to The Hawaii State Plan/County General Plans
The formulation and amendment of a State Functional Plan shall conform to the State Plan and use
as a basis the County General Plans.
Types and Deadlines
Functional plans for agriculture, housing, tourism, and transportation are to be submitted prior
to the convening of the 1979 Legislature. Functional plans for conservation lands, education, energy, higher
education, health, historic preservation, recreation and water resources development are to be submitted prior
to the 1980 Legislature.
The Governor is to establish Advisory Committees where committees are not already in existence.
These committees are to have representatives of the public, County and State officials and experts in the
field for which functional plans are being prepared. The committee is to advise the State agency in
preparing the functional plan.
Functional plans shall be submitted to the Policy Council for review and evaluation at least
ninety days prior to submittal to the Legislature. Functional plans are to be submitted to the Legislature
no later than thirty days prior to the convening of the appropriate legislative session.
Functional plans shall not be used as a guide or to implement State policy unless said plans have
been approved by the Legislature. The Legislature, upon a finding of overriding Statewide concern, may
determine in any given instance that the site for a specific project may be other than that designated
in the County General Plan; provided, however, any facility or project contained in a County General Plan
shall not require the actual development or implementation of said facility or project or the inclusion
of the same by any State Functional Plan by any State agency.
Adoption is by concurrent resolution (i.e., passage by both Houses of the Legislature).
County General Plans
Relationship to The Hawaii State Plan
Further define and implement applicable provisions of The Hawaii State Plan provided that any
amendment to the County General Plan of each County shall not he contrary to the County Charter.
Relationship to State Functional Plans
The formulation, amendment and implementation of County General Plans or Development Plans shall
utilize as guidelines, Statewide objectives, policies and programs stipulated in State Functional Plans
adopted in consonance with this Chapter.
The County General Plans and Development Plans shall be in conformance with the overall theme,
goals, objectives, and policies, and Priority Directions by January 1982.
Shall be in conformance with The Hawaii State Plan including Priority Directions and State Functional
The Director of DPED shall assist the Governor in assuring that State programs are in conformance
with The Hawaii State Plan.
Annual Review and Report
The Policy Council, with the assistance of the Department shall prepare an annual report for
submittal to the Legislature, Mayors, and County Councils.
The annual review and report is to contain an assessment of progress being made in attaining
The Hawaii State Plan and recommendations to further implement the plan and improve coordination.
Prior to submittal, DPED is to hold informational meetings in each County of the State. Submittal
is no later than February 1 of each year.
PART III. PRIORITY DIRECTIONS
The purpose of this part is to establish an overall priority direction and implementing actions
:, address areas of Statewide concern.
The overall direction established is that the State of Hawaii shall strive to ensure the avail-
ability of desired employment opportunities for Hawaii's present and future population in an environmentally
and socially sound manner through the fostering of a balanced population and economic growth rate.
The effective date of this part has been set at May 1, 1979, to allow the State to gain further public
input on this section.
HAWAII STATE PLANNING ACT
PART I. OVERALL THEME, GOALS, OBJECTIVES AND POLICIES
(226-1) FINDINGS AND PURPOSE
(226-31 OVERALL THEME
(2264) STATE COALS
1226.5) ORJECTIVE AND POLICIES FOR POPULATION
(226-6] OBI.CTIVES AND POLICIES FOR THE ECONOMY-IN GENERAL
(1226.7) OBJFCTIVfES AND POI ICIf.S FOR THE ECONOMY-AGRICULTURE
1226-81 OBJECTIVE AND POLICIES FOR THf ECONOMY--.VISITOR INDUSTRY
(226-91 OBJECTIVE AND POLICIFS FOR TIlE ECONOMY-FEDERAL EXPENDITURES
(226-101 OBJECTIVE AND POLICIES FOR THF ECONOMY-POTENTIAL GROWTH ACTIVITIES
2lf1vAfIA oiatAL. a iv*' s.'. ... --
(226-11) ORBrcTIVE AND POLICIES FOR THE PHYSICAL ENVIRONMENT-LANDO-ASI.D.
SIIOREI.INE, AND MARINE RESOURCES
226-122 OBJLClIVE AND POLICIES FOR THE PHYSICAL ENVIRONMEfNT-SCENIC. NATURAL
RLAUn. AND HISTORIC RESOURCES
1226-13] OnirCTIV.s AND POLICIES FOR THE PHYSICAL ENVIRONMENT-LAND. AIR. AND WA-
TI R QUALITY
(226-141 OIUI.crlvF AND POLICIES FOR FACILITY SYSTEMS-IN GENERAL
1226-151 OlI.CTIVVS AND POLICIES IOR FACILITY SYSTLMS-SOLID AND LIQUID WASTES
(226-16) OJIECTIVE AND PO.ICILS FOR FACILITY SYSTEMS-WATLR
(226-17J OlJICTIVES AND POLICIES FOR FACILITY SYSTEMS-TRANSPORTATION
(226-181) 011 (TIVF.S AND POLICIES HIR FACILITY SYSTEMS--F'ERGY/UTILITIES
(226-19) Onii.crTvrS AND PO.ICIIS FOR SOCIOCULTURAL ADVANCEMENT-HOUSING
(226-201 OIUI.CTIVLS AND POLICIES FOR SOCIO-CULTURAL ADVANCEMENT-HEALTH
1276-21) OBII.CTVE AND POLICIES FOR SOCIO-CUITURAL ADVANCEMENT-EDUCATION
(226-22) OnH.iCTIVE AND POLICIES FOA SOCIO-CULTURAL ADVANCEMENT-SOCIAL SERVICES
(226-23) OsaI.CTIVE AND POLICIES FOR SOIO-CULTURAL ADVANCFMENT-LEISURE
(226-24) OnIDx-TIVE AND POLICIES FOR SOCIO-CULTURAL ADVANCEMENT-INDIVIDUAL
RIGHTS AND PERSONAL WELL-BEING
(226-25] OBJECTIVE AND POLICIES FOR SOCIO-CULTURAL ADVANCEMENT-CULTURE
(226-26] OaJECTrIVES AND POLICIES FOR SCIO-CULTURAL ADVANCEMENT-PUBLIC SAFETY
(226-271 OniECTIVE AND POLICIES FOR SOCIO-CULTURAL ADVANCEMENT-GOVERNMENT
(226-28] OBJECTIVE AND POLICIES FOR FISCAL MANAGEMENT-GOVERNMENT
PART II. PLANNING COORDINATION AND IMPLEMENTATION
(226-52) STATEWIDE PLANNING SYSTEM
226-53 PoI ICY COUNCIL; COMPOSITION; VOTING RIlGHS
(226-54] Po ICY COUNCIL; DUTIES
(226-55) DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT; DUTIES
(226-56) AMI NDMENTS TA TIE OVERALL THEME, GOALS. OUBECnTIVES POLICIES. AND PRIOR-
226-57 FUNCTIONAL PLANS; PREPARATION
226-58 FUNCTIONAL PLANS; FORM AND SUBMITTAL
(226-591 FUNCTIONAL PLANS; IMPLEMENTATION
(226-60) PROGRAMS AND PROJECTS; RECEIPT OF FEDERAL FUNDS
(226-611 COUNTY GENERAL PLANS; PREPARATION
(226-62) STATE PROGRAMS
(226-631 ANNUAL REVIEW AND REPORT
PART III. PRIORITY DIRECTIONS
(226-102) OVERALL DIRECTION
(226-103) ECONOMIC IMPLEMENTING ACTIONS
(226-104) POPULATION GROWTH AND DISTRIBUTION IMPLEMENTING ACTIONS
(226-10) IIAWAII'S LAND RESOURCES
Law Journals ud Reviews
Whither Hawaii? Land Use Management in an Island State. Daniel R. Mandelker A Annette B.
Kolis. I UII L REV. 48.
Land Use: Herein of Vested Rights. Plans, and Ihe Relationship of Planning and Conlrols. David
Callies. 2 UH L. REV. 167.
PART I. OVERALL THEME, GOALS, OBJECTIVES AND POLICIES
[226-1] Findings and purpose. The legislature finds that there is a need
to improve the planning process in this State, to increase the effectiveness of
public and private actions, to improve coordination among different agencies and
levels of government, to provide for wise use of Hawaii's resources and to guide
the future development of the State.
Sec. 2216. PLANNING-ECONOMIC DEVELOPMENT
The purpose of this chapter is to set forth the Hawaii state plan that shall
serve as a guide for the future long-range development of the State; identify the
goals, objectives, policies, and priorities for the State of Hawaii; provide a basis
for determining priorities and allocating limited resources, such as public funds,
services, manpower, land, energy, water, and other resources; and assure coordi-
nation of state and county plans, policies, programs, projects, and regulatory
The purpose of this chapter is also to establish a system for plan formulation
and program coordination to provide for an integration of all major state and
county activities. Implementation provisions contained herein are designed to
carry out statewide guidelines presented in the form of the overall theme, goals,
objectives, policies, and priority directions by:
(1) Fostering policy integration and coordination of state and county
plans, programs, projects, and regulatory activities;
(2) Defining a statewide planning system and processes; and
(3) Providing a basis for determining priorities and allocating limited
resources. (L 1978, c 100, pt of 2]
Health planning and resources development, see chapter 323D.
State law enforcement planning agency, see chapter 844.
Statewide transportation planning program, see chapter 279A.
[226-2] Definitions. As used in this chapter, unless the context other-
(1) "Department" means the department of planning and economic de-
(2) "Policy council" means the council established in section 226-53.
(3) "Advisory committee" means the committee established in section
226-57 to advise and assist in the formulation of the state functional
(4) "State agency" means any department, office, board, or commission
of the State, or the University of Hawaii.
(5) "County agency" means any department, office, board, or commis-
sion of the county.
(6) "Hawaii state plan" means a long-range comprehensive plan, includ-
ing the overall theme, goals, objectives, policies, priority directions.
and implementation mechanisms established in this chapter.
(7) "Priority directions" means the overall direction and implementing
actions established in this chapter.
(8) "County general plan" means the comprehensive long-range plan or
development plan, if any, which has been adopted by ordinance or
resolution by a county council.
(9) "County development plan" means a relatively detailed plan for an
area or region within a county to implement the objectives and poli-
cies of a county general plan.
(10) "Functional plan" means a plan setting forth the policies, programs,
and projects designed to implement the objectives of a specific field
of activity, when such activity or program is proposed, administered,
or funded by any agency of the State.
(11) "State programs" means a combination of actions and activities un-
dertaken by any state agency that are designed, coordinated, and exe-
HAWAII STATE PLANNING ACF Sec. 226-3
cuted to achieve an objective or set of objectives and policies within
defined areas of concern.
(12) "A-95 Clearinghouse" means the agency or agencies designated to
carry out the procedures established pursuant to federal directive A-
95 whereby certain applications for federal funds are reviewed and
affected agencies are notified of the proposed applications.
(13) "Regional carrying capacity" means the maximum population in a
given area that can be adequately supported in an economically and
environmentally sound manner. [L 1978, c 100, pt of 2]
[226-3] Overall theme. Hawaii's people, as both individuals and
groups, generally accept and live by a number of principles or values which are
an integral part of society. This concept is the unifying theme of the state plan.
The following principles or values are established as the overall theme of the
Hawaii state plan:
(1) Individual and family self-sufficiency refers to the rights of people to
maintain as much self-reliance as possible. It is an expression of the
value of independence, in other words, being able to freely pursue
personal interests and goals. Self-sufficiency means that individuals
and families can express and maintain their own self-interest so long
as that self-interest does not adversely affect the general welfare. In-
dividual freedom and individual achievement are possible only by
reason of other people in society, the institutions, arrangements and
customs that they maintain, and the rights and responsibilities that
(2) Social and economic mobility refers to the right of individuals to
choose and to have the opportunities for choice available to them. It
is a corollary to self-sufficiency. Social and economic mobility means
that opportunities and incentives are available for people to seek out
their own levels of social and economic fulfillment.
(3) Community or social well-being is a value that encompasses many
things. In essence, it refers to healthy social, economic, and physical
environments that benefit the community as a whole. A sense of social
responsibility, of caring for others and for the well-being of our com-
munity and of participating in social and political life, are important
aspects of this concept. It further implies the aloha spirit-attitudes
of tolerance, respect, cooperation and unselfish giving, within which
Hawaii's society can progress.
One of the basic functions of our society is to enhance the ability of individu-
als and groups to pursue their goals freely, to satisfy basic needs and to secure
desired socio-economic levels. The elements of choice and mobility within soci-
ety's legal framework are fundamental rights. Society's role is to encourage condi-
tions within which individuals and groups can approach their desired levels of
self-reliance and self-determination. This enables people to gain confidence and
self-esteem; citizens contribute more when they possess such qualities in a free
and open society.
Government promotes citizen freedom, self-reliance, self-determination, so-
cial and civic responsibility and goals achievement by keeping order, by increas-
ing cooperation among many diverse individuals and groups, and by fostering
social and civic responsibilities that affect the general welfare. The greater the
number and activities of individuals and groups, the more complex government's
role becomes. The function of government, however, is to assist citizens in attain-
Sec. ";- "^'.ANN NGr-lCUUNO MlC DLVELLOY'MEl.N I
ing their goals. Government provides for meaningful participation by the people
in decision-making and for effective access to authority as well as an equitable
sharing of benefits. Citizens have a responsibility to work with their government
to contribute to society's improvement. They must also conduct their activities
within an agreed-unon legal system that protects human rights. [L 1978, c 100,
pt of 2]
[226-4] State goals. In order to guarantee those elements of choice and
mobility that insure that individuals and groups may approach their desired levels
of self-reliance and self-determination, it shall be the goal of the State to achieve:
(1) A strong, viable economy, characterized by stability, diversity, and
growth, that enables the fulfillment of the needs and expectations of
Hawaii's present and future generations.
(2) A desired physical environment, characterized by beauty, cleanliness,
quiet, stable natural systems, and uniqueness, that enhances the men-
tal and physical well-being of the people.
(3) Physical, social, and economic well-being, for individuals and families
in Hawaii, that nourishes a sense of community responsibility, of car-
ing and of participation in community life. [L 1978, c 100, pt of 2]
[226-5] Objective and policies for population. (a) It shall be the objec-
tive in planning for the State's population to guide population growth to be
consistent with the achievement of physical, economic, and social objectives con-
tained in this chapter.
(b) To achieve the population objective, it shall be the policy of this State
(I) Manage population growth statewide in a manner that provides in
creased opportunities for Hawaii's people to pursue their physical,
social, and economic aspirations while recognizing the unique needs
of each county.
(2) Encourage an increase in economic activities and employment oppor
tunities on the Neighbor Islands consistent with community needs
(3) Ensure that adequate support services and facilities are provided to
accommodate the desired distribution of future growth throughout
(4) Promote increased opportunities for Hawaii's people to pursue their
socio-economic aspirations throughout the islands.
(5) Seek legislative and other means to manage the rate of migration of
new residents to the State of Hawaii, in order that it may be consistent
with the achievement of physical, economic, and social objectives con-
tained in this chapter.
(6) Foster an understanding of Hawaii's capacities to accommodate
(7) Encourage federal actions that will promote a more balanced distribu-
tion of immigrants among the states, provided that such actions do
not prevent the reunion of immediate family members.
(8) Pursue an increase in federal assistance for states with a greater pro-
portion of foreign immigrants relative to their state's population. [L
1978, c 100, pt of 2]
HAWAII TIA!E! I'LANINIlN AUtI ec. b L.'-
[226-6] Objectives and policies for the economy-in general. (a) Plan-
ning for the State's economy in general shall be directed toward achievement of
'he following objectives:
(1) Increased and diversified employment opportunities to achieve full
employment, increased income and job choice, and improved living
standards for Hawaii's people.
(2) A growing and diversified economic base that is not overly dependent
on a few industries.
(b) To achieve the general economic objectives, it shall be the policy of
this State to:
(1) Expand Hawaii's national and international marketing, communica-
tion, and organizational ties, to increase the State's capacity to adjust
to and capitalize upon economic changes and opportunities occurring
outside the State.
