HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO AGRICULTURAL LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that it is difficult for farmers in Hawaii to be economically sustainable for a number of reasons, including the limited availability of reliable markets and food hubs, which are facilities used to secure food and process value added products. Allowing farmers' markets and food hubs to be operated on agricultural lands will help ensure public access to locally grown food and value-added products.
The legislature also finds that farmers require convenient processing facilities to bottle and jar fresh jellies, curries, pickled products, and other prepared foods. Having a facility on a farm close to where food is grown increases productivity and provides an abundance of food for local and export markets. Allowing farmers' markets and food hubs on agricultural land also offers customers community-supported agriculture pickup locations, outlets for produce from school gardens, and venues with access to restrooms. Residents and tourists will also be able to enjoy the agrarian lands, attend farm classes, visit demonstration gardens, and see where and how their food is grown.
The legislature further finds that allowing farmers' markets and food hubs on agricultural land will lower costs for and increase revenue to farmers in the State and help farmers become or remain economically sustainable.
The purpose of this Act is to:
(1) Permit farmers' markets and food hubs on agricultural lands; and
(2) Require that value-added products displayed and sold by agricultural-based commercial operations in agricultural districts contain at least fifty percent Hawaii grown content.
SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Agricultural districts shall include:
(1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;
(2) Farming activities or uses related to animal husbandry and game and fish propagation;
(3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;
Wind generated] Wind-generated
energy production for public, private, and commercial use;
(5) Biofuel production, as described in section 205‑4.5(a)(16), for public, private, and commercial use;
(6) Solar energy facilities; provided that:
(A) This paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B, C, D, or E; and
(B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser, unless a special use permit is granted pursuant to section 205-6;
(7) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, agricultural-energy facilities as defined in section 205-4.5(a)(17), vehicle and equipment storage areas, and plantation community subdivisions as defined in section 205‑4.5(a)(12);
(8) Wind machines and wind farms;
(9) 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 these facilities shall not be used as or equipped for use as living quarters or dwellings;
(10) Agricultural parks;
(11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
(14) Geothermal resources exploration and geothermal resources development, as defined under section 182-1;
(15) Agricultural-based commercial operations[
headquartered and registered in Hawaii, including:
(A) A roadside stand that is not an enclosed
structure, owned and operated by a producer for the display and sale of agricultural
products grown in Hawaii and value-added products [
that were produced using
agricultural products grown in Hawaii;] containing at least fifty per
cent Hawaii grown content;
(B) Retail activities in an enclosed structure
owned and operated by a producer for the display and sale of agricultural
products grown in Hawaii, value-added products [
that were produced using
agricultural products grown in Hawaii,] containing at least fifty per
cent Hawaii grown content, logo items related to the producer's
agricultural operations, and other food items; [ and]
(C) A retail food establishment owned and
operated by a producer and permitted under title 11, chapter 12 of the rules of
the department of health that prepares and serves food at retail using products
grown in Hawaii and value-added products [
that were produced using
agricultural products grown in Hawaii.] containing at least fifty per
cent Hawaii grown content;
(D) A farmers' market, which is an outdoor market limited to farmers selling agricultural products grown in Hawaii and value-added products containing at least fifty per cent Hawaii grown content; and
(E) A food hub, which is a facility, which may contain a commercial kitchen, that provides for the storage, processing, distribution, and sale of agricultural products grown in Hawaii.
The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph; and
(16) Hydroelectric facilities as described in section 205‑4.5(a)(23).
Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d). Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2017.
Agricultural Lands; Commercial Operations; Farmers' Markets; Food Hubs
Permits farmers' markets and food hubs on lands in an agricultural district. Requires that value-added products displayed and sold by agricultural-based commercial operations in agricultural districts contain at least fifty percent Hawaii grown content. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.