THE SENATE

S.B. NO.

757

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 2

STATE OF HAWAII

Proposed H.D. 2

 

 

 

 

 

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 supporting local agriculture is a strategic public investment that will build community resilience and strengthen the productive base of the economy.  The current lack of young farmers and ranchers with the experience, skills, and ambition to undertake the rigorous and complex work of farming and ranching as a business poses a significant hurdle to revitalizing local agriculture.  To address this problem, the legislature finds that rebuilding existing programs that educate, support, and encourage youth for agriculture careers, specifically Future Farmers of America and 4-H programs, is a timely and efficient means of achieving community resilience and sustainability.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the implementation and operation of the Future Farmers of America and 4-H programs to educate and support youth in agriculture careers; provided that the funds shall be apportioned between the Future Farmers of America and 4-H programs as the department of education deems appropriate.

     The sums appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the University of Hawaii, college of tropical agriculture and human resources to implement and operate the Future Farmers of America and 4-H programs to educate and support youth in agriculture careers; provided that the funds shall be apportioned between the Future Farmers of America and 4-H programs as the University of Hawaii deems appropriate.

     The sums appropriated shall be expended by the University of Hawaii for the purposes of this Act.

Part II

     SECTION 4.  The legislature finds that taro lands are essential as culturally important agricultural lands for Hawaii's future food security, representing the smallest portion of agricultural lands but the highest-yielding staple food crop acreage in the State.  The legislature also finds that the taro security and purity task force established under Act 211, Session Laws of Hawaii 2008, reported to the legislature in the 2010 legislative report E ola hou ke kalo; hoi hou ka āina lēia: The taro lives; abundance returns to the land and recommended improved protections for taro-growing lands, including loi (wet fields and terraces), mala (dry fields and terraces), kuana or paepae pohaku (stone walls), and auwai (irrigation ditches).  The task force found that these key structural elements for viable taro production represent the fastest dwindling subset of agricultural land as the lands are destroyed, severed, and built upon by private and public development because of gaps in land use, historic preservation, and planning laws and policies.  Current department of agriculture class designations for intensive agricultural lands do not adequately recognize productive taro lands or protect them for future use.  Existing policies do not encourage state or private landowners to protect or rehabilitate ancient taro infrastructure.

     The purpose of this Act is to improve protections for taro lands and ancient agricultural structures.

     SECTION 5.  Section 171-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Taro lands" means any lands in wetland taro cultivation prior to statehood, or any traditional taro lands that retain historic structural evidence of loi kalo, for example, auwai irrigation ditches, terraces, or walls."

     SECTION 6.  Section 171-10, Hawaii Revised Statutes, is amended to read as follows:

     "§171-10  Classes of lands.  The board of land and natural resources shall classify all public lands and in doing so be guided by the following classifications:

      1.  Intensive agricultural use

   (A)    First class--Lands highly productive of intensive crops such as sugarcane, pineapples, truck crops, and orchard crops.

   (B)    Second class--Lands having medium productivity for intensive crops.

   (C)    Third class--Lands having fair to marginal productivity for intensive crops.

   (T)    Fourth class--Taro lands.  This class does not make a determination of productivity and recognizes the cultural, social, economic, and food self-sufficiency value of preserving traditional taro lands for wetland cultivation.

    2.    Special livestock use

   (A)    First class--Lands highly suitable for special livestock uses such as swine, dairy, and poultry production.  In making the determination, consideration shall be given to drainage, climate, topography, proximity to market, and transportation and compatibility to adjoining land use, among other considerations.  "Dairy" as used for disposition purposes means a "dry lot" dairy without allowance for grazing.

   (B)    Second class--Lands suitable for special livestock uses, but inferior to those of first class.

    3.    Pasture use

   (A)    First class--Lands having a potentially high economic animal unit carrying capacity and capable of correspondingly high liveweight gains per acre per year, such as, less than five acres per animal unit per year and more than one hundred pounds live beef gains per animal unit per acre per year.

   (B)    Second class--Lands having a potentially medium economic animal unit carrying capacity and capable of moderate liveweight gains per acre per year, such as, five to twenty acres per animal unit per year and twenty to one hundred pounds live beef gains per animal unit per acre per year.

   (C)    Third class--Lands having a relatively low animal unit carrying capacity and producing correspondingly low liveweight gains per acre per year, such as, more than twenty acres per animal unit per year and less than twenty pounds average live beef gains per animal unit per acre per year.

    4.    Commercial timber use

   (A)    First class--Lands of high suitability for growth of merchantable timber having mean annual growth potential under normal forest management practices with yields exceeding amounts such as one thousand board feet per acre, and with location and terrain presenting favorable logging, transportation, and marketing conditions.