(2) Promote Hawaii as an attractive market for investment activities that
benefit Hawaii's people.
(3) Seek broader outlets for new or expanded Hawaii business invest-
(4) Expand existing markets and penetrate new markets for Hawaii's pro-
ducts and services.
(5) Assure that the basic economic needs of Hawaii's people are main-
tained in the event of disruptions in overseas transportation.
(6) Strive to achieve a sustained level of construction activity responsive
to, and consistent with, state growth objectives.
(7) Encourage the formulation of marketing cooperatives to assist small
scale producers, manufacturers, and distributors.
(8) Pursue more favorable marketing arrangements at the regional and
local levels for Hawaii's export products.
(9) Encourage labor-intensive activities that are economically satisfying.
(10) Foster greater cooperation and coordination between the public and
private sectors in solving Hawaii's employment problems.
(11) Promote economic activities, especially those which benefit areas with
substantial unemployment problems.
(12) Maintain acceptable working conditions and standards for Hawaii's
(13) Provide equal employment opportunities for all segments of Hawaii's
population through affirmative action and anti-discrimination meas-
(14) Encourage businesses that have favorable financial multiplier effects
within Hawaii's economy.
(15) Promote and protect intangible resources in Hawaii, such as scenic
beauty and the aloha spirit, which are vital to a healthy economy. [L
1978, c 100, pt of 2]
[226-7] Objectives and policies for the economy-agriculture. (a)
Planning for the Slate's economy with regard to agriculture shall be directed
towards achievement of the following objectives:
(1) Increased viability in sugar and pineapple industries.
(2) Continued growth and development of diversified agriculture
throughout the State.
(b) To achieve the agriculture objectives, it shall be the policy of this State
See. 226-"' PLANNING-ECONOMIC DEVELOPMENT
(1) Fester attitudes and activities conducive to maintaining agriculture
as a major sector of Hawaii's economy.
(2) Seek federal legislation that benefits Hawaii's agricultural industries.
(3) Promote Hawaii's agricultural products locally, on the continental
United States, and internationally.
(4) Support research and development activities that provide greater effi.
ciency and economic productivity in agriculture.
(5) Enhance agricultural growth by providing public incentives and en-
couraging private initiatives.
(6) Assure the availability of agriculturally suitable lands with adequate
water to accommodate present and future needs.
(7) Increase the attractiveness and opportunities for an agricultural edu.
cation and livelihood.
(8) Expand lawaii's agricultural base by promoting growth and develop-
ment of flowers, tropical fruits and plants, livestock, feed grains, for-
estry, food crops, aquaculture, and other potential enterprises.
(9) Strengthen diversified agriculture by developing an effective market.
ing and distribution system between producer and consumer.
(10) Promote economically competitive activities that increase Hawaii's
(11) Promote and assist in the establishment of sound financial programs
for diversified agriculture. [L 1978, c 100, pt of 2]
[226-8] Objective and policies for the economy-visitor industry. (a)
Planning for the State's economy with regard to the visitor industry shall be
directed towards the achievement of the objective of a visitor industry that consti-
tutes a major component of steady growth for Hawaii's economy.
(b) To achieve the visitor industry objective, it shall be the policy of this
(1) Assist in the overseas promotion of Hawaii's vacation attractions.
(2) Ensure that visitor industry activities are in keeping with the social,
economic, and physical needs and aspirations of Hawaii's people.
(3) Improve the quality of existing visitor destination areas.
(4) Encourage greater cooperation between the public and private sectors
in developing and maintaining well-designed and adequately serviced
visitor industry and related developments.
(5) Ensure that visitor facilities and destination areas are carefully
planned and sensitive to existing neighboring communities and activi-
(6) Develop the industry in a manner that will provide the greatest num-
ber of primary jobs and steady employment for Hawaii's people.
(7) Provide opportunities for Hawaii's people to obtain job training and
education that will allow for upward mobility within the visitor indus-
(8) Foster a recognition of the contribution of the visitor industry to
Hawaii's economy and the need to perpetuate the aloha spirit.
(9) Foster an understanding by visitors of the aloha spirit and of the
unique and sensitive character of Hawaii's cultures and values. (L
1978, c 100, pt of 2]
[226-9] Objective and policies for the economy-federal expen-
dltur". (a) Plannina for the State's economy with regard to federal expend-
HAWAII STATE PLANNING ACT Sec. 226-10
itures shall be directed towards achievement of the objective of a stable federal
investment base as an integral component of Hawaii's economy.
(b) To achieve the federal expenditures objective, it shall be the policy of
this State to:
(1) Encourage the sustained flow of federal expenditures in Hawaii that
generates long-term government civilian employment.
(2) Maintain Hawaii's supportive role in national defense.
(3) Promote the future development of federally supported activities in
Hawaii that respect state-wide economic concerns, are sensitive to
community needs, and minimize impacts on Hawaii's environment.
(4) Increase opportunities for entry and advancement of Hawaii's people
into federal government.
(5) Encourage federal use of local commodities, services, and facilities
available in Hawaii.
(6) Strengthen federal-state-county communication and coordination in
all federal activities that affect Hawaii.
(7) Promote the return of federally controlled lands in Hawaii that are
not required for the defense of the nation and the mutually beneficial
exchanges of land between federal agencies, the state and the counties.
(L 1978. c 100, pt of 2]
(226-10) Objective and policies for the economy-potential growth ac-
tivities. (a) Planning for the State's economy with regard to potential growth
activities shall be directed towards achievement of the objective of development
and expansion of potential growth activities that serve to increase and diversify
Hawaii's economic base.
(b) To achieve the potential growth activity objective, it shall be the policy
of this State to:
(1) Encourage investment and employment in economic activities that
have the potential for growth such as diversified agriculture, aquacul-
ture, apparel and textile manufacturing, and energy and marine-
(2) Expand Hawaii's capacity to attract and service international pro-
grams and activities that generate employment for Hawaii's people.
(3) Enhance Hawaii's role as a center for international trade, finance,
services, technology, education, culture, and the arts.
(4) Accelerate research and development of new energy-related industries
based on wind, solar, ocean, and underground resources and solid
(5) Encourage the formulation of marketing cooperatives to assist small
scale producers, manufacturers, and distributors.
(6) Pursue more favorable marketing arrangements at the regional and
local levels for Hawaii's export products.
(7) Promote Hawaii's geographic, environmental, and technological ad-
vantages to attract new economic activities into the State.
(8) Provide public incentives and encourage private initiative to attract
new industries that will support Hawaii's social, economic, physical,
and environmental objectives.
(9) Generate new ocean-related economic activities in mining, food pro-
duction, and scientific research. [L 1978, c 100, pt of 2]
. S. 226-11 PLANNING-ECONOMIC DEVELOPMENT
[226-11] Objectives and policies for the physical environment- land.
based, shoreline, and marine resources. (a) Planning for the State's physical
environment with regard to land-based, shoreline, and marine resources shall be
directed towards achievement of the following objectives:
(1) Prudent use of Hawaii's land-based, shoreline, and marine resources.
(2) Effective protection of Hawaii's unique and fragile environmental re-
(b) To achieve the land-based, shoreline, and marine resources objectives,
it shall be the policy of this Stale to:
(i) Exercise an overall conservation ethic in the use of Hawaii's natural
(2) Ensure compatibility between land-based and water-based activities
and natural resources and ecological systems.
(3) Take into account the physical attributes of areas when planning and
designing activities and facilities.
(4) Encourage the beneficial use of statewide forest resources without
generating costly or irreparable environmental damage.
(5) Consider multiple uses in watershed areas, provided such uses do not
detrimentally affect water quality and recharge functions.
(6) Encourage the protection of rare or endangered plant and animal
species and habitats native to Hawaii.
(7) Provide public incentives that encourage private actions to protect
significant natural resources from degradation or unnecessary deple-
(8) Pursue compatible relationships among activities, facilities, and natu-
ral resources, especially within shoreline areas.
(9) Promote greater accessibility and prudent use of the shoreline for
public recreational, educational, and scientific purposes. [L 1978, c
100, pt of 2]
[226-12] Objective and policies for the physical environment-scenic,
natural beauty, and historic resources. (a) Planning for the State's physical
environment shall be directed towards achievement of the objective of enhance-
ment of Hawaii's scenic assets, natural beauty, and multi-cultural/historical re-
(b) To achieve the scenic, natural beauty, and historic resources objective,
it shall be the policy of this State to:
(I) Promote the preservation and restoration of significant natural and
(2) Provide incentives to maintain and enhance historic, cultural, and
(3) Promote the visual and aesthetic enjoyment of mountains, ocean vis-
tas, scenic landscapes, and other natural features.
(4) Protect those. special areas, structures, and elements that are an inte-"
gral and functional part of Hawaii's ethnic and cultural heritage.
(5) Encourage the design of developments and activities that complement
the natural beauty of the islands. [L 1978, c 100, pt of 2]
[226-13] Objectives and policies for the physical environment-land,
air, and water quality. (a) Planning for the State's physical environment with
regard to land, air, .nd water quality shall be directed towards achievement of
the following objectives:
HAWAII STATE PLANNING ACT Sec. 226-15
(1) Maintenance and pursuit of improved quality in Hawaii's land, air,
and water resources.
(2) Greater public awareness and appreciation of Hawaii's environmental
(b) To achieve the land, air, and water quality objectives, it shall be the
policy of this State to:
(1) Foster educational activities that promote a better understanding of
Hawaii's limited environmental resources.
(2) Promote the proper management of Hawaii's land and water re-
(3) Promote effective measures to achieve desired quality in Hawaii's
surface, ground, and coastal waters.
(4) Encourage actions to maintain or improve aural and air quality levels
to enhance the health and well-being of Hawaii's people.
(5) Reduce the threat to life and property from erosion, flooding, tsuna-
mis, earthquakes, and other natural or man-induced hazards and
(6) Encourage design and construction practices that enhance the physi-
cal qualities of Hawaii's communities.
(7) Encourage urban developments in close proximity to existing services
(8) Foster recognition of the importance a.:d value of the land, air, and
water resources to Hawaii's people and their cultures. [L 1978, c 100,
pt of 2]
[226-14] Objective and policies for facility systems-in general. (a)
Planning for the State's facility systems in general shall be directed towards
achievement of the objective of water, transportation, waste disposal, and utility
systems that support statewide social, economic, and physical objectives.
(b) To achieve the general facility systems objective, it shall be the policy
of this State to:
(1) Accommodate the needs of Hawaii's people through improvement
priorities established through the planning process.
(2) Encourage flexible service delivery systems that can adapt to changing
public demands and priorities.
(3) Ensure that required facility systems can be supported within re-
source capacities and at reasonable cost to the user. (L 1978, c 100,
pt of 2]
[226-15] Objectives and policies for facility systems--solid and liquid
wastes. (a) Planning for the State's facility systems with regard to solid and
liquid wastes shall be directed towards the achievement of the following objec-
(1) Maintenance of basic public health and sanitation standards relating
to treatment and disposal of solid and liquid wastes.
(2) Adequate sewer infrastructure facilities for physical and economic
activities that alleviate problems in housing, employment, mobility,
and other areas.
(b) To achieve solid and liquid waste objectives, it shall be the policy of
this State to:
(I) Encourage the adequate development of sewer systems that comple-
ment nlanned growth.
Sec. 22t-!5 PLANNING-ECONOMIC DEVELOPMENT
(2) Encourage re-use and recycling to reduce solid and liquid wastes and
develop a conservation ethic.
(3) Promote research to develop more efficient and economical treatment
and disposal of solid and liquid wastes. [L 1978, c 100, pt of 2]
[226-16] Objective and policies for facility systems-water. (a) Plan-
ning for the State's facility systems with regard to water shall be directed towards
achievement of the objective of the provision of water to adequately accommodate
domestic, agricultural, commercial, industrial, recreational, and other needs
within resource capacities.
(b) To achieve the facility systems water objective, it shall be the policy
of this State to:
(1) Relate growth activities to existing and potential water supply.
(2) Support research and development of alternative water sources.
(3) Reclaim and encourage the productive use of runoff water and waste
(4) Assist in improving the quality, efficiency, service, and storage
capabilities of water systems for domestic and agricultural use.
(5) Support water supply services to areas experiencing critical water
(6) Promote water conservation practices. [L 1978, c 100, pt of 2]
[226-17] Objectives and policies for facility systems-transportation.
(a) Planning for the State's facility systems with regard to transportation shall
be directed towards the achievement of the following objectives:
(1) An integrated multi-modal transportation system that services state-
wide needs and promotes the efficient, economical, safe, and conven-
ient movement of people and goods.
(2) A statewide transportation system consistent with planned growth
objectives throughout the State.
(b) To achieve the transportation objectives, it shall be the policy of this
(1) Design, program, and develop a multi-modal system in conformance
with desired growth and physical development as stated in this chap-
(2) Coordinate state, county, federal, and private transportation activities
and programs toward the achievement of statewide objectives.
(3) Encourage a reasonable distribution of financial responsibilities for
transportation among participating governmental and private parties.
(4) Provide for improved accessibility to shipping, docking, and storage:
(5) Promote a reasonable level and variety of mass transportation serviceN
that adequately meet statewide and community needs.
(6) Encourage the use of transportation systems that serve as a means
of accommodating present and future development needs of com-
(7) Promote a variety of carriers to offer increased opportunities and
advantages to inter-island movement of people and goods.
(8) Increase the capacities of airport and harbor systems and support
facilities to effectively accommodate transshipment and storage
HAWAII STATE PLANNING ACT Sec. 226-19
(9) Increase the ability of transportation'systems to assist statewide eco-
nomic growth and diversification.
'lO) Encourage the design and development of transportation systems sen-
sitive to the needs of affected communities and the quality of Hawaii's
(11) Encourage safe and convenient use of low-cost, energy-efficient, non-
polluting means of intra-island transportation. [L 1978, c 100, pt of
[226-18] Objectives and policies for facility systems-energy/
utilities. (a) Planning for the State's facility systems with regard to energy/
utilities shall be directed towards the achievement of the following objectives:
(1) Dependable, efficient, and economical statewide energy and com-
munication systems capable of supporting the needs of the people.
(2) Increased energy self-sufficiency.
(b) To achieve the energy/utilities objectives, it shall be the policy of this
(I) Accelerate research development and use of new energy sources.
(2) Provide adequate, reasonably priced, and dependable power and com-
munication services to accommodate demand.
(3) Ensure a sufficient supply of energy to enable power systems to sup-
port the demands of growth.
(4) Promote prudent use of power and fuel supplies through education,
conservation, and energy-efficient practices.
(5) Ensure that the development or expansion of power systems and
sources adequately consider environmental, public health, and safety
concerns, and resource limitations.
(6) Promote the use of new energy sources.
(7) Facilitate the development and use of improved communications
technology. [L 1978, c 100, pt of 2)
[226-19] Objectives and policies for socio-cultural advancement-
housing. (a) Planning for the State's socio-cultural advancement with regard
to housing shall be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and in-
(2) The orderly development of residential areas sensitive to community
needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this State
(I) Effectively accommodate the housing needs of Hawaii's people, espe-
cially the elderly, handicapped, displacees of redevelopment areas,
and newly formed households.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income, and gap-group
(3) Increase homeownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote appropriate improvement, rehabilitation, and maintenance
of existing housing.
.Se.e 2,-1 P .ANNING-ECONOMIC DEVELOPMENT
(5) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and ser-
vices, and other concerns of existing communities and surrounding
(6) Facilitate the use of available urban lands to accommodate the hous-
ing needs in various communities.
(7) Foster a variety of lifestyles traditional to Hawaii through the design
and maintenance of neighborhoods that reflect the culture and values
of the community. [L 1978, c 100, pt of 2]
[226-20] Objectives and policies for socio-cultural advancement-
health. (a) Planning for the State's socio-cultural advancement with regard to
health shall be directed towards achievement of the following objectives:
(1) Fulfillment of basic individual health needs of the general public.
(2) Maintenance of sanitary and environmentally healthful conditions in
(b) To achieve the health objectives, it shall be the policy of this State to:
(1) Provide adequate and accessible services and facilities for prevention
and treatment of physical and mental health problems.
