Bill Text: HI HB2146 | 2024 | Regular Session | Amended
Bill Title: Relating To Agricultural Tourism.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2024-03-07 - Referred to WTL/EET, WAM. [HB2146 Detail]
Download: Hawaii-2024-HB2146-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2146 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURAL TOURISM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§205- Agricultural tourism. (a) Agricultural tourism may be conducted on a
farming operation, as defined in section 165-2, for the enjoyment,
education, or involvement of visitors.
(b) Agricultural tourism activities:
(1) Shall be accessory and secondary to
the principal agricultural use;
(2) Shall coexist with an agricultural
activity conducted on a farming operation; and
(3) Shall not interfere with surrounding
farm operations.
(c) Revenue from all agricultural tourism
activities on a farming operation shall not exceed revenue from the agricultural
activity conducted on the farming operation.
(d) Agricultural tourism activities
may include overnight accommodations of twenty-one days or less; provided that
no person shall stay in overnight accommodations included with agricultural
tourism activities for longer than twenty-one days in total within one county
during any one-year period.
(e) The commission shall adopt rules under
chapter 91 governing agricultural tourism and agricultural tourism
activities. The purpose of the rules
shall be to establish uniform requirements for agricultural
tourism and agricultural tourism activities throughout the State,
promote agriculture, and address community concerns. At a minimum, the rules shall establish:
(1) Requirements for access to a farm,
including road width, road surface, and parking;
(2) Requirements and restrictions for
accessory facilities connected with the farming operation, such as gift shops
and restaurants;
(3) Activities for visitors that may be
offered by the farming operation;
(4) Days and hours of operation; and
(5) Automatic termination of authorization
for agricultural tourism activities at a farming operation upon the cessation
of the agricultural activity there.
(f) Each county may require completion of an
environmental assessment under chapter 343 before authorizing any agricultural
tourism activity at a farming operation."
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) 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;] pursuant
to section 205- ;
(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;] pursuant to
section 205- ;
(13) Open area recreational facilities;
(14) Geothermal resources exploration and
geothermal resources development, as defined under section 182-1;
(15) Agricultural-based
commercial operations 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;
(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;
(C) A retail food establishment owned and operated by a producer and permitted under chapter 11-50, Hawaii administrative rules, 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;
(D) A farmers' market, which is an outdoor market limited to producers selling agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; and
(E) A food hub, which is a facility that may contain a commercial kitchen and provides for the storage, processing, distribution, and sale of agricultural 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;
(16) Hydroelectric facilities as described in section 205‑4.5(a)(23); and
(17) Composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species.
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 and for solar energy facilities, class B or C, 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 accessory to 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;] pursuant to section 205- ;
(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;] pursuant
to section 205- ;
(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 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) 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, including small wireless facilities; 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 "small wireless facilities"
shall have the same meaning as in section 206N-2; 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 paragraph, "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 or for which a special use permit is granted pursuant to section 205‑6; 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;
(21) Solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating B or C for which a special use permit is granted pursuant to section 205-6; provided that:
(A) The area occupied by the solar energy facilities is also made available for compatible agricultural activities at a lease rate that is at least fifty per cent below the fair market rent for comparable properties;
(B) Proof of financial security to decommission the facility is provided to the satisfaction of the appropriate county planning commission prior to date of commencement of commercial generation; and
(C) Solar energy facilities shall be decommissioned at the owner's expense according to the following requirements:
(i) Removal of all equipment related to the solar energy facility within twelve months of the conclusion of operation or useful life; and
(ii) Restoration of the disturbed earth to substantially the same physical condition as existed prior to the development of the solar energy facility.
For the purposes of this paragraph, "agricultural activities" means the activities described in paragraphs (1) to (3);
(22) Geothermal resources exploration and
geothermal resources development, as defined under section 182-1;
(23) Hydroelectric facilities, including the appurtenances associated with the production and transmission of hydroelectric energy, subject to section 205-2; provided that the hydroelectric facilities and their appurtenances:
(A) Shall consist of a small hydropower facility as defined by the United States Department of Energy, including:
(i) Impoundment facilities using a dam to store water in a reservoir;
(ii) A diversion or run-of-river facility that channels a portion of a river through a canal or channel; and
(iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at higher elevation from a reservoir at a lower elevation to be released to turn a turbine to generate electricity;
(B) Comply with the state water code, chapter 174C;
(C) Shall, if over five hundred kilowatts
in hydroelectric generating capacity, have the approval of the commission on
water resource management, including a new instream flow standard established
for any new hydroelectric facility; and
(D) Do not impact or impede the use of
agricultural land or the availability of surface or ground water for all uses
on all parcels that are served by the ground water sources or streams for which
hydroelectric facilities are considered; or
(24) Notwithstanding any other law to the contrary, composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species."
SECTION 4. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Within agricultural districts, uses
compatible to the activities described in section 205‑2 as determined by
the commission shall be permitted; provided that accessory agricultural uses
and services described in sections 205‑2 and 205‑4.5 may be further
defined by each county by zoning ordinance.
[Each county shall adopt ordinances setting forth procedures and
requirements, including provisions for enforcement, penalties, and
administrative oversight, for the review and permitting of agricultural tourism
uses and activities as an accessory use on a working farm, or farming operation
as defined in section 165‑2.
Ordinances shall include but not be limited to:
(1) Requirements for access to a farm,
including road width, road surface, and parking;
(2) Requirements and restrictions for
accessory facilities connected with the farming operation, including gift shops
and restaurants;
(3) Activities that may be offered by
the farming operation for visitors;
(4) Days and hours of operation; and
(5) Automatic termination of the
accessory use upon the cessation of the farming operation.
Each
county may require an environmental assessment under chapter 343 as a condition
to any agricultural tourism use and activity.] Other uses may be allowed by special permits
issued pursuant to this chapter. The
minimum lot size in agricultural districts shall be determined by each county
by zoning ordinance, subdivision ordinance, or other lawful means; provided
that the minimum lot size for any agricultural use shall not be less than one
acre, except as provided herein. If the
county finds that unreasonable economic hardship to the owner or lessee of land
cannot otherwise be prevented or where land utilization is improved, the county
may allow lot sizes of less than the minimum lot size as specified by law for
lots created by a consolidation of existing lots within an agricultural
district and the resubdivision thereof; provided that the consolidation and
resubdivision do not result in an increase in the number of lots over the
number existing prior to consolidation; and provided further that in no event
shall a lot which is equal to or exceeds the minimum lot size of one acre be
less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less
than the minimum lot size as specified by law for lots created or used for
plantation community subdivisions as defined in section 205‑4.5(a)(12),
for public, private, and quasi-public utility purposes, and for lots resulting
from the subdivision of abandoned roadways and railroad easements."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Agricultural Tourism; Land Use Commission; Uniform Statewide Standards
Description:
Makes state agricultural tourism requirements applicable to all counties, instead of only counties that have adopted an agricultural tourism ordinance. Requires Land Use Commission to adopt rules that establish requirements applicable to all farms implementing agricultural tourism. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
