Report Title:

Agribusiness Development Corporation; Counties Define Form Dwellings

 

Description:

Extends the composition of the current agribusiness development corporation's board of directors for an additional four years.

Makes appropriations for agricultural projects; allows counties to define farm dwellings permitted in lands with productivity ratings of C or lower. (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

213

TWENTY-FIRST LEGISLATURE, 2001

H.D. 2

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to agriculture.

 

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

PART I

SECTION 1. The legislature finds that agriculture in Hawaii is continuing its transition from primarily sugar and pineapple to a diversified, multicrop industry. While some success has been achieved, current efforts must be intensified to accomplish the many tasks that lie ahead.

To address this issue, the legislature approved Act 117, Session Laws of Hawaii (SLH) 1999, by altering the requirements for the agribusiness development corporation's board of directors to include knowledge and experience in banking, real estate, and promotion. Act 117 also amended Act 176, SLH 1998, replacing the current membership of the corporation's board of directors with the board of agriculture on July 1, 2001, instead of July 1, 1999.

The legislature further finds that five new members were appointed to the board of directors of the agribusiness development corporation in September 1999. Two years is an insufficient amount of time to implement policies under this new leadership and make a successful transition to the board of agriculture.

The purpose of this Part is to support the continued redevelopment of Hawaii's $2,900,000,000 agricultural industry by extending the composition of the current agribusiness development corporation's board of directors for an additional four years.

SECTION 2. Act 176, Session Laws of Hawaii 1998, as amended by Act 117, Session Laws of Hawaii 1999, is amended by amending section 19 to read as follows:

"SECTION 19. This Act shall take effect on July 1, 1998; provided that section 5 shall take effect on July 1, [2001.] 2005."

SECTION 3. Act 117, Session Laws of Hawaii 1999, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect on June 30, 1999; provided that:

(1) Section 1 shall be repealed on June 30, [2001; and] 2005; and

(2) Section 4 shall take effect on July 1, 1999."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2001-2002 and the sum of $1 or so much thereof as may be necessary for fiscal year 2002-2003 for various agricultural projects.

The sums appropriated shall be expended by the department of agriculture for purposes of this Part.

PART II

SECTION 5. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Agricultural districts shall include activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry; farming activities or uses related to animal husbandry, aquaculture, and game and fish propagation; aquaculture, which means the production of aquatic plant and animal life for food and fiber within ponds and other bodies of water; wind generated energy production for public, private, and commercial use; bona fide agricultural services and uses which support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, whether or not conducted on the same premises as the agricultural activities to which they are accessory, including but not limited to farm dwellings as defined in section 205-4.5(a)(4)[,] or 205-5(b), employee housing, farm buildings, mills, storage facilities, processing facilities, vehicle and equipment storage areas, and roadside stands for the sale of products grown on the premises; wind machines and wind farms; 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 such facilities shall not be used as or equipped for use as living quarters or dwellings; agricultural parks; and open area recreational facilities, including golf courses and golf driving ranges; provided that they are not located within agricultural district lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B.

These districts may include areas which are not used for, or which are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."

SECTION 6. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot, which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements. The county, by zoning ordinance, may also define farm dwellings to be permitted in lands with soil classified by the land study bureau detailed land classification as overall (master) productivity rating class C or lower; provided that the level of agricultural productivity required to allow such dwellings is established."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on June 30, 2001; provided that section 4 of this Act shall take effect on July 1, 2001.