(2) Provide effective short-term and long-term assistance to prevent, al-
leviate, or cope with mental health problems of individuals and fami-
(3) Encourage improved cooperation among public and private sectors
in the provision of health care to accommodate the total health needs
of individuals throughout the State.
(4) Foster an awareness of the need for personal health maintenance and
preventive health care through education and other measures.
(5) Provide services and activities that ensure sanitary conditions. [L
1978, c 100, pt of 2]
[226-21] Objective and policies for socio-cultural advancement--
education. (a) Planning for the State's socio-cultural advancement with regard
to education shall be directed towards achievement of the objective of the provi-
sion of a variety of educational opportunities to enable individuals to fulfill their
needs, responsibilities, and aspirations.
(b) To achieve the education objective, it shall be the policy of this State
(1) Support educational programs and activities that enhance persona!
development, physical fitness, recreation, and cultural pursuits of all
(2) Ensure the provision of adequate and accessible educational services
and facilities that are designed to meet individual and community
(3) Increase the ability of education to promote an understanding of Ha-
waii's cultural heritage.
(4) Provide job preparation training for groups experiencing critical
(5) Provide higher educational opportunities that enable Hawaii's people
to adapt to changing employment demands.
(6) Assist individuals, especially those who are disadvantaged in meeting
job qualifications, through manpower and other related training op-
HAWAII STATE PLANNING ACT Sec. 226-23
(7) Promote programs and activities that facilitate the acquisition of basic
skills, such as reading, writing, computing, listening, speaking, and
(8) Emphasize quality educational programs in Hawaii's institutions to
promote academic excellence.
(9) Support research programs and activities that enhance the education
programs of the State. (L 1978, c 100, pt of 2]
[226-22] Objective and policies for socio-cultural advancement--social
services. (a) Planning for the State's socio-cultural advancement with regard
to social services shall be directed towards the achievement of the objective of
improved public and private social services and activities that induce greater
individual, family, and group initiative, self-reliance, and self-esteem.
(b) To achieve the social service objective, it shall be the policy of the State
(1) Provide adequate services, facilities, and resources within the State's
fiscal capacities to assist in alleviating hardship conditions ofHawaii's
(2) Promote coordination and integration of public and private services
and programs that enable individuals, families, and groups to deal
effectively with social problems and to enhance their participation in
(3) Facilitate the adjustment of new residents into Hawaii's communities.
[L 1978, c 100, pt of 2]
[226-23] Objective and policies for socio-cultural advancement-
leisure. (a) Planning for the State's socio-cultural advancement with regard
to leisure shall be directed towards the achievement of the objective of the ade-
quate provision of resources to accommodate diverse cultural, artistic, and recre-
ational needs for present and future generations.
(b) To achieve the leisure objective, it shall be the policy of this State to:
(1) Foster and preserve Hawaii's multi-cultural heritage through suppor-
tive programs and activities.
(2) Provide a wide range of activities and facilities to fulfill the recreation
needs of all diverse and special groups.
(3) Enhance the enjoyment of recreational experiences through safety
measures, educational opportunities, and improved facility design and
(4) Promote the recreational and educational potential of natural re-
sources having scenic, open space, cultural, historical, geological, or
(5) Ensure opportunities for everyone to use and enjoy Hawaii's recre-
(6) Assure the availability of sufficient resources to provide for future
(7) Provide adequate and accessible physical fitness programs to promote
the physical and mental well-being of Hawaii's people.
(8) Increase opportunities for appreciation and participation in the crea-
tive arts, including the literary, theatrical, and musical arts.
(9) Encourage the development of creative expression in the artistic disci-
plines to enable all segments of Hawaii's population to participate in
the creative arts. [L 1978, c 100, pt of 21
Sec. 26-24 PLANNING--ECONOMIC DEVELOPMENT
[226-24] Objective and policies for socio-cultural advancement- in-
dividual rights and personal well-being. (a) Planning for the State's socio-
cultural advancement with regard to individual rights and personal well-being
shall be directed towards achievement of the objective of an increased individual
capacity to fulfill personal socio-ec6nomic needs and aspirations.
(b) To achieve the individual rights and personal well-being objective, it
shall be the policy of this State to:
(1) Provide effective services and activities that protect individuals from
criminal acts and unfair practices and that foster a safe and secure
(2) Enhance and protect the national and state constitutional rights of
(3) Assure access to, and availability of, legal assistance, consumer pro-
tection, and other social justice services.
(4) Ensure equal opportunities for individual participation in society. (L
1978, c 100, pt of 2]
[226-25] Objective and policies for socio-cultural advancement-
culture. (a) Planning for the State's socio-cultural advancement with regard
to culture shall be directed toward the achievement of the objective of enhance-
ment of cultural identities, traditions, values, customs, and arts of Hawaii's peo-
(b) To achieve the culture objective, it shall be the policy of this State to:
(1) Foster increased knowledge and understanding of Hawaii's ethnic and
cultural heritages and the history of Hawaii.
(2) Support activities and conditions that promote cultural values, cus-
toms, and arts that enrich the life styles of Hawaii's people.
(3) Encourage increased awareness of the effects of proposed public and
private actions on life styles in Hawaii.
(4) Encourage the essence of the aloha spirit in people's daily activities.
[L 1978, c 100, pt of 2]
[226-26] Objectives and policies for socio-cultural advancement-public
safety. (a) Planning for the State's socio-cultural advancement with regard to
public safety shall be directed towards the achievement of the following objec-
(1) Assurance of public safety and adequate protection of life and prop-
erty for all people.
(2) Maintenance of adequate levels of statewide security, communication,
and preparedness in case of civil disruptions, wars, natural disasters,
and other major disturbances.
(3) Promotion of a sense of community responsibility for the welfare and
safety of llawaii's people.
(b) To achieve the public safety objectives, it shall be the policy of this
(I) Support law enforcement programs aimed at curtailing criminal ac-
(2) Develop coordinated management programs for public safety and
criminal justice throughout the State.
(3) Ensure thlt public safety programs are effective and responsive to
HAWAII STATE PLANNING ACT Sec. 226-52
(4) Encourage increased community awareness and participation in pub-
lic safety programs.
(5) Emphasize improvement in social rehabilitation programs and facili-
ties throughout the State.
(6) Ensure that responsible organizations are in a proper state of readi-
ness to respond to major war-related or natural disasters and civil
disturbances at all times. [L 1978, c 100, pt of 2]
[226-27] Objective and policies for socio-cultural advancement-
government. (a) Planning the State's socio-cultural advancement with regard
to government shall be directed towards the achievement of the objectives of
efficient, effective, and responsive government services at all levels in the State
(b) To achieve the government objective, it shall be the policy of this State
(I) Provide for necessary public goods and services not assumed by the
(2) Pursue an openness and responsiveness in government that permits
the flow of public information, interaction, and response.
(3) Ensure fiscal responsibility in government in Hawaii.
(4) Minimize the size of government to that necessary to be effective.
(5) Stimulate the responsibility in citizens to productively participate in
government for a better Hawaii.
(6) Assure that public attitudes, actions, and services are sensitive to
community needs and concerns. (L 1978, c 100, pt of 2]
[226-28] Objective and policies for fiscal management-government.
(a) Planning the State's fiscal management with regard to government shall be
directed towards the objective of ensuring fiscal integrity, responsibility, and
efficiency in the state government and county governments.
(b) To achieve the government objective, it shall be the policy of this State
(1) Provide for a balanced fiscal budget.
(2) Improve the fiscal budgeting and management system of the State.
(3) Promote the consolidation of state and county governmental func-
tions to minimize the ineffective and inefficient delivery of govern-
ment programs and services. [L 1978, c 100, pt of 2]
PART II. PLANNING COORDINATION AND IMPLEMENTATION
[226-51] Purpose. The purpose of this part is to establish a statewide
planning system to coordinate all maior state and county activities and to imple-
ment the overall theme, goals, objectives, policies, and priority directions. (L
1978, c 100, pt of 2]
[226-52] Statewide planning system. (a) The statewide planning sys-
tem shall consist of the following policies, plans, and programs:
(1) The overall theme, goals, objectives, and policies established in this
chapter shall provide the broad guidelines for the State.
(2) The priority directions established in this chapter shall provide direc-
tion for decision-making by the State and the counties for the immedi-
.Sen. T26-52 P.4ANNING-ECONOMIC DEVELOPMENT
-te future and set priorities for the allocation of resources. Confor-
mance with the priority directions shall be demonstrated in the for-
mulation, amendment, and implementation of state functional plans,
-ounty general plans and development plans, and state programs.
(3) State functional plans shall be prepared for, but not limited to, the
areas of agriculture, conservation lands, education, energy, higher
education health, historic preservation, housing, recreation, tourism,
transportation, and water resources development. State functional
plans shall define, implement, and be in conformance with the overall
theme, goals, objectives, policies, and priority directions contained
within this chapter. County general plans and development plans
shall be used as a basis in the formulation of state functional plans.
(4) County general plans shall indicate desired population and physical
development patterns for each county and regions within each county.
In addition, county general plans or development plans shall address
the unique problems and needs of each county and regions within each
county. County general plans or development plans shall further de-
fine, implement, and be in conformance with the overall theme, goals,
objectives, policies, and priority directions contained within this chap-
ter. State functional plans which have been adopted by concurrent
resolution by the legislature shall be utilized as guidelines in amending
the county general plans to be in conformance with the overall theme,
goals, objectives, and priority directions.
(5) State programs shall include, but not be limited to, those programs
involving coordination and review; research and support; design, con-
struction, and maintenance; services; and regulatory powers. State
programs that exercise coordination and review functions shall in-
clude, but not be limited to, the state clearinghouse process, capital
improvements program, and coastal zone management program.
State programs that exercise regulatory powers in resource allocation
shall include, but not be limited to, the land use and management
programs administered by the land use commission and the board of
land and natural resources. State programs shall further define, imple-
ment, and be in conformance with the overall theme, goals, objectives,
policies, and priority directions contained within this chapter, and the
state functional plans adopted pursuant to this chapter.
(b) The statewide planning system shall also consist of several implemen-
(1) The overall review, coordination, and evaluation process. The overall
review, coordination, and evaluation shall be conducted by the policy
council, with the assistance of the department.
(2) The budgetary and land use decision-making processes. The budge-
tary and land use decision-making processes shall consist of:
(A) Program appropriations process. The appropriation of funds for
major programs under the biennial and supplemental budgets,
shall be in conformance with the overall theme, goals, objectives,
policies, and priority directions contained within this chapter,
and the state functional plans adopted pursuant to this chapter.
(B) Capital improvement project appropriations process. The appro-
priation of funds for major plans and projects under the capital
improvements program shall be in conformance with the overall
theme, goals, objectives, policies, and priority directions con-
HAWAII STATE PLANNING ACI Sec. 226-5:
tainted within this chapter, and the state functional plans adoptera
pursuant to this chapter.
(C) Budgetary review process of the department of budget and fi-
nance. The budgetary review and allocation process of the de-
partment of budget and finance shall be in conformance with
the provisions of this chapter.
(D) Decision-making process of the state land use commission. The
decisions made by the land use commission shall be in confor-
mance with the overall theme, goals, objectives, policies, and
priority directions contained within this chapter, and the state
functional plans adopted pursuant to this chapter.
The rules and regulations adopted by the land use commission
to govern land use decision-making shall be in conformance with
the provisions of this chapter.
(E) Decision-making process of the board of land and natural re-
sources. The decisions made by the board of land and natural
resources shall be in conformance with the overall theme, goals,
objectives, policies, and priority directions contained within this
chapter, and the state functional plans adopted pursuant to this
chapter. The rules and regulations adopted by the board of land
and natural resources to govern land use decision-making shall
be in conformance with the provisions of this chapter.
(3) Other coordination processes include the use of the A-95 state clear-
inghouse process. The state clearinghouse shall coordinate the review
of all projects requiring federal funding and shall notify the policy
council of all proposed federal projects which conflict with this chap-
ter, any functional plan adopted under this chapter, or any county
general plans or development plans which are in conformance with
the provisions of this chapter. [L 1978, c 100, pt of 2]
226-53 Policy council; composition; voting rights. (a) There is estab-
lished a policy council whose membership shall include the following:
(1) The planning director from each county.
(2) Nine public members, being four from the city and county of Honolu-
lu, one from the county of Kauai, and two from each of the counties
of Maui and Hawaii, provided that in the case of the county of Maui,
one such public member shall be from Molokai or Lanai and, in the
case of the county of Hawaii, one public member shall be from west
Hawaii and one from east Hawaii, appointed by the governor from
a list of public persons from each county which shall through its
mayor or council, submit no less than three names for each appointive
public member to which the county is entitled. The governor shall
request lists of public persons from the respective mayors for appoint-
ment to the policy council. Within thirty days following the date of
the governor's request, the mayor of the respective county shall sub-
mit the list to the council of the respective county for advice and
consent. Within sixty days of the date of the governor's request, the
mayor shall submit the list of public persons, with the advice and
consent of the council of the respective county, to the governor for
appointment to the policy council. If the mayor fails to submit a list
to the council within thirty days of the date of the governor's request,
the council shall submit a list to the governor within sixty days of
.- ~L. ANNING-ECONOMIC DEVELOPMENT
the governor's request. If a list of public persons is not submitted by
either the mayor or the council to the governor within sixty days
following the date of the request for such a list, the governor shall
appoint the public members from that county in accordance with the
applicable geographic representation set forth above without nomina-
tions from that mayor.
(3) The directors or chairmen from the departments of agriculture, bud-
get and finance, planning and economic development, land and natu-
ral resources, health, social services and housing, transportation, and
labor and industrial relations; from the office of environmental quality
control; the superintendent of education; the president of the Univer-
sity of Hawaii; the executive director of the Hawaii housing authority;
and the executive officer of the land use commission.
The director of the department of planning and economic development shall
serve as chairman of the council.
The terms of the nine members from the public shall be for four years;
provided, that the governor may reduce the terms of those initially appointed
so as to provide, as nearly as can be, for the expiration of an equal number of
terms at intervals of one year. Each such term shall commence on January I and
expire on December 31; provided that the governor may establish the commenc-
ing and expiration dates of the terms of those initially appointed. No member
from the public shall be appointed consecutively to more than two terms; pro-
vided that membership shall not exceed eight consecutive years. No member from
the public shall serve on any other public board or commission. The governor
may remove or suspend for cause any member of the council after due notice
and public hearing.
Expenses incurred by a state governmental member participating in policy
council deliberations shall be borne by his respective governmental agency. Travel
expenses incurred by planning directors participating in policy council delibera-
tions shall be reimbursed by the department of planning and economic develop-
ment. A public member shall receive no compensation for his services, but each
shall be reimbursed by the department of planning and economic development
for necessary expenses incurred in the performance of his duties.
(b) There shall be a total of eighteen voting members on the policy coun-
cil. The voting rights shall be apportioned as follows:
(1) The planning director from each county shall each be entitled to one
(2) The nine members from the public shall each be entitled to one vote;
(3) The chairman of the council and four of the state agency heads herein
described shall each be entitled to one vote.
The governor, in consultation with the director of the department of planning
and economic development, shall determine which of the other state agency heads
described herein shall have voting rights on the basis of the subject matter or
functional area before the policy council. The governor may also rotate the voting
rights among those state agency heads deemed most affected by the nature of
the subject matter or functional area before the policy council; provided that the
state agency heads shall not cast more than five votes on any one issue before
the policy council. State agency heads who are not entitled to vote upon a given
rtihiep nr functional area shall serve as ex-officio members of the policy council.
HAWAII STATE PLANNING ACT Sec. 226-55
(c) All recommendations made to the legislature by the policy council
shall be approved by two-thirds of its voting members, which shall not preclude
minority reports. [L 1978, c 100, pt of 2; am L 1980, c 225, 1]
L 1980 amended subsection (aX2).
