Bill Text: HI HB2190 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Right To Garden.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced) 2024-01-24 - Referred to WAL/CPC, JHA, referral sheet 2 [HB2190 Detail]
Download: Hawaii-2024-HB2190-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2190 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the right to garden.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the 2023 Maui wildfires interrupted food supply chains for the island. The legislature notes that growing one's own food is a fundamental right under the First and Fourteenth Amendments to the United States Constitution and sections 4, 5, and 21 of article I of the Constitution of the State of Hawaii. The legislature believes that authorizing residents to grow their own food will increase Hawaii's resident population and food resiliency while mitigating the negative effects of future catastrophic events.
The legislature also finds that, according to the Lahaina Wildfire interim Working Group, as "a geographically isolated state with a limited local food supply and reliance upon imports . . . , Hawai`i is particularly susceptible to food insecurity following a disaster event." The working group recommended that, because disaster events may lead to an increased reliance on food assistance programs and the severity of food insecurity, statutorily authorizing home gardens will improve Hawaii's food security. Nevertheless, many homeowners' associations and associations of apartment owners prohibit or severely restrict resident gardening practices.
Accordingly, the purpose of this Act is to authorize the cultivation of vegetable gardens on properties within condominiums and planned community associations.
SECTION 2. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§514B- Right to garden. (a) Notwithstanding any law to the
contrary, no provision in any articles
of incorporation, declaration, bylaws, administrative rules, house rules, or
association documents of a condominium shall prohibit any person from
cultivating, or restrict any person's ability to cultivate, one or more
vegetable gardens within a unit that is rented, owned, or leased by the person
under this chapter; provided that:
(1) No person shall
cultivate any vegetable garden in a unit that is owned by another without the
consent of the unit owner; provided further that the unit owner may withdraw
this consent at any time;
(2) No vegetable
garden shall:
(A) Be
cultivated in a common element; or
(B) Abut
any building in the condominium; and
(3) If the unit is owned
by another, the unit owner may impose restrictions on water use
and the types of plants to be cultivated, including prohibiting invasive or
destructive plants.
(b)
Nothing in this section shall be construed as prohibiting the enactment
of a county ordinance or regulation addressing water use during droughts,
fertilizer use, or the control of invasive species."
SECTION 3. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Right to garden. (a) Notwithstanding any law to the
contrary, no provision in any association
documents shall prohibit any person from cultivating, or restrict any person's
ability to cultivate, one or more vegetable gardens within a unit that is
rented, owned, or leased by the person under this chapter; provided that:
(1) No person shall
cultivate any vegetable garden in a unit that is owned by another without the
consent of the unit owner; provided further that the unit owner may withdraw
this consent at any time;
(2) No vegetable
garden shall:
(A) Be
cultivated in a common area; or
(B) Abut
any building in the planned community; and
(3) If the unit is owned
by another, the unit owner may impose restrictions on water use
and the types of plants to be cultivated, including prohibiting invasive or destructive
plants.
(b)
Nothing in this section shall be construed as prohibiting the enactment
of a county ordinance or regulation addressing water use during droughts,
fertilizer use, or the control of invasive species."
SECTION 4. 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:
Food Security; Right to Garden; Condominiums; Planned Community Associations; Homeowners' Associations; Residential Properties
Description:
Prohibits any articles of incorporation, declaration, bylaws, administrative rules, house rules, or association documents of a condominium property regime, planned community association, or homeowners' association from prohibiting or restricting the cultivation of vegetable gardens within any of its units.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
