Bill Text: HI HB1918 | 2014 | Regular Session | Introduced
Bill Title: Agricultural Land Use; Agricultural Tourism; Educational Retreat
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-30 - The committee(s) on AGR recommend(s) that the measure be deferred. [HB1918 Detail]
Download: Hawaii-2014-HB1918-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1918 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sustainable community educational programs and environmental and agricultural related activities are vital to enhancing Hawaii's communities and economies. For example, eco-tourism and agricultural tourism positively impact the State both fiscally and socially by expanding environmental awareness and productivity. Existing educational retreats within Hawaii have demonstrated the ability to provide cultural, wellness, and sustainable living experiences in the spirit of aloha and ohana, and retreat programs can provide for an area's needs for agricultural food production, education, employment, energy, recreation, services, and safety in a manner that has minimal impact on the local environment and surrounding neighborhoods.
The legislature also finds that educational retreats and agricultural tourism opportunities may be appropriate in rural areas on lands with limited agricultural potential, which could help to vitalize and augment sustainable living practices, assist agricultural production, and provide economic as well as educational benefits to local residents.
The legislature further finds that educational retreat operations can supplement the need for essential services in remote areas where the services may be lacking and also serve as a stimulus for economic stability and reducing unemployment. Educational retreats and agricultural tourism provide jobs and income for the community and serve as an important learning experience for many people who do not have a connection to agriculture. Educational retreats and agricultural tourism also support the Hawaii 2050 sustainability goals established pursuant to Act 8, Special Session Laws of Hawaii 2005.
The legislature finds that there are educational retreat and agricultural tourism opportunities in areas such as the Puna district on the island of Hawaii, upcountry Maui, and north and west Kauai. Increased economic activity in those areas will also benefit neighboring communities. Although educational retreat activities and agricultural tourism can be a profitable marketing tool for the agricultural and tourism industries, the legislature recognizes that each county may have differing priorities regarding land use, particularly regarding permissible uses on agricultural lands.
The purpose of this Act is to allow agricultural tourism, including accommodations, and educational retreats in agricultural districts within any county in this State. It is the legislature's intent to encourage the counties to support educational retreats that conduct certain environmental, agricultural, and cultural activities on, or uses of, land in agricultural districts, and to establish a process by which the respective county planning commissions may grant special permits for educational retreat activities on lands within the agricultural district.
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),]
205‑4.5(a)(17), 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;
(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),]
205‑4.5(a)(18), 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) Educational retreat activities that:
(A) Provide learning and educational curricula or programs relating to agricultural, cultural, wellness, or sustainable environmental practices; and
(B) Are conducted in conjunction with bona fide agricultural activities, including overnight accommodations for students, staff, and faculty of a durational period as needed to complete courses or terms of service;
provided that a special permit for the operation of the educational retreat activity is obtained pursuant to section 205-6.
For the purposes of this paragraph:
"Bona fide agricultural activity" means a farming operation as defined in section 165-2.
"Educational retreat" means a remote rural farm campus that provides instructional programs such as nature, culture, wellness, and sustainable living experiences in the spirit of ohana and aloha to resident students, staff, faculty, and local communities; and provides curricula and facilities supportive of agricultural food production, sustainable living practices, and sustainable human ecology;
[(13)] (14) Open area recreational
facilities;
[[(14)]] (15) Geothermal resources
exploration and geothermal resources development, as defined under section
182-1; and
[[(15)]] (16) 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. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) 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 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 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) Educational retreat activities that:
(A) Provide learning and educational curricula or programs relating to agricultural, cultural, wellness, or sustainable environmental practices; and
(B) Are conducted in conjunction with bona fide agricultural activities, including overnight accommodations for students, staff, and faculty of a durational period as needed to complete courses or terms of service;
provided that a special permit for the operation of the educational retreat activity is obtained pursuant to section 205-6.
For the purposes of this paragraph:
"Bona fide agricultural activity" means a farming operation as defined in section 165-2.
"Educational retreat" means a remote rural farm campus that provides instructional programs such as nature, culture, wellness, and sustainable living experiences in the spirit of ohana and aloha to resident students, staff, faculty, and local communities; and provides curricula and facilities supportive of agricultural food production, sustainable living practices, and sustainable human ecology;
[(15)] (16) 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)] (17) 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 biofuel 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)] (18)
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)] (19) 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)] (20) 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)] (21) 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)]] (22) Geothermal resources
exploration and geothermal resources development, as defined under section 182‑1."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Agricultural Land Use; Agricultural Tourism; Educational Retreat
Description:
Deletes the limitation of agricultural tourism as a permissible use of agricultural land to only counties with not less than 3 islands. Establishes educational retreats as a permissible use within agricultural districts.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