[226-54] Policy council; duties. The policy council shall:
(1) Provide a forum for the discussion of conflicts between and among
this chapter, functional plans either adopted by the legislature or to
be submitted to the legislature for adoption, county general plans and
development plans, and state programs;
(2) Transmit to the governor, legislature, and the mayors and legislative
bodies of the respective counties its findings and recommendations
on all conflicts as described above, and on the resolution of conflicts;
(3) Review and evaluate state functional plans for conformance with the
provisions of this chapter, seek to resolve any identified conflicts, and
transmit its findings and recommendations to the legislature at the
time of submittal of the functional plan;
(4) Advise the legislature on the administration, amendment, and review
of this chapter, including the overall theme, goals, objectives, policies,
and priority directions contained within this chapter;
(5) Prepare guidelines for the development of the state functional plans
in accordance with sections 226-57 and 226-58;
(6) Adopt rules in accordance with section 226-56 to provide procedures
for public input into the amendment processes and for submittal of
(7) Maintain a record of its activities;
(8) Conduct a comprehensive review of part I of this chapter at least every
four years following enactment by the legislature, and part III of this
chapter at least every odd-numbered year to coincide with the state
budget process commencing in 1981; and
(9) Prepare an annual review and report to the legislature in accordance
with section 226-63. [L 1978, c 100, pt of 2]
[226-55] Department of planning and economic development; duties.
The department shall provide assistance and staff services to the policy council
in administering this chapter. To further the intent and purpose of this chapter,
the department shall:
(1) Provide recommendations to the policy council on conflicts between
and among this chapter, state functional plans either adopted by the
legislature or to be submitted to the legislature for adoption, county
general plans and development plans, and state programs;
(2) Review and evaluate this chapter and recommend amendments as
needed to the policy council;
(3) Review, as necessary, major plans, programs, projects, and regulatory
activities proposed by state and county agencies, and provide advisory
opinions and reports to the policy council as needed;
(4) Analyze existing state policies, planning and program operations,
laws, rules and practices relative to formulation, implementation, and
coordination of the state plan;
. Se,. ~2'6-55 PLANNING-ECONOMIC DEVELOPMENT
(5) Review state capital improvement projects for consistency with this
chapter and report findings and recommendations to the governor
prior to allocation of funds;
(6) Conduct special studies and prepare reports that address major policy
issues relating to statewide growth and development;
(7) Cooperate with all public agencies to ensure an ongoing, uniform, and
reliable base of data and projections;
(8) Assist the policy council in conducting a comprehensive review of
part I of this chapter at least every four years following enactment
by the legislature, and part III of this chapter at least every odd-
numbered year commencing in 1981;
(9) Assist the policy council in preparing and submitting an annual re-
view and report to the legislature in accordance with section 226-63;
(10) Prepare and adopt in consultation with the policy council, administra-
tive guidelines in accordance with this chapter and chapter 91 by June
30. 1979; and
(11) Provide other technical assistance and staff services to the policy
council as needed.
The department may contract with public and private agencies and persons for
special research and planning assistance. [L 1978, c 100, pt of 2]
[226-56] Amendments to the overall theme, goals, objectives, policies,
and priority directions. The policy council shall promulgate rules for amend-
ments to the goals, objectives, policies, and priority directions, subject to the
(1) Any person may submit to the department proposals for the revision
of the overall theme, goals, objectives, policies, and priority directions;
(2) The department shall review the proposed amendments to the overall
theme, goals, objectives, policies, and priority directions and shall
submit its findings and recommendations to the policy council;
(3) The policy council shall submit its final recommendations on the
amendments to the overall theme, goals, objectives, policies, and pri-
ority directions to the legislature thirty days prior to the convening
of the next legislative session following its review of the proposed
amendments, along with minority reports, if any; and
(4) The policy council, in reviewing the proposed amendments of the
department, shall make public its findings and recommendations and
shall hold public hearings in each county of the State in accordance
with chapter 91. There shall be not less than two public hearings in
each county on the recommended revisions to the overall theme,
goals, objectives, and policies of the state plan; provided that there
shall be not less than three public hearings in the city and county of
Honolulu and there shall be not less than one public hearing on each
of the islands of Maui, Molokai, and Lanai in the county of Maui.
[L 1978, c 100, pt of 2]
226-57 Functional plans; preparation. (a) The state agency head pri-
marily responsible for a given functional area shall prepare the functional plan
for the area. In the preparation of the functional plan, the state agency head shall
work in close cooperation with the advisory committee, respective officials, and
people of each county. In the formulation of the functional plan, the preparing
agency shall solicit public views and concerns. The formulation and amendment
HAWAII STATE PLANNING ACT Sec. 226-58
of a state functional plan shall conform to the state plan and use as a basis the
county general plans. Functional plans and any amendments thereto shall be
adopted by the legislature by concurrent resolution and shall, upon adoption,
provide direction to state and county agencies, provided that in the event of a
conflict between the proposed functional plan and general plan of a county, every
effort shall be made to determine which of the matters in conflict has the greater
merit and recommend modifications by the appropriate state or county agency
to the proposed functional plan or county general plan. Where such accord can-
not be achieved, the policy council shall prepare a report to the legislature citing
the differences and the justification for each of the conflicting positions together
with recommendation. Minority reports, if any, may be submitted to the legisla-
(b) The functional plan shall contain objectives to be achieved and policies
to be pursued in the primary field of activity and such policies shall address major
programs and the location of major facilities. The functional plan shall also
contain implementation priorities and actions which may include, but not be
limited to, programs, maps, regulatory measures, standards, and interagency
(c) For each functional plan, the governor shall establish an advisory
committee, where a committee which meets the criteria set out hereunder is not
already in existence, whose membership shall be composed of at least one public
official from each county to be nominated by the mayor of each county; members
of the public; experts in the field for which a functional plan is being prepared;
and state officials. The governor shall request the nominations of each of the
respective mayors and shall appoint the public official nominated by the mayor
of the respective county to serve on the advisory committee. If the nominations
of county officials by a mayor are not submitted to the governor within sixty days
following the date of the governor's request for such nominations, the governor
shall appoint at least one public official from that county to serve on the advisory
committee without nominations from that mayor. The committee shall advise
the state agency in preparing a functional plan to be in conformance with the
overall theme, goals, objectives, policies, and priority directions contained within
this chapter. The functional plan, with any recommendations of the advisory
committee including minority reports, if any, shall be submitted to the policy
council for review and evaluation. The advisory committee shall serve until the
respective functional plan is adopted by the legislature. [L 1978, c 100, pt of 2;
am L 1980, c 225, 2]
L 1980 amended subsection (c).
226-58 Functional plans; form and submittal. (a) Functional plans
shall be prepared to implement the goals, objectives, policies, and priority direc-
tions contained within this chapter and policy council guidelines developed pur-
suant to this chapter.
(b) A functional plan shall be submitted to the policy council for review
and evaluation at least ninety days prior to the date designated for submittal to
the legislature. The policy council shall submit findings and recommendations
to the legislature on each functional plan reviewed.
(c) The functional plans for agriculture, housing, tourism, and trans-
portation, with any findings and recommendations of the policy council, shall
be submitted not later than thirty days prior to the convening of the 1979 legisla-
See 2?6-SP "LANNING-ECONOMIC DEVELOPMENT
lure. The functional plans for conservation lands, education, energy, higher edu-
cation, health, historic preservation, recreation, and water resources develop-
ment, with any findings and recommendations of the policy council, shall be
submitted not later than thirty days prior to the convening of the 1980 legislature.
(d) Upon receipt by the legislature of a functional plan prepared by the
appropriate state agency and submitted by the governor, with the findings and
recommendations of the policy council, the legislature shall review, modify, and
as appropriate, adopt the functional plan by concurrent resolution.
(e) If the legislature fails to adopt such functional plan by concurrent
resolution, it shall revert to the state agency of origin for revision and be resubmit-
ted thirty days prior to the convening of the next legislature. (L 1978, c 100, pt
of 2; am L 1980, c 225, 3]
L 1980 amended subsection (d).
[226-59] Functional plans; implementation. (a) Functional plans shall
not be used as a guide or to implement state policy unless said plans shall have
been approved by the legislature.
(b) The legislature, upon a finding of overriding statewide concern, may
determine in any given instance that the site for a specific project may be other
than that designated on the county general plan; provided that any proposed
facility or project contained in a county general plan shall not require the actual
development or implementation of said facility or project or the inclusion of the
same in any state functional plan by any state agency. The implementation of
functional plans shall conform to existing laws, rules, and standards, and the
provisions of this chapter. [L 1978, c 100, pt of 2]
[226-60] Programs and projects; receipt of federal funds. The failure
of the legislature to adopt a functional plan by concurrent resolution, or any
amendment thereto, shall not be construed in any manner that would jeopardize
the receipt of federal funds, or to prevent the implementation and performance
of programs and projects for which state funds have been appropriated. (L 1978,
c 100, pt of 2]
[226-61] County general plans; preparation. (a) The county general
plans and development plans shall be formulated with input from the state and
county agencies as well as the general public.
County general plans or development plans shall indicate desired popula-
tion and physical development patterns for each county and regions within each
county. In addition, county general plans or development plans shall address the
unique problems and needs of each county and regions within each county. The
county general plans or development plans shall further define and implement
applicable provisions of this chapter, provided that any amendment to the county
general plan of each county shall not be contrary to the county charter. The
formulation, amendment, and implementation of county general plans or devel-
opment plans shall utilize as guidelines, statewide objectives, policies, and pro-
grams stipulated in state functional plans adopted in consonance with this
(b) County general plans shall be formulated on the basis of sound ra-
tinndlp data. annlvxes. and inout from state and county agencies and the general
HAWAII STATE PLANNING ACT Sec. 226-63
public, and contain objectives and policies as required by the charter of each
,county. Further, the county general plans should:
(1) Contain objectives to be achieved and policies to be pursued with
respect to population density, land use, transportation system loca-
tion, public and community facility locations, water and sewage sys-
tem locations, visitor destinations, urban design and all other matters
necessary for the coordinated development of each county and regions
within each county.
(2) Contain implementation priorities and actions to carry out policies
to include but not be limited to, land use maps, programs, projects,
regulatory measures, standards and principles and interagency coor-
(c) The county general plans and development plans shall be in confor-
mance with the overall theme, goals, objectives, policies, and priority directions
contained in this chapter by January, 1982. [L 1978, c 100, pt of 2]
[226-62] State programs. (a) State programs shall be in conformance
with this chapter. The formulation, administration, and implementation of state
programs shall be in conformance with the overall theme, goals, objectives, poli-
cies, and priority directions contained within this chapter, and the state functional
plans adopted pursuant to this chapter.
(b) The director of the department of planning and economic develop-
ment shall assist the governor in assuring that state programs are in conformance
with this chapter. [L 1978, c 100, pt of 2]
[226-63] Annual review and report. (a) The policy council, with the
assistance of the department, shall prepare an annual report for submittal to the
legislature, mayors, and county councils. The annual report shall contain recom-
mendations for legislative consideration and action. Major components of the
annual review and report shall include the following:
(1) An assessment of progress being made in attaining the overall theme,
goals, objectives, policies, and priority directions contained within
this chapter and the state functional plans;
(2) Recommendations to further implement this chapter and to improve
coordination between and among the overall theme, goals, objectives,
policies, and priority directions contained within this chapter, county
general plans and development plans, state functional plans, and state
(3) An assessment of legislation and programs of the preceding calendar
year that have major statewide or countywide impact in terms of their
consistency with this chapter.
(b) Prior to the submittal of the annual report to the legislature and the
counties, the department shall hold public informational meetings in each county
of the State, provided that in the county of Maui there shall be at least one public
hearing on Lanai and Molokai.
(c) The annual review and report shall be submitted to the legislature,
mayors, and the county councils no later than February I of each year. [L 1978,
c 100, pt of 2]
Sec. :~'-10 P!LANNING-ECONOMIC DEVELOPMENT
PART HL PRIORITY DIrFCTIONS
[226-101] Purpose. The purpose of this part is to establish an overall
priority direction and implementing actions to address areas of statewide concern.
[L 1978, c 100, pt of 2]
[226-102] Overall direction. The State of Hawaii shall strive to ensure
the availability of desired employment opportunities for Hawaii's present and
future population in an environmentally and socially sound manner through the
fostering of a balanced population and economic growth rate. [L 1978, c 100,
pt of 2)
[226-103] Economic implementing actions. (a) Priority actions in the
area of general business and finance:
(I) Stimulate the economy to provide needed jobs for Hawaii's people
without stimulating unnecessary in-migration.
(2) Support business expansion and development to achieve a stable and
(3) Seek different means to assist new and existing businesses in obtaining
(4) Assist in the development and commercialization of technological
(5) Assist local producers in competing with mainland producers.
(6) Lessen the financial burden on businesses.
(7) Promote Hawaii as an attractive market for investment activities that
benefit Hawaii's people.
(b) Priority actions for the visitor industry:
(1) Foster a social environment which enhances the Aloha Spirit by mini-
mizing inconveniences to Hawaii's people and visitors.
(2) Protect the economic health and quality of the visitor industry.
(3) Maintain or enhance the quality of existing and future hotels and
resort destination areas which conform with regional carrying capa-
cities and state policies providing for adequate shoreline setbacks and
(4) Provide incentives to encourage existing hotel owners to upgrade,
repair and maintain visitor facilities.
(5) Preserve and enhance Hawaii's significant natural environmental and
scenic, historic, and cultural sites.
(6) Develop and maintain career opportunities in the visitor industry for
Hawaii's people, with emphasis on managerial positions.
(7) Adopt a tourism functional plan and management organization to
implement tourism plan policies.
(8) Coordinate effective tourism promotion abroad.
(9) Maintain and enhance visitor satisfaction.
(10) Maintain and encourage a more favorable resort investment climate
consistent with the objectives of this chapter.
(11) Support law enforcement activities that provide a safer environment
for both visitors and residents alike.
(c) Priority actions for the sugar and pineapple industries:
(1) Provide adequate agricultural lands to ensure the economic viability
of the sugar and pineapple industries.
(2) Continue efforts to maintain federal support to provide stable sugar
prices high enough to allow profitable operations in Hawaii.
(3) Support research and development, as appropriate, to improve the
quality and production of sugar and pineapple crops.
(d) Priority actions for diversified agriculture and aquaculture:
(1) Seek to protect prime agricultural and aquacultural lands through
affirmative and comprehensive programs.
(2) Seek federal assistance to increase water supply and to improve trans-
mission, storage, and irrigation facilities to promote diversified
agriculture and aquaculture.
(3) Assist small independent farmers in securing land and loans.
(4) Assist in the formation and operation of production and marketing
associations and cooperatives to reduce production and marketing
(5) Encourage and assist with the development of a waterborne and air-
borne freight and cargo system capable of meeting the needs of Ha-
waii's agricultural community.
(6) Encourage the use of public and private resources to develop agricul-
tural and aquacultural activities which have economic growth poten-
(7) Explore new agricultural industries and encourage the expansion of
existing agricultural industries that can provide jobs and profitable
long-term use of land.
(8) Seek favorable freight rates for Hawaii's agricultural products from
interisland and overseas transportation operators.
(9) Continue the development of agricultural parks.
(10) Expand vocational training programs in agriculture and aquaculture.
(11) Assist in providing adequate, reasonably priced water for existing
(12) Require agricultural uses in agricultural subdivisions and closely
monitor the uses in these subdivisions.
(13) Encourage the expansion of the statewide agricultural base through
the promotion of products for export and local consumption.
(e) Priority action for developing economic activities to encourage the
development of industries which promise long-term growth potentials and which
have the following characteristics:
(1) An industry that can take advantage of Hawaii's unique location and
available manpower resources.
(2) A clean industry that would have minimal effects on Hawaii's envi-
(3) An industry that is willing to hire and train Hawaii's people to meet
the industry's labor needs.
(4) An industry that would provide reasonable income and steady em-
(f) Priority actions for the construction industry:
(1) Promote a consistent and stable level of construction activity.
(2) Explore alternatives for more effective management of the growth and
development of the State's construction industry.
(3) Encourage the streamlining of the building and development permit
and review process.