   (B)    Second class--Lands of high suitability for growth of merchantable timber having mean annual growth potential under normal forest management practices with yields exceeding amounts such as one thousand board feet per acre, and with location and terrain presenting less favorable logging, transportation, and marketing conditions.

   (C)    Third class--Lands of medium suitability for growth of merchantable timber having mean annual growth potential in amounts such as five hundred to one thousand board feet per acre under normal forest management practices, and with location and terrain presenting favorable logging, transportation, and marketing conditions.

   (D)    Fourth class--Lands of medium suitability for growth of merchantable timber having mean annual growth potential in amounts such as five hundred to one thousand board feet per acre under normal forest management practices, and with location and terrain presenting less favorable logging, transportation, and marketing conditions.

   (E)    Fifth class--Lands of relatively low suitability for growth of merchantable timber having mean annual growth potential less than an amount such as five hundred board feet per acre, and with location and terrain presenting favorable logging, transportation, and marketing conditions.

    (F)   Sixth class--Lands of relatively low suitability for growth of merchantable timber having mean annual growth potential less than an amount such as five hundred board feet per acre, and with location and terrain presenting less favorable logging, transportation, and marketing conditions.

     5.   Quarry use

     Lands having sufficient quantity and quality of rock, gravel, and sand for purpose of commercial use.

     6.   Mining use

     Lands bearing sufficient quantity and quality of mineral products for purpose of commercial mining and use.

     7.   Recreational use

     Lands suitable for use and development as parks, playgrounds, historical sites, natural area, camp grounds, wildlife refuge, scenic sites, and other such uses.

     8.   Watershed use

     Lands suitable for the use and development as watersheds or for the development of water, and requiring necessary restrictions on other uses.

     9.   Residential use

     Lands suitable and economically feasible for residential development and use.

     10.  Commercial and industrial use

     Lands suitable and economically feasible for commercial and industrial development and use.

     11.  Hotel, apartment, and motel use

     Lands suitable and economically feasible for hotel, apartment, and motel development and use.

     12.  Resort use

     Lands suitable and economically feasible for resort development and use.

     13.  Unclassified uses

     Lands not otherwise classifiable under the foregoing sections."

     SECTION 7.  Section 205-3.5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "[[]§205-3.5[]]  Reclassification of land contiguous to an agricultural district; approval conditions.  (a)  Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval:

     (1)  A prohibition on any action that would interfere with or restrain farming operations[;], including blockage, disturbance, or destruction of traditional auwai irrigation ditches that may cross property boundaries; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and

     (2)  Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii Right to Farm Act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property."

     SECTION 8.  Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B, or classified as 1.(T), fourth class--taro lands, pursuant to section 171-10, shall be restricted to the following permitted uses:

     (1)  Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber;

     (2)  Game and fish propagation;

     (3)  Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use;

     (4)  Farm dwellings, employee housing, farm buildings, or activities or uses related to farming and animal husbandry.  "Farm dwelling", as used in this paragraph, means a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling;

     (5)  Public institutions and buildings that are necessary for agricultural practices;

     (6)  Public and private open area types of recreational uses, including day camps, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs, and overnight camps;

     (7)  Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures;

     (8)  Retention, restoration, rehabilitation, or improvement of buildings, walls, terraces, and supporting structures for loi taro fields, or sites of historic or scenic interest;

     (9)  Agricultural-based commercial operations as described in section [[]205-2(d)(15)[]];

    (10)  Buildings and uses, including mills, storage, and processing facilities, maintenance 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, and vehicle and equipment storage areas that are normally considered directly accessory to the above-mentioned uses and are permitted under section 205-2(d);

    (11)  Agricultural parks;

    (12)  Plantation community subdivisions, which as used in this chapter means an established subdivision or cluster of employee housing, community buildings, and agricultural support buildings on land currently or formerly owned, leased, or operated by a sugar or pineapple plantation; provided that the existing structures may be used or rehabilitated for use, and new employee housing and agricultural support buildings may be allowed on land within the subdivision as follows:

         (A)  The employee housing is occupied by employees or former employees of the plantation who have a property interest in the land;

         (B)  The employee housing units not owned by their occupants shall be rented or leased at affordable rates for agricultural workers; or

         (C)  The agricultural support buildings shall be rented or leased to agricultural business operators or agricultural support services;

    (13)  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;

    (14)  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;

    (15)  Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;

    (16)  Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuels processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.

              For the purposes of this paragraph:

              "Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities.

