Bill Text: HI HB611 | 2024 | Regular Session | Amended
Bill Title: Relating To Agriculture.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB611 Detail]
Download: Hawaii-2024-HB611-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
611 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 165-2, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Customary and
traditional subsistence farming" means customary and traditional
subsistence farming conducted by a Native Hawaiian cultural practitioner that
is:
(1) Used for direct
personal or family consumption;
(2) Conducted on
land that does not contain a dwelling or residence; and
(3) Conducted on land on which no person resides."
2. By amending the definition of "farming operation" to read:
""Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" includes but shall not be limited to:
(1) Agricultural-based
commercial operations as described in section [[]205-2(d)(15)[]];
(2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;
(3) Operation of machinery and irrigation pumps;
(4) Ground and aerial seeding and spraying;
(5) The application of
chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; [and]
(6) The employment and
use of labor[.]; and
(7) Customary and
traditional subsistence farming.
A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other nonagricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition."
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[;] for economic use or customary and
traditional subsistence farming as defined in section 165-2;
(2) Farming
activities or uses related to animal husbandry and game and fish propagation[;]
for economic use or customary and traditional subsistence farming as defined
in section 165-2;
(3) Aquaculture,
which means the production of aquatic plant and animal life within ponds and
other bodies of water[;] for economic use or customary and
traditional subsistence farming as defined in section 165-2;
(4) Wind-generated
energy production for public, private, and commercial use;
(5) Biofuel
production, as described in section 205-4.5(a)(16), for public, private, and
commercial use;
(6) Solar
energy facilities; provided that:
(A) 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; and
(B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser, unless a special use permit is granted pursuant to section 205-6;
(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, photovoltaic, biogas, and other
small-scale renewable energy systems producing energy solely for use in the
agricultural activities of the fee or leasehold owner of the property,
agricultural-energy facilities as defined in section 205-4.5(a)(17), vehicle
and equipment storage areas, 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;
(12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
(14) Geothermal
resources exploration and geothermal resources development, as defined under
section 182-1;
(15) Agricultural-based commercial operations
registered in Hawaii, including:
(A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;
(B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items;
(C) A retail food establishment owned and operated by a producer and permitted under chapter 11-50, Hawaii administrative rules, that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;
(D) A farmers' market, which is an outdoor market limited to producers selling agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; and
(E) A food hub, which is a facility that may contain a commercial kitchen and provides for the storage, processing, distribution, and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii.
The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph;
(16) Hydroelectric facilities as described in section 205-4.5(a)(23); and
(17) Composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species.
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. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B and for solar energy facilities, class B or C, shall be restricted to the following permitted uses:
(1) Cultivation of crops, including crops for bioenergy, flowers,
vegetables, foliage, fruits, forage, and timber[;] for economic use or customary and traditional
subsistence farming as defined in section 165-2;
(2) [Game and fish propagation;] Raising and propagation of
game and fish for economic use or customary and traditional subsistence farming
as defined in section 165-2;
(3) Raising of livestock, including poultry, bees, fish, or other
animal or aquatic life that are propagated for economic or personal use;
(4) Farm dwellings, employee housing, farm buildings, or activities or
uses related to farming and animal husbandry.