HAWAII STATE PLANNING ACI' Sec. 226-103
Ser ?? -.03 PLANNING-ECONOMIC DEVELOPMENT
(g; Priority action for the shipping industry shall be to continue to seek
legislation to protect Hawaii from shipping interruptions between Hawaii and
the continental United States.
(h) Priority actions for water use and development:
(1) Encourage water conservation to reduce the per capital water con-
sumption rate through education and the promotion of conservation
(2) Assist agriculture in determining the feasibility of using wastewater
effluent to irrigate crops.
(3) Encourage restriction of new urban development in areas where water
supply is insufficient for both agricultural and domestic uses.
(4) Pursue the improvement of irrigation technology to increase the effec-
tive and efficient use of water.
(5) Increase the support for research and development of alternative wa-
(i) Priority actions for energy use and development:
(1) Encourage the development of alternate energy sources.
(2) Encourage development of a program to promote conservation of
energy use in the State.
(3) Encourage future urbanization into easily serviceable, more compact,
concentrated developments in existing urban areas wherever feasible
to maximize energy conservation.
(4) Encourage consumer education programs to reduce energy waste and
to increase awareness for the need to conserve energy.
(5) Encourage the use of energy conserving technology and appliances
in homes and other buildings.
(6) Explore possible incentives to encourage the use of alternate energy
sources in homes and other buildings.
(7) Encourage the development and use of energy and cost-efficient trans-
(j) Priority actions for manpower training and development:
(1) Encourage more effective career counseling and guidance in high
schools and post-secondary institutions to inform students of present
and future career opportunities.
(2) Encourage the allocation of educational resources to career areas
where high employment growth is expected.
(3) Encourage the expansion of technological research to assist industry
(4) Pursue the establishment of Hawaii's university as the research and
training center of the Pacific. IL 1978, c 100, pt of 2]
[226-104] Population growth and distribution implementing actions.
(a) Priority actions to effect desired statewide growth:
(I) Manage population growth rates throughout the State consistent with
available and planned resource capacities.
(2) Encourage hiring of Hawaii's people by firms doing business in the
(3) Seek federal legislation which would provide federal moneys for social
programs, training, housing, and public services to each state propor-
tionate to the number of immigrants received by the State.
(4) Seek to provide for adequate housing to meet the n,:cds of Hawaii's
neonle without encouraRina an additional influx of people.
HAWAII STATE PLANNING ACT Sec. 226-104
(5) Encourage continued low birth rate among Hawaii's population.
(b) Priority actions to influence statewide growth distribution:
(1) Manage a growth rate for Hawaii's economy that will parallel future
employment needs for Hawaii's people.
(2) Plan the development and availability of land and water resources in
a coordinated manner so as to provide for the desired levels of growth
in each geographical area.
(3) Encourage the location of state and federal agencies on neighbor is-
lands, as appropriate.
(4) Encourage major state investments to promote economic develop-
ment and private investment to the neighbor islands, as appropriate.
(5) Encourage CIP expenditures, public services, and housing develop-
ments that recognize the needs and preferences of the counties.
(6) Explore the possibility of making available urban land, low-interest
loans, and housing subsidies to encourage selective economic and
population growth on the neighbor islands.
(7) Seek federal funds and other funding sources outside the state for
research, program development, and training to provide future em-
ployment opportunities on the neighbor islands.
(c) Priority actions for regional growth distribution:
(I) Pursue rehabilitation of appropriate urban areas.
(2) Encourage urban growth primarily to existing urban areas where ade-
quate public facilities are already available or can be provided with
reasonable public expenditures. Secondarily, encourage urban growth
away from areas where other important benefits are present, such as
protection of valuable agricultural land or preservation of life styles.
(3) In order to preserve green belts, give priority to state capital expend-
itures that encourage locating urban development within existing ur-
ban areas in accordance with the following: funding for transportation
activities that serve the needs of existing urban areas; allocation of
water for urban uses to areas within urban areas; and wherever pos-
sible, locate state buildings and facilities within urban centers close
to public transportation; except where compelling public interest dic-
tates development of a non-contiguous new urban core.
(4) Direct future urban development away from critical environmental
areas or impose mitigating measures so that negative impacts on the
environment would be minimal.
(5) Identify critical environmental areas in Hawaii to include but not be
limited to the following: watershed and recharge areas; wildlife habi-
tats (on land and in the ocean); areas with endangered species of
plants and wildlife; natural streams and water bodies; scenic and re-
creational shoreline resources; open space and natural areas; historic
and cultural sites; areas particularly sensitive to reduction in water
and air quality; and scenic resources.
(6) Encourage the location of new industrial development to existing and
planned urban areas.
(7) Seek participation from the private sector for the cost of building
infrastructure, utilities, and open spaces.
(8) Encourage the identification of all areas within the respective jurisdic-
tions where priority should be given to preserving rural character and
*S. 726-104 PLANN!NG-ECONOMIC DEVELOPMENT
(9) Coordinate planning for wastewater and solid waste disposal with
state and county growth objectives. [L 1978, c 100, pt of 2]
[226-105] Hawaii's land resources. Priority actions for the use of Ha-
(1) Preserve and improve shoreline open spaces and scenic resources.
(2) Seek to utilize Hawaii's limited land resources wisely in order to in-
sure the protection of the environment and the availability of the
shoreline, conservation lands and other limited resources for future
(3) Seek to accommodate urban growth in existing urban areas while
maintaining agricultural lands in agricultural designation. [L 1978,
c 100, pt of 2]
Severability clause, see L 1978. c 100. #3.
Policies To Guide State Actions For The Physical And
.Economic Development Of Maryland
The State of Maryland is committed tol
increasing the economic well-being ofl
its residents, while maintaining and
improving the quality of the Sltae's air,
water, land, historic, natural and cultu-
ral resources; andi
The need exists for more consistent
policies with respect to the State's role
inl physical and economic development
in urban, suburban and rural areas
throughout Maryland: and
'he State government has a respolnsl-
Inlity for protecting the health Iland
wellare of its residents through iim-
proIvenients to the quality of tlie en-
vironmlent and for protecting its abun-
iiidant natural resources; and
The State government and its citizens
aire committed to the conservation and
wise use lif energy, especially nion-
renewable energy resources. and to the
development and use of renewable ener-
gy resources; and
Increasing population places ever grea-
ter demands upon Maryland's natural
resources and environment; and
The State is committed to reducing the
level of unemployment in Maryland:
The State government acts in part-
nersship with the private sector and
other levels of government towards
these ends. and local governments have n
and will continue to exercise primary
responsibility for land use and planning
The Stale government has a duty to
expend its linds selectively and efli-
A Cabinet-level Development Council
hlia beeii created in the State iof Mariy-
land to examine issues where comlpre-
hensive and consistent State policies
are required to guide the elective and
ellicient allocation of State resources Iir
physical development decisions concern-
ing all location of State facilities 121
construction, improvement of,. and ice-
cess to existing and proposed State
highways and other transportation laci-
lities i3) water and sewerage treatment
facilities (4) environmental quality 151
exercise of intervention and critical
areas powers (6I State economic de-
velopment and housing programs and
business promotion activities (7) natu-
ral resources conservation 181 agricultu-
ral land preservation 191 parks and open
space acquisition 1101 historic preserva-
tion and (11) other State and federal
progranis targeted to areas of special
The State General Assembly, from time
to time, has enacted legislation addres-
sing responsibilities for planning and
development by State government.
aiong which are:
Article 88C, Section 2 of the Maryland
Code, which directs the Department iof
State Planning with the cooperation
and advice of other appropriate depart-
menlts, agencies and instrumnentalities
of federal. State and local governments
and other organizations to prepare Ia
State development plan and to "advise
the Governor on the means aaid
methods available to coordinate plans
and programs of all State departments.
agencies, commissions and iin-
strumentalities in order to establish
relative priorities and to avoid duplica-
tion and conflicts," and Article 88C.
Section 5 requires the Governor to coii-
ment upon and tile a State development
plan and to "transmit copies thereol
together with copies Iof his comments toI
the heads of all departments and agen'l-
cies of State government and to tlhe
General Assembly:" and
Section 1-303 of the Natural Resources
Article enacted by the Maryland En-
vironmental Policy Act which directs
"all State Agencies, except where ex-
isting law expressly prohibits, to iden-
tify, develop and adopt methods and
procedures that will assure that en-
vironmental amenities and values are
given appropriate consideration in plan-
ning and decision-making". and that
decision-lnaking involving environlien-
tal effects he undertaken "in coordina-
tion with public and private organizia-
tions and individuals with jurisdiction
by law, special expertise and recognized
Section 2-501 of the Agriculture Article
of the Annotated Code of Maryland
which declares that "it is thle intent Iof
the Maryland General Assetmbly to pire-
serve agricultural land and woodland in
order to: provide sources of agricultural
products within tile State lar the
citizens of the State; control the urban
expansion which is consummig tile agri-
cultural land and woodland oft the State.
curb the spread of urban light landi
deterioration; and protect agricultural
land and woodland as open space land:;
Article 4 1. Section 258 oil th Annotated
Code oil Maryland, which estlabili'hed
the Division of Economii c I)evelopmeint
of the piliairtmeni t Ecl liAconollc al, l
Coalmmlnnity Development. states that
tile Division "shall have thle general
purpose of advancing tile economic wvel-
fare of the people through programs and
activities to develop in a proper manner
the State's natural resources and econo-
nic opportunities Il Furtlheri inre.
Sections 266 )1) 1-4 creating tilte Com--
niulnity Development Aldminist raion in
the Department, states that the Admli-
nistration "shall have thte iollowingi
functions and responsibilities: 1I Assist
the Governor in coordinating the activi-
ties of State agencies which have an
impact on the solution oil coluniunity
development prohleitis andl the ilmple-
nmentation of community plans; 21 E'n-
courage and assist the efforts of local
governments to develop mutual alI
cooperative solutions to tleir conlinlon
problems; 3) Serve as a clearinghouse
for information, data, and other mate-
rials which may be pertinent to soundl
community development. including in-
finmnation on available federal. Sita
and private financial and technical
assistance; 41 In cooperation witl tIhe
Departielnt of State Planning, carry
out continuing studies and anall vses il
sound community development aind
make such recomnmedallons for adili-
nistrative or legislative action a -
appeari necessary paying particul.ii
attention to the problems of nietropol-
tall. suburban'l and other areas in which
economic and population factors are
Article 43. Section :187C of the Anni-
tatled Code of Maryvand direct, tlie
D)epartmenlt i' Health and Mental
Hygiene to coordinate the review of
locally prepared County Comprelhensive
Water and Sewerage Plans which pro-
vide for the development of water and
sewerage facilities that are consistent
with population growth and compllrehn-
sive planning. Prior to approval dis-
approval of the Water and Sewerage
Plan, the D)lIMII is required to consider
contents front speckled State agencies
relative to: l illmpact on the State's
natural resources, bh impact of facilities
on "productive or potentially productive
agricultural land" and cl consistency
with the local master plan
Sitt'int 2-103:II: of the Trainsportation
Article of the Annotated Code of Mary-
land establishes responsibility for "the
development and maintenance of a con-
tinuing, comprehensive and integratedl
transportation planning process" fir the
l)Department of Translportationl. And, it
lirther requires the State to "adopt a
State master plan lfr transportation Ito
guide program development and to fois-
ter eliciient land economlicail transl)orta-
tion services throughout this St;late."
P'ursliial to this Article. the Governor
aidolpted. in 197., ;I slattllent (it th-
miission of tie department of Tralns-
iporlatio aiw "helpilug the citizens o' fth
Stt l i Inie t tlh it- lhasic social. eciloillnic.
iand environimiu'ial olijectives and
II'd. iand .re.spondill Ii national needs
ndll goals rel;lted I to e cenvironlllllnt.
CIillMe'e. dlf(ens-li aild basic humllan
l'hw Development v Ini 'uncilt hI stldied
tIll.h< ill(po t ,Il Statv g ern\ el'll m nt policies.
Ipr'lo ra;llm ;unl t lll l llll atio |);kll lll rnl sof l
h1si<.Ical n;i economic dh\elhimielt in
1m. linamf. ;mut has c(nctldeid that Stiati
Irigllla;ill aind iniivestmllelnts shouldd I h
(i clted towanI eflicielt and energy
r-itCoisus, d,\elopment. gene'rally coln-
cttrtldil 111 indul arouiid existing coln-
inullitirs. ;ilad desigllnd to protect
I'I. iltl i. nl i(aurl l l rce i '. ilnd tlle eln-
INll. TIE:l Ii:FORill
I nI. iRRY Il(; Eslll1*. I;(VI.-IINOH Ot F
MA\IYl,AND). lu VIiTUEtl: OFl- T1IE
TIllE- CNSTI'fTUTION AND IlAWS 01 i
MA1RYLANO. )DO III':IIYV PRIOM-
UI.-;ATEI. Till: FOLLIOWIN; EXEICtU-
I "To tilhe extent that they are not
iltu-nsistent wilh law the principles and
policies stated herein shall guide deci-
ion.s bly all State delepaiiienls .at nncies
;tal coiilnissionsl aid other ofllicial
Stalt tldies (or purposes of investment.
finaiaicial or technical assistance, parti-
ci)altioi in development il' local or re-
giuonil plans. project or plan review,
A-.95 clearinghouse review. exercise of
intervention powers iiand illt other ofli-
ctal aclts. including cooperation with
'-dr;tl land lIocl goverlnlmenits and
2. The six principles to guide State
investments and actions are the fol-
A. The viability of Maryland's ex-
isting communities and urban areas
will be enhanced.
B. Productive agricultural land will be
protected, the conservation and wise.
balanced use of Maryland's natural re-
sources will he assured, and recreation
and open space resources for the use of
and enjoyment of this and future gen-
erations will lie secured.
C. Econmic development and employ-
nlent opportunities throughout the
State will be increased for the well-
being ofl Maryland's residents.
D. liTe quality of the environment will
be protected and improved to ensure the
health and well-being of residents.
E. The efficient use iof non-rinewable
energy resources will lie prololted ind
(he exploration and development of nuew
and alternate energy smlrces will be
Fr. The teliciint provision ol trans-
polrtation. utilities. water and sewer
facilities, and other public investments
will he pursued.
3. In1 order to follow these principles.
State officials and agencies, in coopera-
tiol with the private sector and other
levels of government, shall carry out
their programs in accordance with the
policies set forth below:
A. Policies to enhance the viability
of existing communities iand urban
Promote future physical growth and
economic development in existing com-
munities and local governments' plan-
ned growth areas.
Direct location and retention of State
and other governmental facilities in
existing communities, particularly in
older urban centers.
Promote recreational, cultural, and
public services and facilities so as to
support existing population centers.
Encourage the maintenance and im-
provement of the structures and infras-
tructure in existing urban areas.
Give priority to the provision of trans-
portation services supporting existing
population centers and within existing
transportation service areas.
Encourage appropriate development
around existing or approved rail transit
stations and mass transit services.
Encourage the protection. restoration,
iail re-use of significant historic or
l'inchance the availability of housing
through new collstructlioo ;lid through
rehabilitation of existing buildings
'Encourage housing. industrial and busi-
ness financing in support of existing
Within existing colnmuiti ies encourage
development ofisuitalble vacant land lnot
needed for open space.
Give priority to the maintenance atid
improvement of' water supply and
sewerage flicilities to serve existing
Reduce the impact of hlloling on ex-
isting comuniln cities
II. Policies to protect agriculluril
land, assure the conservation (ndl
wise. balanced use of Maryland's
natural resources, and to secure re-
creation anl open space resources
for the use and enjoyment of this
and future generations:
Promote the retention, conservation
and preservation of productive agri-
cultural and forest land.
Conduct State projects, programs, and
investments such as highways, major
public facilities, and sewerage and wa-
ter facilities to minimize the conversion
of productive agricultural and forest
Discourage residential sprawl.
Continue to acquire and develop or
reserve land GIr open space and recrea-
tion. while considering the interests of
the local government involved.
Discourage the extensive use of septic
and other on-lot waste disposal systems
in productive rural areas not planned
for growth and development.
