Report Title:

Agriculture; Private Agricultural Parks

 

Description:

Allows owners of contiguous parcels within the agricultural district to establish private agricultural parks registered with the Department of Agriculture.  Specifies activities within a private agricultural park. (HB1351 HD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1351

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO PRIVATE AGRICULTURAL PARKS.

 

 

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

 


SECTION 1.  The legislature finds that many times necessary cooperation between and among adjoining and neighboring agriculturalists is stifled by governmental regulation and oversight.

     The purpose of this Act is to encourage owners of neighboring agricultural lands to enter into cooperative private agreements to reduce the shared costs of generating and transmitting electrical energy, cold water for refrigeration and cooling, and nonpotable water for irrigation.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PRIVATE AGRICULTURAL PARKS

     §  -1    Private agricultural parks.  (a)  The owners of one or more contiguous parcels, including public lands, within the agricultural district may establish a private agricultural park.  The owners shall register their private agricultural park with the department of agriculture, on forms prescribed and prepared by the department, which shall include the following information for each private agricultural park:

     (1)  The names and addresses of all its members;

     (2)  The tax map parcel numbers and number of acres in each parcel to be included in the private agricultural park;

     (3)  The types of agricultural activities and products being produced or to be produced by each member, including non-agricultural by-products that may include renewable sources of energy for the production of electrical energy or liquid fuel and cold water for cooling, processing, and air conditioning purposes; and

     (4)  Other information that the department of agriculture determines may be of assistance in promoting the private agricultural park;

provided that, by subsequent filings, a private agricultural park may add or delete members and parcels from its original filing.

     §   -2  Activities permitted in a private agricultural park.  (a)  Within a private agricultural park, pursuant to private agreements between any or all of the members within the private agricultural park, one or more members may:

     (1)  Engage in the generation of electrical energy from fossil fuel or renewable energy sources, including the use of falling water, biomass, wind, and solar energy.  Any electrical energy generated within the private agricultural park, whether by a member or members or through an agreement between a member or members and a nonmember independent energy producer, may be produced, sold, transmitted, and consumed by any other member within the private agricultural park; provided that the transmission and distribution system is solely owned by a consumer cooperative association formed in accordance with chapter 421C;

     (2)  Collect, sell, and distribute cold water to any other member within the private agricultural park to operate cooling and processing facilities for agricultural products or for air conditioning;

     (3)  Collect, store, sell, and distribute nonpotable water for irrigation purposes to any other member within the private agricultural park; and

     (4)  Engage in any other lawful activity within the private agricultural park for the benefit of one or more of its members."

     SECTION 3.  This Act shall take effect on June 30, 2050.