"Farm dwelling", as used in this paragraph, means a
single-family dwelling located on and accessory to a farm, including clusters
of single-family farm dwellings permitted within agricultural parks developed
by the State, or where agricultural activity provides income to the family occupying the dwelling;
(5) Public institutions and buildings that are necessary for
agricultural practices;
(6) Public and private open area types of recreational uses, including
day camps, picnic grounds, parks, and riding stables, but not including
dragstrips, airports, drive-in theaters, golf courses, golf driving ranges,
country clubs, and overnight camps;
(7) Public, private, and quasi-public utility lines and roadways, transformer stations, communications
equipment buildings, solid waste transfer stations, major water storage tanks,
and appurtenant small buildings such as booster pumping stations, but not including
offices or yards for equipment, material, vehicle storage, repair or
maintenance, treatment plants, corporation yards, or other similar structures;
(8) Retention, restoration, rehabilitation, or improvement of buildings
or sites of historic or scenic interest;
(9) Agricultural-based commercial operations as described in section
205-2(d)(15);
(10) Buildings and uses, including mills, storage, and processing facilities, maintenance
facilities, photovoltaic,
biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities
of the fee or leasehold owner of the property, and vehicle and equipment
storage areas that are normally considered directly accessory to the
above-mentioned uses and are permitted under section 205-2(d);
(11) Agricultural parks;
(12) Plantation community subdivisions, which as used in this chapter
means an established subdivision or cluster of employee housing, community
buildings, and agricultural support buildings on land currently or formerly
owned, leased, or operated by a sugar or pineapple plantation; provided that
the existing structures may be used or rehabilitated for use, and new employee
housing and agricultural support buildings may be allowed on land within the
subdivision as follows:
(A) The employee housing is occupied by employees
or former employees of the plantation who have a property interest in the land;
(B) The employee housing units not owned by their
occupants shall be rented or leased at affordable rates for agricultural
workers; or
(C) The agricultural support buildings shall be
rented or leased to agricultural business operators or agricultural support
services;
(13) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(14) Agricultural
tourism activities, including overnight accommodations of twenty-one
days or less, for any one stay within a county; provided that this paragraph shall apply only to a
county that includes at least three islands and has adopted ordinances
regulating agricultural tourism activities pursuant to section 205-5; provided
further that the agricultural tourism activities coexist with a bona fide
agricultural activity. For the purposes
of this paragraph, "bona fide agricultural activity" means a farming
operation as defined in section 165-2;
(15) Wind
energy facilities, including the appurtenances associated with the production
and transmission of wind generated energy; provided that the wind energy
facilities and appurtenances are compatible with agriculture uses and cause
minimal adverse impact on agricultural land;
(16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuel processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.
For the purposes of this paragraph:
"Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities.
"Biofuel processing
facility" means a facility that produces liquid or gaseous fuels from
organic sources such as biomass crops, agricultural residues, and oil crops,
including palm, canola, soybean, and waste cooking oils; grease; food wastes;
and animal residues and wastes that can be used to generate energy;
(17) Agricultural-energy facilities, including appurtenances necessary
for an agricultural-energy enterprise; provided that the primary activity of
the agricultural-energy enterprise is agricultural activity. To be considered the primary activity of an
agricultural-energy enterprise, the total acreage devoted to agricultural
activity shall be not less than ninety per cent of the total acreage of the
agricultural-energy enterprise. The
agricultural-energy facility shall be limited to lands owned, leased, licensed,
or operated by the entity conducting the agricultural activity.
As used in this
paragraph:
"Agricultural
activity" means any activity described in paragraphs (1) to (3) of this
subsection.
"Agricultural-energy
enterprise" means an enterprise that integrally incorporates an
agricultural activity with an agricultural-energy facility.
"Agricultural-energy
facility" means a facility that generates, stores, or distributes
renewable energy as defined in section 269-91 or renewable fuel including
electrical or thermal energy or liquid or gaseous fuels from products of
agricultural activities from agricultural lands located in the State.
"Appurtenances"
means operational infrastructure of the appropriate type and scale for the
economic commercial generation, storage, distribution, and other similar
handling of energy, including equipment, feedstock, fuels, and other products
of agricultural-energy facilities;
(18) Construction and operation of wireless communication antennas, including
small wireless facilities; provided that, for the purposes of this paragraph, "wireless
communication antenna" means communications equipment that is either
freestanding or placed upon or attached to an already existing structure and
that transmits and receives electromagnetic radio signals used in the provision
of all types of wireless communications services; provided further that "small wireless facilities"
shall have the same meaning as in section 206N-2; provided further that nothing in this paragraph
shall be construed to permit the construction of any new structure that is not
deemed a permitted use under this subsection;
(19) Agricultural
education programs conducted on a farming operation as defined in section
165-2, for the education and participation of the general public; provided that
the agricultural education programs are accessory and secondary to the
principal agricultural use of the parcels or lots on which the agricultural
education programs are to occur and do not interfere with surrounding farm
operations. For the purposes of this paragraph,
"agricultural education programs" means activities or events designed
to promote knowledge and understanding of agricultural activities and practices
conducted on a farming operation as defined in section 165-2;
(20) Solar energy facilities that do not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser or for which a special use permit is granted pursuant to section 205-6; provided that this use shall not be permitted on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A;
(21) Solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating B or C for which a special use permit is granted pursuant to section 205-6; provided that:
(A) The area occupied by the solar energy facilities is also made available for compatible agricultural activities at a lease rate that is at least fifty per cent below the fair market rent for comparable properties;
(B) Proof of financial security to decommission the facility is provided to the satisfaction of the appropriate county planning commission prior to date of commencement of commercial generation; and
(C) Solar energy facilities shall be decommissioned at the owner's expense according to the following requirements:
(i) Removal of all equipment related to the solar energy facility within twelve months of the conclusion of operation or useful life; and
(ii) Restoration of the disturbed earth to substantially the same physical condition as existed prior to the development of the solar energy facility.