I)iscourage the use of privately
owned sewage collection and treatment
systems which facilitate development
unrelated to fowl or fiber production on
productive agricultural or forest land.
Direct new transportation construction
in rural areas to support growth and
development compatible with the scale
and character of the areas.
IDiscourage development il areas wilh
inadequate ofr inconsistent groundwater
yields not served by public water facili-
SPromote the retention, conservation.
and cooperative management of private
Protect and improve the productivity of
the Chesapeake Bay as one of the
State's chief natural resources.
Promote the preservation of fish and
wildlife habitats in State development
Protect the delicate nature and habitat
Minimize soil erosion.
Protect Maryland's shores from erosion
and incompatible development.
Emphasize the protection ol signilficant
natural resources in the liit isilion of
parks and open space.
Manage renewable resiirceP( I(or pr-
ductivity and continued usefllin(- nlll
Conserve and protect n-rllini'willlt i,--
l)evelop aind proinote ;i stlltleg\ i ct
serve Mlar'vilnd's 'rllund l ;lid lb lllufa'l.
Protect significant hihtoricial and
C. Policies to inceiil se c('lliillnic
developnlent alnd 4
opportunities throughout tlihe Slillt
for tlie well-leing of Mliarylidnl's re-
Assist loca(Il govllerntnllll 111 ;11 i l- II i-
vale sector in riirinir;.iolnu illldlui-lall
and business development.
Bring new businesses and industries it
Mart ilad and promote tht, relentinil
and growth of existing enlerlprises
Promote employment opportunities for
nenmployed. underemployed. and low
Promote economic development to sup-
port Maryland's current lihor Itirce
near places of residence.
Pursue the consolidation and sim
plification of the State's permit pro
cedures and aid businesses in
obtaining State and local permits in a
Preserve existing rail freight lines, en-
courage retention of services and pur-
sue associated business development.
Provide and improve transportation ac-
cess needed to support employment cen-
Support the maintenance and improve-
ment of the State's shipping and com-
moercial Ilialing channels
Encourage development if' Maryland's
pHrts. with emphasis on tile port iof
alliainmore and other existing complexes
;ild thle requisite transporationi systems
within the State to service the ill.
Encourage development iof Maryland's
airports, with emphasis on Baltimore-
Washington Internalionlal and other ex-
iliing complexes, and the transllprta-
lion systems within the State needed to
Plan for. make available and assure the
sa let y uof suitable sites lor industrial
and residential waste disposal and re-
sou ,rce recovery.
-Encourage and support agriculture,
agri-business, forestry, and supportive
Encourage State and private recreation-
al investments and tourism in public
and private properties, particularly in
parts of the State where other economic
development opportunities are limited.
Protect, regulate and provide for the
recovery of Maryland's mineral re-
sources, including sand and gravel, and
provide for subsequent reclamation of
land after extraction.
Promote and support sport and commer-
cial fishing, harvesting of shellfish, hr-
vesting of fur-bearing animals and
waterfowl and their supportive
businesses and at the same time pro-
vide protection from over-harvesting
and enhance the habitat for the several
Consider economic stagnation. unenl-
ployment. and low per capital income in
determining target areas for application
of State funds and programs.
D. Policies to protect and improve
the quality of the environment to
ensure the health and well-being of
Protect and improve the quality of the
Chesapeake Bay, its tributaries, other
water bodies (f the State, and ground-
Protect water resources from sediments.
development, inappropriate land
management, and municipal and in-
Promote coordinated planning for issues
requiring interjurisdictional action.
such as river-basin planning.
Manage air emissions to achieve air
quality standards in an economically
Manage air emissions to protect public
health and to improve the quality of the
environment in non-attainment areas.
Encourage tile use of innovative and
alternative wastewater treatment sys-
tems when appropriate and recognize
the need for and suitability of private
septic systems in certain areas of the
State while seeking to make them com-
patible with the environment.
Promote safe waste management and
resource recovery programs, with emph-
asis on the recovery of energy from solid
Encourage use of materials made from
post-consumer waste products.
Regulate toxic and hazardous materials
in a manner which protects public
health and the environment.
Minimize the potential dangers to pleo-
ple. fauna, and flora from iliatral and
Promote minimal noise impacts oin dle-
E. Policies to promote ihe efficient
use of non-renewalile energy re-
sources and to encourage the ex-
ploration and development of new
and alternate energy sources:
Pruse of new explorationces develop me. hatlh
renewable and non-renewalible
Monitor and pursue energy efficiency in
State programs and buildings.
Ensure that major energy facilities are
sited so that adequate energy is pro-
vided at reasonable cost with minimum
adverse environmental impact.
Assure tlhe orderly development of coal.
gas, and other non-renewable resources
with miniinmumi adverse iniopact
Encourage alternatives to single occu-
pancy automobile use, such as mass
transit, ride sharing and the use of
bicycles, and promote more efficient use
of existing transportation facilities.
Promote the design and development of
energy efficient communities and living
and travel patterns, including those for
Promote the wise use of energy.
Promote energy recovery programs in
F. Policies to pursue the efficient
provision of transportation, utilities,
water and sewer facilities, and other
Promote density and compact develop-
ment where the infrastructure and en-
vironmental capacity can sustain it.
Discourage dillused and "leap frog" re-
sidential and commercial growth.
Accommnlahte the development of com-
pact new towns and communities where
there is a demonstrated need and justi-
fication for growth and development.
Maintain the capacity of State primary
highways and control highway access to
discourage strip commercial and re-
sidential development and to satisfy the
reasonable access requirements of in-
Assure that tile construction Iof water
and sewer capacity to serve new growth
is consistent with accepted population
projections and anticipated develop-
Encourage the maximum use of tihe
existing infrastructure in tihe State.
4. This Executive Order is not in-
tended to and may not he construed to
confer any right, privilege, or status on
any private party cognizable by a coirt
in any proceeding.
5. All executive agencies shall proceed
to implement this Order pursuant to
the schedule set forth below. Agencies
shall take the following actions and
report them to the State Development
Council for review by the dates indi-
al By August 1, 1982, identify all
programs affected by the prin-
ciples and policies;
bl By August 1, 1982. identify
those programs that can be
used. without modification. to
implement the Order and those
requiring statutory or regula-
tory changes to implement the
cl By August I. 1982. describe
how the Order will allect the
administration of those prog-
rains not requiring statutory io
regulatory modification and
proceed with inpleientatiion.
di By November 1. 1982. drtll
proposed legislative and reg-
ulatory changes to existing
programs to make implementa-
6. The Developlnent Council shall con-
suit with the executive agencies alliltt
their implementation actions allld irepl
its findings to me.
7. The State Development Council. asi
constituted by my Executive Order
01.01.1980.01, shall continue in exist-
ence to review and coordinate Mary-
land's physical and economic develop-
8. The State Development Task Florce
shall continue in existence. review the
proposed changes recommended by the
executive agencies pursuant to Para-
graph 5, and report the results to me by
January 1. 1983.
Final Report to Governor Bob Graham
- ----~n--*~ic-~ .-~~,-u---n~i~D-
TABLE OF CONTENTS
EXECUTIVE SUMMARY . . . . . .
INTRODUCTION . . . . . . .
RECOMMENDATIONS AND EXPLANATION OF INTENT . . .
Section One: An Integrated Policy Framework for Land
and Water Management . . .
Section Two: Regional Resource Management ..
Section Three: Improvements in the Developments of
Regional Impact Process . .
Section Four: Management of Water Resources . .
Section Five: Delegation of Federal Environmental Pro-
grams to the State . . .
Section Six: Coordinated Permitting Procedures .
Section Seven: New Initiatives for Coastal Management.
Section Eight: Protection of Agricultural Lands. .
TASK FORCE HISTORY. . . . ... .. .
RESOURCE MANAGEMENT TASK FORCE STAFF. . . .
. 5- 10
This report contains recommendations from the Governor's Resource
Management Task Force for improvements in the management of Florida's The
resources to meet the needs of the 1980s and beyond. The Task Force was regi
created by Governor Graham in January 1979 and is composed of citizen orga
members from throughout the state, representing different business, pro- mana
fessional, public interest, and agricultural interests. During the year cies
of its deliberations, the Task Force examined the state's resource
management laws and policies, identified major problems in the structure
and administration of those laws, and examined alternative solutions to prim
those problems. The Task Force was assisted in its study by various is a
government agencies, universities, professional interests, and interestedes
Recommendations are described and explained in the first volume
of this report. Papers prepared on particular issues are consolidated
in the second volume of this report.
Two prominent concerns transcend and recur throughout the Task enco
Force's recommendations. First, the current chronic under-funding of goal
resource laws must be changed. Thus, adequate funding is a critical sign
necessity to the implementation of these Task Force recommendations.
Second, effective programs to manage Florida's resources must be mana
organized and implemented as a part of an integrated policy framework. stat
To accomplish this, concise and specific state policies must guide
regional policies, which must in turn guide local governments' compre- r
hensive plans, in identifying and protecting state and regional concerns.
The Task Force recommendations are made in eight major areas.
The first set of recommendations concerns the development of state and
regional policies, and local government comprehensive plans, and their
organization into an integrated policy framework for land and water
management. This framework can guide the activities of different agen-
cies and levels of government to common purposes, and will help elimi-
nate inconsistencies in the management of Florida's valuable resources.
The strengthening and restructuring of regional agencies is a
primary recommendation of the Task Force. Regional resource management
is a present reality in the state; recommendations urge that the agen-
cies be given policy guidance, their activities be integrated, and that
they have greater ability to effectively implement management strategies.
The Developments of Regional Impact process must be improved.
Recommendations by the Task Force build upon the existing process, but
direct it more firmly to regional issues, make it more timely, and
encourage the greater use of expertise in the process. A long range
goal would give local governments greater review responsibility if
significantly increased capabilities were proven.
The formal adoption of a state water policy and greater water
management responsibilities for regional and local entities under
state supervision is strongly recommended.
The delegation of four federal regulatory programs to the state
is recommended, including the National Pollutant Discharge Elimination
System. Recommendations for coordinating permitting systems in general
are made, and include a call for the establishment of regional permit
New initiatives for management of Florida's coast are recommended.
Coastal hazard protection and mitigation is recommended to become a lead
issue in coastal management, and the Governor is urged to name 1980 as
the "Florida Year of the Coast." Recommendations for improving existing
coastal management programs are included. Federal approval of the
Florida Coastal Management Program is extremely important and should. be
The Task Force recommends the development of state, regional and
local agricultural protection policies, and a comprehensive study of the
specific needs and methods for the protection of valuable agricultural
lands from urban encroachment.
The implementation of these recommendations will help to achieve
an effective, protective and productive resource management system to
ensure a better future for Florida.
Florida has entered the decade of the 1980's with a new challenge.
That challenge is to use the legislation and administrative systems
created in the 1970's in response to the state's exploding growth and to
adjust them to fit the needs of the 1980's. The challenge requires the
wisdom to learn from experience, the patience to permit some parts of
the system to mature, the flexibility to respond to changing needs, and
the foresight to anticipate the needs and capabilities of the future.
Like a child's, our systems are often more easily created than reared.
The Governor's Resource Management Task Force over the past year
has studied Florida's resource management legislation and adminis-tra-
tion, evaluating their past performance and their potential to deal
with the problems of this new decade. The recommendations contained in
this report distill the thoughts and judgement of the Task Force after
having considered the contributions of many people. The Task Force re-
ceived the testimony and aid of persons instrumental in creating the
management systems and those who have operated the systems. Persons
who have studied the legislation and administration, and those who have
pursued their businesses and interests within the framework of those
laws and administration, have joined the Task Force deliberations. The
Task Force itself is composed of members who represent different
interests and points of view. The members were guided by and share a
common concern for a future which preserves the natural and unique
attributes that are, in fact, Florida's "life support systems", while pro-
viding a productive social and economic environment for state residents Flot
Florida of the 1970's sta'
A series of far-reaching laws were enacted by Florida in the
1970's to deal with the resource management problems of that decade,
which form the basis of Florida's present resource management system.
Most of those laws were enacted in 1972, at a time of exploding growth, Flo
an economic boom, widespread neglect or destruction of natural systems,
and a strong citizen concern about environmental problems. The peo
response to those conditions in the 1970's included the State Compre-
hensive Planning Act in 1972, and the Local Government Comprehensive
Planning Act in 1975, which established a state and local planning
mandate. Other legislation included the Environmental Land and Water but
Management Act in 1972, creating the Areas of Critical State Concern
Program and the Developments of Regional Impact Process, which pro- evw
tected special areas and guided particular kinds of development. The
Water Resources Act of 1972 established a system for the management
of the state's vital water resources, and state coastal legislation
beginning in 1970 expressed state concern over the proper use of
Florida's coastal resources. These acts and their subsequent amend-
ments, as well as other legislation of the 1970's propelled Florida
to the forefront of those states attempting to manage their growth expi
problems. But what was progressive and responsive to the 1970's is
not necessarily appropriate for the 1980's.
idents Florida of the 1980's
Florida of the 1980's promises to continue as a high growth
state, with the attendant problems and opportunities that growth en-
tails. An October 15, 1979, U.S. News and World Report Study indicates
dethat at the end of the decade, Florida will be the fourth most populous
state in the nation. This projection is confirmed by the University of
Florida Bureau of Economic and Business Research, which projects
Florida's 1990 population to be more than eleven and one-half million
people. The projections are based on full-time residents; adding
Florida's tourist population to those figures increases the impact that
will be felt on the state's resources.
The facet of increased growth will not change from the 1970's,
but the setting for that growth will certainly differ in the 1980's.
Energy constraints will be felt more keenly as the nation and the state
develop new energy sources and technology. Economic conditions will be
The affected by those energy constraints, and do not promise to be any more
stable than in the last decade. Population needs and economic forces
will necessarily put more pressure on the use of state natural resources
such as land, water, and air.
The setting of the 1980's is also different because the last
decade has provided valuable experience in resource management. That
experience has provided a clearer view of environmental management and
economic development as two sides of the same coin. The experience has
increased the awareness and knowledge of the interrelationship between
different resources such as land and water, and water quality and water
quantity. Experience has also shown that the public and private sectors potent
can together accomplish wise use and protection of critical resources. duplic
Reshaping Resource Management of th
Resource management in the 1980's can start with a sound legisla-
tive base but must build upon that base to bring the promise of the i
1970's to fruition and to satisfy the needs of the 1980's. This means
that the various existing laws must be linked more clearly and imple-
mented more effectively. The laws must be directed toward common goals.
Where laws are serving legitimate goals, they should be continued; where
they do not, they should be abolished or refined. Legislation that
creates needless duplication and confusion should be simplified and
clarified. Administration that is nonresponsive to local problems or
causes unnecessary delay should be made more responsive and more timely.
Resource management must be made more sensible and more effective.
In reviewing resource management of the 1970's, the Task Force
has found that implementation of existing laws to meet the needs of the
1980's falls short in some cases far short of what must be demanded
to achieve sensible and effective resource management. Florida's state
and local planning efforts fail to have clear policy direction or imple- stat
meeting force. Regional management continues as a fragmented and vir- in
tually invisible means of influencing resource decisions. The Develop-
ments of Regional Impact process has evolved to a high degree of
sophistication, but at times has become too complicated, untimely and
unpredictable. Water resource management suffers from a lack of policy reso
direction and leadership. Coastal management has not fulfilled its
:ors potential. State programs continue to overlap and in certain cases
duplicate federal programs.
To reshape Florida resource management to meet the challenge
of the 1980's, the Task Force recommends three major new thrusts.
;la- First, the state can begin to refine existing laws and policies
in the directions suggested by the specific recommendations following
s in this report. This will require a major effort to develop an inte-
grated policy framework for resource management by state, regional
is. and local government levels and a major commitment to regional resource
lere management. Amendments to the Developments of Regional Impact process
and strengthening and refinement of other important resource management
functions are described in more detail in the following pages.
