Bill Text: HI HB454 | 2012 | Regular Session | Introduced

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Bill Title: Solar Energy; Agricultural Lands

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB454 Detail]

Download: Hawaii-2012-HB454-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	454
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to solar energy.

 

 

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

 

     SECTION 1.  The legislature finds that renewable energy resources contribute greatly to Hawaii's capacity to generate electricity for its residents.  Continued technological improvements in renewable energy infrastructure indicate that physical requirements of the infrastructure are becoming smaller while producing an increased amount of renewable energy.  These technological improvements can benefit production on agricultural lands, in part, by providing renewable energy to the agricultural operations.  Productive agricultural lands would benefit particularly from solar energy produced on such lands.

     The purpose of this Act is to amend section 205-2, Hawaii Revised Statutes, which allows solar energy facilities in class D or E agricultural districts, pursuant to Act 31, Session Laws of Hawaii 2008, to include solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B and C.

     SECTION 2.  Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Agricultural districts shall include:

     (1)  Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;

     (2)  Farming activities or uses related to animal husbandry and game and fish propagation;

     (3)  Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;

     (4)  Wind generated energy production for public, private, and commercial use;

     (5)  Biofuel production, as described in section 205-4.5(a)(15), for public, private, and commercial use;

     (6)  Solar energy facilities; provided that this paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B, C, D, or E; provided further that for lands with an overall (master) productivity rating class B or C, the solar energy facility on the land, at a minimum, shall generate sufficient energy via a renewable energy source to meet the needs of the agricultural operations on the land on which the solar energy facility is established;

     (7)  Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, agricultural-energy facilities as defined in section 205-4.5(a)(16), vehicle and equipment storage areas, roadside stands for the sale of products grown on the premises, and plantation community subdivisions as defined in section 205-4.5(a)(12);

     (8)  Wind machines and wind farms;

     (9)  Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;

    (10)  Agricultural parks;

    (11)  Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; and

    (12)  Open area recreational facilities.

Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d).  Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Solar Energy; Agricultural Lands

 

Description:

Authorizes the use of solar energy facilities on class B and C agricultural land; requires the solar energy facility on class B and C land to provide for the energy requirements via a renewable energy source for the agricultural operations on the land on which the solar energy facility is established.

 

 

 

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