For the purposes of this paragraph, "agricultural activities" means the activities described in paragraphs (1) to (3);
(22) Geothermal
resources exploration and geothermal resources development, as defined under
section 182-1;
(23) Hydroelectric facilities, including the appurtenances associated with the production and transmission of hydroelectric energy, subject to section 205-2; provided that the hydroelectric facilities and their appurtenances:
(A) Shall consist of a small hydropower facility as defined by the United States Department of Energy, including:
(i) Impoundment facilities using a dam to store water in a reservoir;
(ii) A diversion or run-of-river facility that channels a portion of a river through a canal or channel; and
(iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at higher elevation from a reservoir at a lower elevation to be released to turn a turbine to generate electricity;
(B) Comply with the state water code, chapter 174C;
(C) Shall, if over
five hundred kilowatts in hydroelectric generating capacity, have the approval
of the commission on water resource management, including a new instream flow
standard established for any new hydroelectric facility; and
(D) Do not impact or
impede the use of agricultural land or the availability of surface or ground
water for all uses on all parcels that are served by the ground water sources
or streams for which hydroelectric facilities are considered; or
(24) Notwithstanding any other law to the contrary, composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species."
SECTION 4. Section 226-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) To achieve the
agriculture objectives, it shall be the policy of this State to:
(1) Establish
a clear direction for Hawaii's agriculture through stakeholder commitment and
advocacy[.];
(2) Encourage
agriculture by making the best use of natural resources[.];
(3) Provide
the governor and the legislature with information and options needed for
prudent decision-making for the development of agriculture[.];
(4) Establish
strong relationships between the agricultural and visitor industries for mutual
marketing benefits[.];
(5) Foster
increased public awareness and understanding of the contributions and benefits
of agriculture as a major sector of Hawaii's economy[.];
(6) Seek
the enactment and retention of federal and state legislation that benefits
Hawaii's agricultural industries[.];
(7) Strengthen
diversified agriculture by developing an effective promotion, marketing, and
distribution system between Hawaii's food producers and consumers in the State,
nation, and world[.];
(8) Support
research and development activities that strengthen economic productivity in
agriculture, stimulate greater efficiency, and enhance the development of new
products and agricultural by-products[.];
(9) Enhance
agricultural growth by providing public incentives and encouraging private
initiatives[.];
(10) Assure the
availability of agriculturally suitable lands with adequate water to
accommodate present and future needs[.];
(11) Increase the attractiveness
and opportunities for an agricultural education and livelihood[.];
(12) In addition to the
State's priority on food, expand Hawaii's agricultural base by promoting growth
and development of flowers, tropical fruits and plants, livestock, feed grains,
forestry, food crops, aquaculture, and other potential enterprises[.];
(13) Promote
economically competitive activities that increase Hawaii's agricultural
self-sufficiency, including the increased purchase and use of Hawaii-grown food
and food products by residents, businesses, and governmental bodies as defined
under section 103D‑104[.];
(14) Promote and assist
in the establishment of sound financial programs for diversified agriculture[.];
(15) Institute and
support programs and activities to assist the entry of displaced agricultural
workers into alternative agricultural or other employment[.];
(16) Facilitate the
transition of agricultural lands in economically nonfeasible agricultural
production to economically viable agricultural uses[.];
(17) Perpetuate, promote, and increase
use of traditional Hawaiian farming systems, such as the use of loko i‘a, māla, and irrigated lo‘i, and growth of traditional Hawaiian crops, such
as kalo, ‘uala, and ‘ulu[.];
(18) Increase and develop
small-scale farms[.];
and
(19) Assure the
right of customary and traditional subsistence farming as defined in section
165-2."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Hawaii Right to Farm Act; Hawaii State Planning Act; Native Hawaiian Customary and Traditional Subsistence Farming; Agricultural Lands
Description:
Clarifies that "customary and traditional subsistence farming", which is customary and traditional subsistence farming conducted by a Native Hawaiian cultural practitioner in certain situations, is included as a protected activity under the Hawaii right to farm act. Clarifies that the cultivation of crops and activities related to game, fish, and livestock in the agricultural district may be for economic use or customary and traditional subsistence farming. Provides that one of the State's policies under the Hawaii State Planning Act's agricultural objectives is to assure the right of customary and traditional subsistence farming. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