Second, financial and administrative support of resource manage-
y ment laws must be committed. Many of the failures of resource manage-
ment efforts in Florida can be directly attributed to inadequate
financial support for the implementation of very promising laws. The
he state can expect an erosion of effectiveness, credibility and public
ed support for resource management efforts that must limp along with little
te personnel or financial support. The Task Force feels strongly that the
le- state should invest in its future by ensuring that resource management
initiatives are properly funded. The Governor should consider vetoing
p- any new legislation that does not adequately provide accompanying imple-
Accomplishing these recommendations to reshape and strengthen
:Y resource management in Florida requires a concerted and sustained leader-
__ ___ lu~~YP. -- .
ship effort by the Governor, the Legislature and the general public.
The Task Force urges Governor Graham to adopt a unified resource manage-
ment policy incorporating these recommendations as a high priority
particularly during the next two years. We support the timeliness of -
this effort to continue the bold leadership that Governor Graham pro-
vided as the original designer and sponsor of much of the historic
legislation addressed in this Report. Florida needs that same kind
of leadership in the 1980's.
An Integrated Policy Framework for Land and Water Management
1. Comprehensive resource management policies are prerequisite to the
effective management of land and water resources at all levels of govern-
ment. Activities of the various resource management agencies need a
clear direction within an integrated policy framework that promotes con-
sistency between government agencies.
2. The state should formally adopt state resource management policies
that concisely express policy direction for the management of state
resources and the inherent problems of growth. These policies should
have the necessary legal effect of guiding state agency activities,
including planning, research, regulation and service delivery, toward
a common set of goals. They should also guide the policies and activi-
ties of regional and local agencies insofar as these activities affect
state resources. Specific state goals should include, but not be
limited to a state water policy, coastal management policy, and agri-
cultural lands policy, as described in later recommendations in this
3. Florida's regional planning councils should formally adopt by rule
comprehensive regional resource management policies which are a concise
statement of policy direction for the management of regional resources.
They should be more detailed than state policies, but not as site
I F ~a -~b-~ ~ ~U~Jd-F~ [ 4,
specific as a local comprehensive plan. Regional policies should be
consistent with state policies, and be certified as such by the state
4. Local government comprehensive planning is currently the basic tool
for growth management in Florida. The hopes and aspirations which led
to the passage of the Local Government Comprehensive Planning Act of
1975 have not been achieved. It is vital that local government compre- easily
hensive planning be improved and integrated with other state and regional
resource management. After the adoption of state and regional resource
management policies, and when the required five year review of local sve
government comprehensive plans occurs, local comprehensive plans should
be certified by both the region and the state for local conformance to
state and regional policies. Subsequent local government plan amendments deve
should also be so certified. This should not change already-approved
development decisions made by local governments. each 1
5. In order to encourage local governments to prepare, update, and resouY
implement their comprehensive plans promptly and acceptably, a broad re
system of workable incentives should be available, and a system of dis-
incentives should be developed and invoked where there is prolonged and s
delay and/or non-compliance. Incentives should include both technical inter
assistance and financial assistance that assists effective performance al
by local governments. applii
Explanation of Intent state
The intent of these recommendations is to provide a resource aspect
management policy framework to guide and coordinate the decisions of
management policy framework to guide and coordinate the decisions of
LMOST everyone has heard, ad
nauseam, the aphorism that an op-
timist is one who sees the water
glass as half full while the pessimist sees
it as half empty. The maxim has some
relevance to any discussion of what the
Florida Legislature has done thus far to
safeguard the state's supply of drinking
Before the 1983 session began, a task
force on water quality concluded that
Floridians' water is vulnerable to con-
tamination and that government's re-
sponse is inadequate. Legislation on
water quality assumed a high priority.
Now, at the midpoint of the session,
the House has approved a comprehen-
sive piece of legislation seeking to carry
out many of the water-quality task
force's recommendations. The Senate,
meanwhile, is seeking some of the same
goals through a different approach, with
separate bills dealing with different
An optimist could find reason to be
encouraged by what has transpired thus
far, particularly in the House. There, the
leadership has used its persuasiveness
and its political muscle to win passage of
a bill that exceeds any past effort. The
House bill commendably tackles the
issue of hazardous wastes, for example,
and the House has backed up its concern
with funding to clean up dumpsites. As
Rep. Jon Mills observed, there should be
no "Love Canals" in Florida if this legis-
lation becomes law.
Just as an optimist can find reason for
encouragement in what has transpired
thus far, so a pessimist could find reason
to be discouraged. Left unresolved, for
- instance, is the problem of how Florida's
municipalities can cope with an estimat-
ed $1.3 billion backlog of capital-outlay
needs in the area of sewage treatment.
Moreover, both houses have been forced
to make major compromises on stan-
dards for septic tanks. The alternative,
many legislators feel was the defeat of
Politics obviously is the art of the pos-
sible, and compromise has a place in the
legislative process. Task forces can focus
on problems; lawmakers must find prac-
tical, politically feasible solutions. So the
lawmakers who have shepherded the
legislation this far deserve the public's
understanding. They are surely correct
on one point: A compromise bill is better
than no bill at all. Much better.
Yet FIoridians concerned about water
quality not just this year, but years
from now may be forgiven for won-
dering whether the compromising has
gone too far. After all, there's a. differ-
ence between yielding on water-quality
issues and splitting the difference be-
tween two appropriations bills.
The difference is illustrated by turn-
ing the old aphorism around. Would any-
body want to drink a glass of water
that's half pure and half polluted? Half
clear and half muddy? Hardly. In fact,
any contamination of Florida's water -
whether from sewage or agricultural
pesticides or hazardous-waste dumpsites
- is unacceptable.
So the Legislature needs to continue
water quality as an issue. Senate passage
of the House's slightly 'stronger bill
would be a welcome step, but neither
chamber should be satisfied until Flori-
da's proverbial drinking glass is filled
with water that's pure and plentiful. On
that, there should be no compromise.
Testimony urges state to list toxic waste sites
By Victoria Churchville
or 11F nSFWIINL STAFF
TALIAHASSEE Local governments
should be the front line of defense in the
battle to prevent toxic chemical contaimina-
tion of Florida's underground drinking wa-
ter supplies, one of the state's leading ex-
perts on hazardous waste told a special
congressional committee Monday.
But city and county governments cannot
be expected to clean up the more than 200
uncontrolled waste sites already identified
In Florida, said Dr. Roy Herndon, director
of Florida State University's Hazardous
Waste Management Program.
"l'it mismangement requires state and
fede-al cleanup," he said. "There really
isn't a role for local government there."
Instead, they must assume a preventa-
tive role because "local government repre-
sents the front line of defense" against haz-
ardous waste pollution, Herndon said.
He said local governments need training
and technical aid from their federal and
state counterparts to act as effective van-
guards to deter life-threatening chemical
seepage into groundwater.
Current federal policy Is aimed at large
commercial hazardous whste sites and falls
to address small-scale waste generators,
said U.S. Rep. Don Fuqua, D-Altha, chair-
man of the House Science and Technology'
The congressional panel, which Is con-
ducting a series of hearings to'gather Infor-
mation on ways to Involve local govern-
ment In the hazardous waste management
process, also includes U.S. Reps. Buddy
MacKay, D-Ocala, and Tom Lewis, R-North
"If local government doesn't'get In-
volved, we can't deal with the small gener-
ators and In Florida that's the core of the
problem," said MacKay. These Include
electroplaters, dry cleaners and battery
Local officials can play a crucial role by
Identifying small generators and old, aban-
doned landfills, he said.
Attention also must be paid to some
newer sanitary landfills that threaten
groundwater, MacKay said. Citizens and
small businesses dump toxic Items such as
pesticides and drain cleaners at these fa-
cllllles, he said.
"This generation's sanitary landfills are
going to be the next generation's hazard-
ous waste sites," the congressman said.
Witnesses representing environmental
groups, federal and state agencies, local
governments and the Legislature agreed
that a statewide Inventory of hazardous
waste Is the first step toward preventing
future polluted sites.
The next step Is to educate businesses
and the public about hazardous waste.
"The average dry cleaner In Florida is a
good person who does not want to pollute
the environment. And frankly, up Until
now he hasn't even known that he has haz-
ardous waste," said George Sheldon, presi-
dent of the Florida League of Conservation
"I remember In my home town the guy at the local
filling station used to dump his used motor oil In the
creek. Nobody knew any better," Fuqua said.
"Our focus in today's hearing Is not finding people
to blame for hazardous waste generation In a
modern Industrial society hazardous waste will be
generated but, rather to seek ways to more effec-
tively control Its treatment and disposal," Fuqua
Florida's hazardous waste sites have received less
national attention than more spectacular ones, such
as Love Canal, in heavily Industrialized states, said
Victoria Tschlnkel, secretary of the Department of
Environmental Regulation. But more may be at
stake In Florida where 92 percent of the population
relies on groundwater for drinking supplies, she
The U.S. Environmental Protection Agency has al-
ready placed 28 state sites on the national priority
list of 419 dumps that threaten public health nation-
wide. These sites are eligible for federal cleanup
money from a special budget called Superfund that
Congress created in 1900.
But Superfund cleanup has been slow. Of Florida's
25 sites, only three have received some federal mon-
ey, said Tschlnkel.
Fuqua predicted that the Superfund project will
speed up if tie Senate confirms William Ruckel-
shaus as the new EPA administrator.
Herndon said Florida, which ranks 17th in the pro-
duction of hazardous waste, must assume more re-
sponsibility for the waste it generates.
Both Tschinkel and Herndon said the biggest gap
In Florida's management of hazardous waste is Its
failure to set up centers where small businesses can
consolidate such waste and store It temporarily.
Hazardous chemical waste cannot be buried safely
In Florida landfills because of the state's high
groundwater table and sandy porous soil. But at
transfer centers, such waste could be consolidated
and prepared for transportation to licensed landfills
In Alabama and South Carolina, Herndon said.
But finding sites for hazardous waste storage and
transfer stations poses problems because nobody
wants to live near one, said Michael Sittig, assistant
executive director of the Florida League of Cities.
"It's like siting a sewage treatment plant or a pris-
on in a neighborhood but it's more emotional be-
cause people don't understand hazardous waste," he
said. "Educational programs are paramount."
The Florida Times-Union, Jacksonville, Monday, May 9, 1983
Bill would ensure agriculture gets respect
Agriculture is sometimes a little like
It gets no respect
At least that is the impression some
of those involved with agricultural af-
fairs have been getting recently.
As the state and the Legislature -
have become more urbanized, some
have begun to feel that agriculture is
forgotten when programs are drafted.
Sen. George Kirkpatrick. D-Gaines-
ville, wants to make sure this doesn't
happen when it comes to state govern-
He is sponsoring a bill called the Flor-
ida Agriculture Policy Act which re-
quires that the interests of agriculture
be considered when legislators or state
agencies are developing legislation or
regulations which may have an effect
Kirpatrick noted that the impact on
the environment and on the economy is
required to be taken into consideration
in the passage of legislation.
Agriculture is so important to the
state that it also should be considered as
one of the highest priorities, he said.
The bill would declare it the policy of
the state to "achieve and maintain the
production of agricultural commodities
as an essential element for the survival
The legislation passed the Senate Ag-
riculture Committee, which is headed
nm*as-Unso Form Edlr r
by Kirkpatrick, last week by a 5-1 vote.
Under the bill, state agencies would
be required to:
P Review existing laws and regula-
tions to determine if they adversely af-
w "Carefully consider" recommen-
dations from agricultural groups and or-
ganizations with respect to amending
W Annually make a report to the Leg-
islature recommending changes in laws
or rules that might adversely affect ag-
Also in Tallahassee last week. the
special Tax Advisory Committee work-
ing under the House Finance and Tax-
ation Committee decided that it will not
make any recommendations in this ses-
sion of the Legislature for changes in
the Agricultural Assessment (Green
The committee, made up mostly of
tax lawyers and accountants, is review-
ig all phases of the tax code for possi-
ble changes. The last couple of weeks it
has been looking at the Green Belt law.
The committee decided that because
there is relatively little time left m this
session and the problem is so complex.
they would not try to develop recom-
mendations for this session, but would
continue to study the matter for possi-
ble recommendations next year.
Carroll Lamb, executive vice presi-
dent of the Florida Forestry Association
and one of the agricultural representa-
tives who has been attending the com-
mittee meetings, said the stance of the
committee is welcomed by agriculture.
"I am very pleased the committee re-
alized the complexity and seriousness of
the problem and (hasn't tried] to come
up with a quick and easy solution," he
said. It is a very complex problem."
Agricultural land is assessed for tax
purposes at a different rate than other
land, resulting in lower taxes. There
have been complaints that the law is be-
ing abused by developers and others to
get lower assessment on land which is
not really farmland.
Lamb said he is sure that agriculture
is just as interested as others "in com-
ing up with something that will protect
legitimate agricultural folks. and at the
same time discourage so-called abus-
lilA T'he Miami llerald / Monday. May 9. 19831* ..
Ambitious water package faces 1st vote
By ANDERS GYLLENIfAAL
Ilerald (eqitlal Ilureau
TALLAIASSEE The water is
fresh and pristine as it bubbles over
the rocks in a larger-than-life oil
painting that hangs on the fourth
floor of the Capitol between the
wooden doorways of the House and
It is a picturesque scene, fittingly
located for the coming week of the
session. For the lofty speeches leg-
islators have been making all year
about saving the state's water are
about to face the harsh political
realities of lawmaking.
The Water Quality Assurance
Act of 1983, considered by many
lawmakers the key piece of legisla-
tion this session, comes up for its
first vote on the House floor today.
Several of the half-dozen similar
measures also are scheduled for
floor votes in the next week or so.
They offer principles that nobody
could oppose. As one aide put it,
"What? Go home and say you voted
against clean water?" Yet law-
makers fear the bills could easily
lose their purity and potency -
In the legislative negotiating that Is
about to begin.
Neither chamber is impressed
with the other's approach to an
agenda they largely agree upon.
Among the key items: regulating
septic tanks and hazardous wastes,
testing pesticides, raising money to
clean up pollution and protecting
the underground supplies that pro-
vide 92 per cent of the state's popu-
lation with drinking water.
"The Iouse bill as it stands today
doesn't have a chance of passing the
Senate," said Sen. George Kirkpa-
'The House bill as it stands
today doesn't have a chance
of passing the Senate. It's
Sen. George Kirkpatrick .
trick (D., Gainesville). who has
chaired two workhorse subcommit-
tees on the measures. "It's too big.
It tries to cover too many things. I
don't believe it's financeable."
On the other side, former Rep.
William Sadowski of Miami, who
has become perhaps the state's
leading figure on water by chairing
the Iouse's task force on the sub-
ject, observed: "I just don't know
what to expect out of the Senate."
Proponents of the measures in
both chambers predict they will
usher their bills off their respective
floors intact and prepare for the
inter-chamber standoff, which is
likely to lead to a conference com-
mittee late in the session.
The House's version (111129),
which was twice rewritten in com-
mittee, runs 70 pages, would cost
about $28 million and is generally
conceded to be more ambitious than
Among its provisions are: a test-
ing system to gauge the quality of
Florida's ecologically fragile under-
ground water supplies: sweeping
new rules for disposing hazardous
wastes and cleaning up old dump
sites; new limits on septic tanks; re-
quirements to plug certain Artesian
wells that can spread contamination
and the creation of a pesticide coun-
cil to prevent a repeat of this year's
The program would be funded in
several ways. It would impose a 1.5
per cent tax on wholesale chemicals
and a 4-cent per barrel tax on oil
and petroleum products that would
generate $22 million a year. Anoth-
er $6 million would come from an
oil trust fund set up to clean up
ocean oil spills.
It arrived on the louse floor Fri-
day, where debate began on what is
the first major piece of legislation
to reach the chamber.
Similar votes will he coming up
on the Senate side in the next week
or two. That chamber's answer to
the water question comes in six
separate bills that cover most of the
ground the louse bill does.
Among the Senate bills are: a
hazardous waste bill (S189) that Is
ready for a floor vote; a hill (S169)
Insuring that all water research be
coordinated through the state; one
(SI114) setting up a pesticide re-
view council; a bill (S991) regulat-
ing septic tanks; a measure (S981)
establishing an oil transport tax on
trucking and pipelines that would
fund cleanup of underground
spills, and a bill (S175) setting up.
but probably not funding, a sewage
treatment grant program.