              "Biofuel processing facility" means a facility that produces liquid or gaseous fuels from organic sources such as biomass crops, agricultural residues, and oil crops, including palm, canola, soybean, and waste cooking oils; grease; food wastes; and animal residues and wastes that can be used to generate energy;

    (17)  Agricultural-energy facilities, including appurtenances necessary for an agricultural-energy enterprise; provided that the primary activity of the agricultural-energy enterprise is agricultural activity.  To be considered the primary activity of an agricultural-energy enterprise, the total acreage devoted to agricultural activity shall be not less than ninety per cent of the total acreage of the agricultural-energy enterprise.  The agricultural-energy facility shall be limited to lands owned, leased, licensed, or operated by the entity conducting the agricultural activity.

              As used in this paragraph:

              "Agricultural activity" means any activity described in paragraphs (1) to (3) of this subsection.

              "Agricultural-energy enterprise" means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility.

              "Agricultural-energy facility" means a facility that generates, stores, or distributes renewable energy as defined in section 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State.

              "Appurtenances" means operational infrastructure of the appropriate type and scale for the economic commercial generation, storage, distribution, and other similar handling of energy, including equipment, feedstock, fuels, and other products of agricultural-energy facilities;

    (18)  Construction and operation of wireless communication antennas; provided that, for the purposes of this paragraph, "wireless communication antenna" means communications equipment that is either freestanding or placed upon or attached to an already existing structure and that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; provided further that nothing in this paragraph shall be construed to permit the construction of any new structure that is not deemed a permitted use under this subsection;

    (19)  Agricultural education programs conducted on a farming operation as defined in section 165-2, for the education and participation of the general public; provided that the agricultural education programs are accessory and secondary to the principal agricultural use of the parcels or lots on which the agricultural education programs are to occur and do not interfere with surrounding farm operations.  For the purposes of this section, "agricultural education programs" means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in section 165-2;

    (20)  Solar energy facilities that do not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser; provided that this use shall not be permitted on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A; or

[[](21)[]]  Geothermal resources exploration and geothermal resources development, as defined under section 182‑1.

     (b)  Uses not expressly permitted in subsection (a) shall be prohibited, except the uses permitted as provided in sections 205-6 and 205-8, and construction of single-family dwellings on lots existing before June 4, 1976.  Any other law to the contrary notwithstanding, no subdivision of land within the agricultural district with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B, or classified as 1.(T), fourth class--taro lands pursuant to section 171-10, shall be approved by a county unless those A, [and] B, or 1.(T) classification lands within the subdivision are made subject to the restriction on uses as prescribed in this section and to the condition that the uses shall be primarily in pursuit of an agricultural activity.

     Any deed, lease, agreement of sale, mortgage, or other instrument of conveyance covering any land within the agricultural subdivision shall expressly contain the restriction on uses and the condition, as prescribed in this section that these restrictions and conditions shall be encumbrances running with the land until such time that the land is reclassified to a land use district other than agricultural district.  Taro lands classified as 1.(T), fourth class--taro lands pursuant to section 171-10 shall not be reclassified.

     If the foregoing requirement of encumbrances running with the land jeopardizes the owner or lessee in obtaining mortgage financing from any of the mortgage lending agencies set forth in the following paragraph, and the requirement is the sole reason for failure to obtain mortgage financing, then the requirement of encumbrances shall, insofar as such mortgage financing is jeopardized, be conditionally waived by the appropriate county enforcement officer; provided that the conditional waiver shall become effective only in the event that the property is subjected to foreclosure proceedings by the mortgage lender.

     The mortgage lending agencies referred to in the preceding paragraph are the Federal Housing Administration, Federal National Mortgage Association, Veterans Administration, Small Business Administration, United States Department of Agriculture, Federal Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for Cooperatives, and any other federal, state, or private mortgage lending agency qualified to do business in Hawaii, and their respective successors and assigns."

     SECTION 9.  Section 226-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Planning for the State's economy with regard to agriculture shall be directed towards achievement of the following objectives:

     (1)  Viability of Hawaii's sugar and pineapple industries.

     (2)  Growth and development of diversified agriculture throughout the State.

     (3)  An agriculture industry that continues to constitute a dynamic and essential component of Hawaii's strategic, economic, and social well-being.

     (4)  The growth and perpetuation of all traditional Hawaiian crops."

Part III

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect on July 1, 2030.


 

 

Report Title:

Agriculture

 

Description:

Appropriates funds to the Department of Education and the University of Hawaii to operate and implement the Future Farmers of America and 4-H programs.  Amends public lands classifications to add taro lands for wetland cultivation as fourth class of agricultural lands.  Defines taro lands Requires retention of supporting structures for taro fields.  Adds growth and perpetuation of all traditional Hawaiian crops to agricultural planning objectives. (Proposed HD2)

 

 

 

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