THE SENATE

S.B. NO.

435

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to hawaiian plants.

 

 

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

 


     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 ahupuaa 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 Hawaii's urban and natural environment.  Some invasive plants have displaced and endangered Hawaii'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 Hawaii's cultural and ecological heritage.

     SECTION 2. Section 103D-408, Hawai‘i 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 the exceptions in subsections (d) and (e), 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 the island [or islands on] and ahupuaa in which the species [originated.] was found or known to occur prior to European contact;

     (3)  Wherever and whenever feasible, Hawaiian plants used for landscaping pursuant to this section shall be sourced from the island on which they are used; and

     (4)  Wherever and whenever feasible, when non-Hawaiian plants are proposed for use in landscaping pursuant to this section, the offeror shall use the invasive species council's Hawaii-Pacific weed risk assessment system in selecting any such plant species.

     (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)  Subject to subsection (d), 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)  For the purposes of calculating the minimum percentage of the total plant footprint for landscaping required under subsection (c), the total plant footprint shall not include:

     (1)  Landscaped areas of sand, turf grass, sod, hydroseed, hydromulch, or stolons;

     (2)  The footprint of exceptional trees designated under chapter 58, and street trees; and

     (3)  Additional landscaped areas, not within the conservation land use district, within a county as determined by the county zoning agency, with the consent of the board of land and natural resources, including but not limited to landscaping necessary for erosion control.

     (e)  This section shall not apply to landscaping associated with a "significant historic property" designated under section 6E-2 and its implementing regulations.

     (f)  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.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

OHA Package; Hawaii 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.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.