Bill Text: HI HCR187 | 2015 | Regular Session | Amended
Bill Title: Agricultural-Based Commerce Activities Task Force
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-05-01 - Received notice of Adoption in House (Hse. Com. No. 650). [HCR187 Detail]
Download: Hawaii-2015-HCR187-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
187 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF AGRICULTURE TO CONVENE A TASK FORCE TO CLARIFY AND COORDINATE AGRICULTURAL-BASED COMMERCIAL SUPPORT OF BONA-FIDE FARMING OPERATIONS ACROSS THE STATE.
WHEREAS, agricultural-based commercial operations are a critical component to economic viability of Hawaii's farming operations, being an especially important tool for small farmers to directly market their products and continue farming; and
WHEREAS, the Legislature intends to support Hawaii's farmers' ability to improve their economic feasibility, and thus continue to farm, with expressly permissible uses of agricultural commerce related to Hawaiian-grown products; and
WHEREAS, Act 113, Session Laws of Hawaii 2012, created specific state authorization for agricultural-based commercial operations to prevent undue restrictions on agricultural-based commercial operations; and
WHEREAS, agricultural-based commercial operations, which are specifically authorized in section 205-2(d)(15), Hawaii Revised Statutes, and certain farming operations, which are protected under the Hawaii Right to Farm Act, chapter 165, Hawaii Revised Statutes, are intended to be implemented by the Land Use Commission; and
WHEREAS, however, the Land Use Commission has not created any rules to give effect to this law and is by default delegating all implementing regulations to the various counties, effectively requiring farmers to navigate and comply with numerous planning and permitting provisions of the counties; and
WHEREAS, the Legislature respects the importance of "county home rule" and defers to county governments to develop appropriate county ordinances giving effect to state laws while balancing their communities' concerns and citizens' needs; and
WHEREAS, the Legislature does not intend to remove regulatory authority from the counties, yet does intend to clearly communicate the intent of its legislation to give effect to the important purpose of supporting Hawaii's farmers; and
WHEREAS, small-scale farmers continue to struggle with developing agricultural-based commercial operations because of difficulties navigating various county ordinances, which are perceived as excessively burdensome, hindering economic opportunities of agricultural-based commercial operations connected with bona fide farming operations, and crippling the Legislature's intent of supporting agricultural commerce through Act 113; and
WHEREAS, the Department of Agriculture is most appropriate to lead a mission to stimulate agricultural commerce opportunities that directly support the sustainability of agriculture in Hawaii by assessing the current burdens on agricultural commerce through the various county ordinances and engaging the counties in discussion to identify opportunities to decrease the procedural burdens on small-scale farmers and develop outreach to communicate effective resources to support farmers; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that the Department of Agriculture is requested to convene a task force to:
(1) Review individual county requirements for farmers wishing to engage in agricultural-based commercial operations, as defined in section 205-2(d)(15), Hawaii Revised Statutes;
(2) Identify opportunities to reduce any unnecessary burdens of excessive permitting requirements for agricultural-based commercial operations; and
(3) Develop strategies to assist farmers in the county approval process for agricultural-based commercial operations; and
BE IT FURTHER RESOLVED that the task force is requested to include the following persons or their designated representatives:
(1) The Board of Agriculture, with the Chairperson of the Board of Agriculture requested to serve as Chairperson of the task force;
(2) One representative each from the College of Tropical Agriculture and Human Resources and the Economic Research Organization of the University of Hawaii;
(3) One representative each from the Planning Departments of the Counties of Hawaii, Maui, and Kauai and the Department of Planning and Permitting of the City and County of Honolulu;
(4) One representative each from the Offices of Economic Development of the City and County of Honolulu, County of Maui, and County of Kauai, and the Department of Research and Development of the County of Hawaii;
(5) One representative from the Hawaii Farmers Union United;
(6) One representative from the Hawaii Farm Bureau Federation; and
(7) One small farmer representative from each island, appointed by the Board of Agriculture; and
BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendations, including any proposed legislation, in a report to the Governor and the Legislature no later than twenty days prior to the convening of the Regular Session of 2017; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Agriculture; Dean of the College of Tropical Agriculture and Human Resources and Project Manager of the Economic Research Organization of the University of Hawaii; Directors of Planning of the Counties of Hawaii, Maui, and Kauai; Director of Planning and Permitting of the City and County of Honolulu; Director of Economic Development of the City and County of Honolulu; Coordinator of Economic Development of the County of Maui; Director of Development of the County of Kauai; Director of Research and Development of the County of Hawaii; Executive Director of the Hawaii Farmers Union United; and Executive Director of the Hawaii Farm Bureau Federation.
Agricultural-Based Commerce Activities Task Force
