Bill Text: HI HB1124 | 2014 | Regular Session | Introduced

Hawaii House Bill 1124 (Prior Session Legislation)

Introduced

Bill Title: Land Use; Agricultural District; Permitted Use; Solar Facilities

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB1124 Detail]

Download: Hawaii-2014-HB1124-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1124
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to land use.

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

SECTION 1. The legislature finds that Hawaii is rich in renewable energy sources that have the potential to free the State from its dependence on imported oil, which currently supplies approximately ninety per cent of the State's energy. The abundant supply of sunshine represents a clean energy source that could provide farmers with a means to maintain their crops through droughts and plant infestations as well as generate their own power.

The legislature further finds that the installation of photovoltaics does not necessarily preclude the utilization of the remaining portion of the land for agricultural production. Hawaii is one of the few places in the United States where the photovoltaic energy production lifecycle cost is less than that of utility-distributed electricity, which is based predominantly on fossil fuels.

The purpose of this Act is to provide farmers the flexibility necessary to improve Hawaii's food security by permitting solar energy production on agricultural lands that have not been cultivated for a minimum of ten years due to insufficient quantities of water to support viable agricultural production. It is the legislature's intent that while agriculture will remain the primary focus for agricultural land, this Act will provide farmers the opportunity to generate their own electric power as well as supplement their income by selling excess electricity to the grid.

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;

(4) 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) The land is located within urban growth boundaries as determined by the general plan of the county in which the land is located;

(B) If the land is not located within urban growth boundaries, solar facilities shall be permitted if the land has not been cultivated for a minimum of ten years due to insufficient quantities of water to support viable agricultural production; and

(C) [~~This paragraph shall apply only to~~] If neither subparagraph (A) nor subparagraph (B) applies, solar facilities shall be permitted on 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~~] provided that 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;

(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; and

[[](15)[]]Agricultural-based commercial operations, 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;

(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, 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.

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.

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 upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Land Use; Agricultural District; Permitted Use; Solar Facilities

Description:

Authorizes solar facilities as a permitted use in agricultural districts on land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A if the land is within urban growth boundaries or if the land has not been cultivated for at least 10 years.

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