The equalizer, as in most issues,
is going to be money.
Notably missing from the Sen-
ate's package is the expensive mon-
itoring system the House proposes.
And this week, in a bow to develop-
ers worried over building costs, a
Senate committee loosened the sep-
tic tank rules.
The casualites of the budgetary
pressures may spread rapidly once
the water bills go up against fund-
ing for such big-ticket items as edu-
"That's why we've tried to do it
this way." said Kirkpatrick. "We
feel it's better to address the issues
Individually. Then if you have prob-
lems with one, you can get the
Not so, says the Ilouse.
"Having all this in one issue is
the important thing," said Sadow-
ski. "If you put it all together,
there's a single vote to he cast. I
don't think there are manv people
in the Iegislature who could vowc
----- .. 64 o
DAYTONA BEACH MORNING JOURNAL Thursday, May 12.193
DAYTONA BEACH MORNING JOURNAL
Safety Of State's Drinking
Water Depends On- Senate
THOUGH SOMEWHAT weaker than
the excellent proposal developed by a
state task force, the revised Water
Quality Assurance Act of 1983 passed
Monday by the House would do much to
protect Floridans' drinking water and
good health from serious threats posed
by hazardous wastes, septic tanks' dis-
charge, pesticides and other pollutants.
The act provides money to clean up
hazardous waste dumps that are tick-
ing pollution timebombs, and creates
much more stringent restrictions on
use, transport and disposal of danger-
ous substances. The measure also puts
new limits on use of septic tanks, es-
tablishes a statewide ground water
Monitoring program, mandates cap-
ping of abandoned wells to prevent
them from being pollution conduits,
o and improves testing and regulation of
Most of the weakening amendments
to the act which were considered Mon-
day concerned septic tanks, but an at-
tempt to omit septic tank restrictions
was defeated. Septic tanks would be
limited to no more than four per acre in
areas served by public water systems.
Money for the programs would be
generated by a 4 cent a barrel tax on
oil and petroleum products (capped at
$12.5 million a year), a 1.5 percent tax
on hazardous chemicals and pesticides
(capped at $10 million), and transfer of
$6 million from an oil spill trust fund. A
proposed 20 cent increase in the docu-
; mentary stamp tax that would have
raised $50 million for new sewage
treatment plants needed throughout
the state was dropped in committee.
DESPITE THE WEAKENING
changes and amendments, the water
act still is perhaps the most significant
legislation of the session. Nothing could
be more urgent than ensuring the safe-
ty of water Floridans drink, and the act
would do much to meet that goal.
Whether such views are shared by a
majority of the Florida Senate, howev-
er, is far from certain. With special
interests applying intense lobbying
pressure and reminding senators of
hefty campaign contributions last fall,
strong opposition to key features of the
act has developed in the upper cham-
Many observers expect the Senate to
water down the weakened act even
more. Senators could pass a bill or bills
that wouldn't really give Floridans or
their drinking water needed protection
from poisons, or delay decisive action
until the last minute so they could
more easily get away with catering to
special interests that put their profits
ahead of safe drinking water and pub-
S S S.
UNDER THE CIRCUMSTANCES, it
behooves all Floridans who don't want
their drinking water poisoned by toxic
wastes, pesticides or sewage to let sen-
ators know of their strong support for
the Water Quality Assurance Act
passed by the House.
Ordinary citizens could get a big
boost in what appears to be an uphill
fight for safer drinking water if Gov.
Bob Graham gives his important sup-
port to the House measure and meets
his clear leadership responsibilities on
the vital water quality issue.
As the state's water task force
warned after six months of study, the
contamination threats facing aquifers
and their drinking water are real, sub-
stantial and immediate throughout
Florida. The best and perhaps only
hope of preventing widespread contam-
ination of drinking water that could im-
peril public health and devastate the
state's economy is for the Senate to
join the House in passing the Water
Quality Assurance Act.
Senate sets vote,on water quality
By Marion Phelps The Senate bills do. however, call for an and Senate proposals is that the House
Ciapia.i ulren increase from 2 to 5 percent in tax that believes the problem is serious enough to
TALLAHASSEE A Senate package of large generators of hazardous waste pay take the tax gamble. The Senate does not," p
seven w-.ter quality protection bills, de- on storage, treatment or disposal and cre- said Charles Lee, vice president of the p a c k
scribed by its authors as less expensive ation of a 2-cents-per-barrel tax on refined Florida Audubon Society.
and more comprehensive than the Ilouse's petroleum products coming into the state The Senate water package includes: water supplies. Council recomme
lone omnibus water bill, is set for a not already taxed under a coastal *The Hazardous Waste Bill (SB 489), would be made to the commnissi
T,,uT ., .v.-t. protection law. which asl un 4 a million I,1arln,, auric'ulture
The House passed its Water Quality As-
surance Bill on Monday, calling for hew
controls over pesticides, hazardous
substances, petroleum products and septic
tanks and $22.5 million in new or in-
creased taxes the first year.
SThe Senate proposals, however, rely al-
most entirely on borrowing $10.8 million
from existing state trust funds set up
within the Departments of Natural Re-
sources and Profession Regulation.
"It's a reasonable way to fund it when
the teachers are looking for a raise and
state employees are looking for a raise,"
Chairman of the Natural Resources and
Conservation Committee Pat Neal said
Neal, D-Bradenton, said Thursday he is
confident the Senate will adopt the full
package virtually unchanged and quickly
move to a conference committee to iron
out House-Senate differences.
- "I think we will move to a quick solution
on all issues except taxes," Neal said.
Financing may, indeed, spell the success
or failure of either the House or Senate
For years, the Departments of
Environmental Regulation and Natural
Resources and other state environmental
agencies complained they had broad au-
thority to address mounting pollution prob-
lems but lacked the money and staff.
"The basic difference between the House
Waste Site Restoration Fund to match the
federal Superfund for cleanup of aban-
doned hazardous waste sites to be adminis-
tered by the Department of Environmental
Regulation. The $4.8 million would come
from the state's Coastal Protection Trust
Fund, which now holds more than $48
Part of the restoration fund would be
used to sponsor "amnesty days" during
which homeowners, farmers and small
businesses may turn over to the stale
small quantities of hazardous materials
such as pesticides.
The bill also would require every county
to write plans for handling locally gener-
ated hazardous wastes and pick a site for
hazardous waste transfer within three
years. South Florida, northwest Florida
and the Tampa Bay area would complete
their plans within the first year.
The Groundwater Protection Bill (SB
981). which still is'awaiting action in the
Appi piirmi.i.s Committee. It would give
DrlItl authority to regulate petroleum pipe-
lines and storage tanks both below and
above ground. A groundwater protection
trust fund, started with $5 million from
thie Coastal Protection Trust Fund, would
be used to clean up spills of petroleum
products in inland areas.
Owners of petroleum storage tanks
would have to register with DER and pay
a $75 fee. A 2-cents-per-barrel tax on
refined petroleum entering the state would
build the groundwater protection trust
fund to a maximum of $10 million.
The Pesticide Review Council Bill (SB
1114), which would establish a council
within the Department of Agriculture and
Consumer Services to evaluate the effects
of pesticides on Florida soils and ground-
The Septic Tank Bill (SB 994), which is
in the Appropriations Committee. It sets
minimum standards for septic tank instal-
lation and calls for connection to sewage
treatment facilities when development
reaches a density agreed upon by lhe
Department of Health and Rehabilitative
Services, the local government and the
Environmental Reorganization Bill
(SB 994), which would force DER district
boundaries to conform with boundaries of
the state's five water management dis-
tricts by July 1, 1984.
. Sewage Treatment Grant Bill (SB
175), to assist small communities con-
structing sewage treatment plants. It sets
up a grant program but, so far, the Senate.
has been unable to agree on a funding:
*Water Resources Inventory Bill (SB
169), requiring DER to act as a library for
water research in the stale.
Growth plan refined in private
By SUSAN DeFORD
Dmncra CI alh burwee
A recent series of unpublicized meet-
ings between legislators and lobbyists pro-
duced a state-planning bill that quickly
passed the House Select Committee on
Growth Management Tuesday.
The hill, approved during a IS-minute
committee meeting on a 16-1 vote, Imposes
new planning responsibilities on the gover-
nor and Cabinet, state and regional agen-
cies and the Legislature.
The bill received virtually no debate In
the Growth Management Committee Tues-
day, but its provisions were refined during
a series of unpublicized meetings held dur-
ing the last two weeks.
The meetings, which concluded Mon-
day, drew together lawmakers and lobby-
ists involved in the House's attempts to
pass legislation setting new controls on
The meetings were called by Rep. Sam
Bell. D-Ormond Beach, at the direction of
House Speaker Lee Moffitt.
Bell, chairman of the House Commerce
Committee, said he was asked by Moffitt to
resolve debate on how the state should de-
velop its own comprehensive plan.
"The speaker Is very committed to get-
ting something dohe this session (on the
state-planning bill)," Bell said. "I was
asked to get It on the road and I got it on
"If I'd known you weren't Invited I
would have called you," Bell said In re-
sponse to a question about why reporters
weren't notified of the meetings.
Besides key lawmakers, those Invited to
the meetings Included lobbyists for develop-
ment, environmental and local-government
groups, a member of the governor's plan-
ning and budget office aid the chairman of
the governor's special land-management
While controversies surrounding the
bill were Ironed out in these meetings, law-
makers didn't violate the state Sunshine
law or House rules by not advertising the
meetings, said Tallahassee attorney Barry
Richard, who represents the Florida
Press Association, said regulations requir-
ing advance notice of legislative meetings
apply to committees or subcommittees.
The lawmakers who attended the un-
publicized meetings did not constitute a
formal group. Besides Bell, they included
Reps. Ray Libertl, D-West Palm Beach,
chairman of the Growth Management
Committee; Sid Martin, D-Gainesville,
chairman of the Community Affairs Com-
mittee; and occasionally, other members
of the Growth Management Committee.
Those who participated In the meetings
said they knew of no one who was deliber-
Richard said gatherings of public offi-
clals to discuss policy violate the Sunshine
law ahd House rules only if thereclearly can
be no access by the public.
The meetings, which totaled about five
or six according to participants, were held
in the Capitol complex on weekdays arid op
Earlier this session, the stalls of com-
mittees chaired by Liberti and Martiq.rb-
duced differing versions of how state
government should plan for Floria r
State law now requires local govern-
ments to adopt comprehensive plans, de-
tailed blueprints showing HIO*
communities will accommodate future de-
velopment and growing populations.
But state and regional comprehensive
plans, while required by law, have &iVer
been developed. The bill approved by the
Growth Management Committee Tuesday
places the responsibility for drafting such
plans with the governor and Cabinet and
the state's 11 regional planning councils.
In addition, the bill authorizes the Lbg-
islature to review the state comprehensive
pan and modify t by a three-fifths vote ol
Ground water quality proposals sail
By JIM WAIKER
Trlltne Stnla Writer
TALLAIIASSIEE Wnler quality
hills aimed la tightening tip on hnz-
nrdous waste disposal and pesticide
use sailed through the Sennle Tues-
The most controversial part of
the afternoon session devoted to en-
vironmental legislation was the fight
three North Florida senators have
been picking with the St. Johns
River Water Management District.
They tried to cut the amount of
properly taxes the water manage-
The House version of the bill wants new water
studies. The Senate wants to establish a library
of studies already completed.
menl hoard could levy and they
lost on n voice vole.
The three had Criticized the
board for chartering aircraft to at-
tend board meetings In Palalka.
One of the three, Sen. Richard
Langley, 1Q-Clermont, had been In a
running dispute with the board over
a permit for his ranch and another,
Sen. Joe Carlucci, D-Jacksonville.
had long been critical of what lie
said was the district's use of Duval
(:ounty properly taxes while tlhe
county receives no benefits.
The Senate's water quality pack-
age sets up a certain showdown in
conference with the package pushed
by House Speaker Lee Moffitt's
water task force.
The Senate version, instead of
proposing a multi-million-dollar
study of groundwater, directs IhalI
the Department of Environmental
Regulation establish a library of
studies already done.
In another bill, senators revived
tile state sewer grant program -.-
and stripped It of a proposed $50
million appropriation. Thus, stale
nid to construct sewer facilities, on
the law books since 1970, has yet to
receive the first penny of stale
Sen. George Kirkpatrlck,
D-Gainesville, floor managed two
other measures to passage one
iImandInling hl at every county must
designate a hazardous waste Irans-
fer point, with failure to do so mean-
Ing the Cabinet could.
Kirkpatrick said every county
should suffer the "raunma" of chos-
Ing a place to collect or deloxify
The Appropriations Committee
has approved $250.000 for the De-
partment of Environmental Reguln-
lion to complete a hazardous waste
plan for the Tampa lay area by
mld-R184. Dade. Irowaird nnd I)uval
counties would also he pul on a fasl-
Irack hazardous waste program
under provisions of the budget.
Kirkpatrick said the Senate bill
raises the tax levy on hazardous
waste collectors from the current 2
percent ot 5 percent. "The House-
has a large chemical lax tia seeks to
tax everybody." he said.
Another part of the bill Inkes
some $6.5 million In interest that has
collected in the oil spill cleanup fund
and applies it to match the 9-1 fed-
eral "superfund" for hazardous
waste site cleanup.
The other major environmental
bill before the Senate creates a new.
Independent Pesticide Council
Senate passes 6 bills to protect groundwater,
By Larry Lipman
SENINEL 1AILAASSFE B9REAU
TALLAHASSEE Six water-quality
bills aimed at cleaning up hazardous
waste sites, giving the state greater con-
trol over pesticides and reorganizing
agencies that deal with water passed the
Senate unanimously Tuesday.
- Two other water-related bills, dealing
with septic tank restrictions and under-
Tgound petroleum storage tanks, are
awaiting action in the Senate Approprl-
The eight bills contain provisions that
It similar to those In the House's Water
Quality Assurance Act (HR 1129), which
passed last week, but the final chapter on
water probably will be written In a joint
House-Senate conference committee.
The major difference between the
House and Senate water bills is over,
funding. The House bill Includes a 4-
cent-a-barrel tax on oil and petroleum
products capped at $12.5 million a year
and a 1.5 percent tax on hazardous
chemicals and pesticides capped at $10
million a year. I
The Senate bill would increase the tax
on hazardous waste generators from 2
percent to 5 percent to raise $60,000 and
impose a 3 percent gross receipts tax on
operators of hazardous waste t,l-atment,
storage or transfer facilities.
The Senate would use $7.6 million ,
from interest collected on the oil spill
trust fund for hazardous waste cleanup.
The House would use $6 million.
Each chamber also differs in its ap-
proach to monitoring and restricting the,,
use of pesticides considered harmful to
The Senate version would create a re-
view council made dp of several 'state
agencies, university officials and a scien-
tific representative of the pesticide In-
dustry. The council would Issue recom-
mendatlons to the Commissioner of Agri-,
culture, who would continue to have final
authority over pesticides.
The House version gives the secretary
of the Department of Environmental Reg-
ulation authority to challenge the Agri-
culture Commissioner's pesticide rulings
In an administrative hearing.
Bickering over management of the St.
Johns River Water Management District
muddled the Senate debate after Sen. Joe
Carluccl proposed an amendment to limit
the district's property tax authority.
Carlucci, D-Jacksonvlle, said district
officials have been "spending money like
It is going out of style, chartering air-
planes and whatever. All we want to do
Is keep them close so they will spend
money wisely and not foolishly."
The district board's plan to spend $9.4
million to acquire 36,000 acres along the
river from Brevard to Indian River coun-
ties touched off an argument between
Richard Langley, R-Clermont, and John
Vogt, D-Cocoa Beach.
Langley said that because the river
serves the entire state, money for land
should come from the state rather than
taxes on district property owners.
But Vogt said that improving the river
probably benefits most those who live
within the district.
Edgar Dunn, D-Ormond Beach, and
Clark Maxwell Jr., R-Melbourne. joined
Vogt in arguing against Carluccl's
amendment. The amendment was reject-
ed on a voice vote.