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HomeMy WebLinkAboutPD Background Report (PL-CCI-2026-000018)1 BBill170 – 7.1.2026 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT COUNTY COUNCIL INITIATED BILL NO. 170 (PL-CCI-2026-000018) AMENDMENT TO CHAPTER 25 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ZONING The County Council has referred Bill 170, an ordinance amending Chapter 25 (Zoning), Article 1, of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to zoning for data processing facilities and data centers. Bill 170 would amend the definition of “data processing facility” and add a new definition of “data center.” PURPOSE OF BILL NO. 170 1. Bill 170 (Planning Department Exhibit 1) seeks to amend Section 25-1-5 of Hawaiʻi County Code by revising the definition of “data processing facility” and establishing a separate definition of “data center.” 2. Bill 170 distinguishes data centers from data processing facilities by amending the existing definition of “data processing facility” to expressly exclude data centers and by adding a new definition of “data center.” The stated purpose is to prevent a data center from being interpreted as a permitted data processing facility in the Industrial-Commercial Mixed Use (MCX) district and to clarify that data centers are not presently permitted under the Zoning Code. PROPOSED AMENDMENT TO HCC CHAPTER 25: PROPOSED DEFINITIONS 3. Bill 170 proposes to amend the existing definition of "data processing " and establish a new definition for "data center" within Chapter 25 of the Hawaiʻi County Code. Specifically, the bill would:  Amend the definition of "data processing facility" to expressly exclude data centers while retaining the existing definition for facilities engaged in the compiling, storage, and maintenance of information in digital form utilizing a mainframe computer; and  Add a definition for "data center" as a facility used for the industrial-scale operation of computer systems and associated equipment for the 2 processing, computing, transmission, or dissemination of digital data, together with the supporting infrastructure necessary for those operations. WHERE DATA PROCESSING FACILITIES ARE PERMITTED 4. Under the current Zoning Code, “data processing facilities” are only permitted in the Industrial-Commercial Mixed Use (MCX) zoning district pursuant to Section 25-5-132(a). The use was included when the MCX district was established by Ordinance No. 96-160 to reflect emerging technology and industrial-commercial uses that were compatible with the purpose of the district. Bill 170 would retain “data processing facilities” as a permitted land use in the MCX zoning district but would revise the definition to distinguish them from data centers. WHERE DATA CENTERS ARE PERMITTED 5. Bill 170 establishes “data center” as a distinct land use but does not add that land use as a permitted land use in any zoning district. Section 25-4-4 provides that a use not expressly permitted in a zoning district is prohibited. Accordingly, if Bill 170 is adopted without further amendment, a data center would not be permitted under Chapter 25 unless the Council later amends the Code to identify an allowable district and approval process. AGENCIES – NO COMMENT OR CONCERN 6. County Department of Public Works – Building Division; County Department of Water Supply; State Department of Health; State Office of Planning and Sustainable Development AGENCIES – NO RESPONSE 7. Department of Public Works—Engineering Division; Department of Environmental Management; Hawaiʻi County Civil Defense Agency; Hawaiʻi Police Department; Hawaiʻi Fire Department; Hawaiian Electric; and County Office of Sustainability, Climate, Equity and Resilience. PUBLIC COMMENTS 8. As of this writing, the Planning Department has received no public comments regarding Bill 170. Ashley L. Kierkiewicz (808) 961-8265 County Council District IV ashley.kierkiewicz@hawaiicounty.gov Policy Committee on Planning Policy Committee on Infrastructure Land Use and Development -Chair and Assets -Vice Chair HAWAl'I COUNTY COUNCIL COH PLANNING DEPT Hawai'i County Building JUL 7 2026 PM3:39 25 Aupuni Street • Hilo, Hawai'i 96720 REC'D HAND DELIVERED TO:. Jeff Darrow, Director Planning Department FROM: � �ey L. Kierkiewicz, Council Member DATE: July 7, 2026 SUBJECT: Referral ofBill 170; an Ordinance amending Chapter 25, Article 1 of the Hawai'i County Code 1983 (2016 Edition, As Amended), relating to zoning. Pursuant to Section 25-2-43(b) of the Hawai'i County Code, I am submitting Bill 170, enclosed for your comment and recommendation. I also request that you forward the same to the Windward and Leeward Planning Commissions for their comment and recommendation. Bill 170 was referred for comment and recommendation to the Planning Director and the Windward and Leeward Planning Commissions by the Hawai'i County Council's Committee on Planning on July 7, 2026. After your and the Commissions review, please forward your comments and recommendations to Council Chairperson Dr. Holeka Goro Inaba. Thank you for your attention to this matter. Enc. AK/kj Hawai 'i County Is an Equal Opportunity Provider and Employer