Bill Text: HI SB435 | 2016 | Regular Session | Amended
Bill Title: OHA Package; Hawaiian Plants; Public Landscaping
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB435 Detail]
Download: Hawaii-2016-SB435-Amended.html
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THE SENATE |
S.B. NO. |
435 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HAWAIIAN PLANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI‘I:
SECTION 1. The legislature finds that the use of Hawaiian plants in landscaping is fundamental to preserving and fostering a Hawaiian sense of place in our neighborhoods and communities. Historically, each island, moku, and ahupua‘a supported varied and diverse Hawaiian plant life. The connections between certain areas and certain plants hold cultural significance and reflect an ecological balance achieved through long-term adaptation to specific local environments.
The relatively recent influx of non-native plant species and invasive plant species has transformed Hawai‘i's urban and natural environment. Some invasive plants have displaced and endangered Hawai‘i's native plants and animals. Notably, state landscaping projects have continued to utilize and propagate some of these more recently introduced plants, notwithstanding the importance of Hawaiian plants to biodiversity, ecological stability, and a cultural sense of place.
Accordingly, the legislature finds that publicly funded landscaping should embody the cultural and ecological heritage of the place in which the landscaping is located, through the use of Hawaiian plants associated with each project area. The legislature further finds that a place-based approach to landscaping on the local level is important and desirable for cultural preservation, biodiversity, biosecurity, and ecosystem management.
The purpose of this Act is to amend the state public procurement code to require that all publicly funded landscaping projects include a minimum percentage of Hawaiian plants, in order to contribute to a Hawaiian sense of place, to reduce the use of non-native invasive plant species, and to support the preservation of Hawai‘i's cultural and ecological heritage.
SECTION 2. Section 103D-408, Hawaii Revised Statutes, is amended to read as follows:
"[[]§103D-408[]
Indigenous and Polynesian introduced] Hawaiian plants; use in public
landscaping. (a) [Wherever and whenever feasible,] Subject to exceptions as established under subsection (d),
and pursuant to the timetable described in subsection (c), all plans, designs, and specifications for new
or renovated landscaping of any building, complex of buildings, facility, complex
of facilities, or housing developed by
the State with public moneys shall incorporate [indigenous land plant species as defined in section 195D-2,
and plant species brought to Hawaii by Polynesians before European contact, such
as the kukui, noni, and coconut;] Hawaiian
plants; provided that:
(1) Suitable cultivated plants can be made available for this purpose without jeopardizing wild plants in their natural habitat; and
(2) Wherever and whenever
possible, [indigenous] Hawaiian plants shall be used for landscaping
on, and sourced from, the island [or islands on] and ahupua‘a in which the species
[originated.] was found or known to occur prior to European contact.
(b) Each plant or group of plants used pursuant to subsection (a) shall be clearly identified with signs for the edification of the general public.
(c) The timetable for the incorporation of Hawaiian plants pursuant to subsection (a) shall be as follows:
(1) By January 1, 2019, Hawaiian plants shall constitute a combined minimum of ten per cent of the total plant footprint for landscaping plans, designs, and specifications pursuant to subsection (a);
(2) By January 1, 2025, Hawaiian plants shall constitute a combined minimum of twenty-five per cent of the total plant footprint for landscaping plans, designs, and specifications pursuant to subsection (a);
(3) By January 1, 2030, Hawaiian plants shall constitute a combined minimum of thirty-five per cent of the total plant footprint for landscaping plans, designs, and specifications pursuant to subsection (a).
(d) Notwithstanding chapter 91, the head of the purchasing agency may determine exceptions to the requirements of subsection (a) using procedures, standards, or guidelines established by the policy board. The policy board may adopt rules pursuant to chapter 91 to establish the procedures, standards, or guidelines for determining exceptions to subsection (a).
(e) For purposes of this section:
"Hawaiian plants" means any plant species, including land, freshwater, and marine plant species, growing or living in Hawaii without having been brought to Hawaii by humans; or any plant species, including land, freshwater, and marine plant species, brought to Hawaii by Polynesians before European contact, such as kukui, kalo, wauke, niu, noni, and kamani."
SECTION 3. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 2016.
Report Title:
OHA Package; Hawaiian Plants; Public Landscaping
Description:
Subject to exceptions, requires all plans, designs, and specifications for new or renovated landscaping of State-developed buildings, complexes, facilities, or housing to incorporate Hawaiian plants. Effective 6/30/2016. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
