Bill Text: HI HB2757 | 2016 | Regular Session | Introduced

---

Bill Title: Elderly Housing; Agricultural District; Class D or E

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-08 - The committee(s) on HSG recommend(s) that the measure be deferred. [HB2757 Detail]

Download: Hawaii-2016-HB2757-Introduced.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	2757
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to housing.

 

 

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

 

     SECTION 1.  The legislature finds that the percentage of Hawaii's residents aged sixty-five years or older was 15.9 per cent in 2012 and is projected to reach approximately twenty per cent by the year 2030.  The legislature further finds that many federal housing programs, recognizing the unique needs of our senior population, have provisions that are specifically designed to support persons who are over sixty-two years old.

     Many individuals transitioning into retirement have diminished income and are unable to meet the costs of maintaining their homes, causing many of them to downsize, sell their homes, and move into smaller rental apartments or other living accommodations.  According to the 2003 American Housing Survey sponsored by the United States Department of Housing and Urban Development, nearly one-third of elderly households were experiencing housing affordability problems.  In addition, many of Hawaii's senior citizens have left the State for places with lower living costs.

     The legislature further finds that to successfully provide for this burgeoning population, resources and services across every aspect of an elder's daily life must be planned for and supported, including the great need for elderly housing to promote an exceptional quality of life for an individual in his or her golden years.

     The legislature further finds that within our island state, the island of Oahu has the highest cost of housing—close to the highest in the nation.  In contrast, the neighbor islands have much lower housing costs, in large part due to the availability of inexpensive, fee-simple land.  For example, on the island of Hawaii there is a subdivision of approximately twelve thousand one-acre lots where a single lot may be purchased for as little as $10,000.  Further, much of the land on Hawaii island is unused or underutilized land that is classified as agricultural land, but arguably holds only limited or marginal agricultural value because of the terrain, including steepness of slopes, inadequate rainfall, poor soil, and problems with access and infrastructure.  It would be unlikely that an individual would be able to make a reasonable return on a land purchase in many of these areas.

     Recognizing the critical importance of the State's agricultural land, the legislature is committed to conserving and protecting agricultural lands, promoting diversified agriculture, increasing agricultural self-sufficiency, and assuring the availability of agriculturally suitable lands.  However, the legislature recognizes that there are areas throughout our State that are underutilized or not best suited for food production despite being classified as agricultural land.  For example, the island of Hawaii has many acres of agricultural lands classified as class D or E that may not be suitable for agricultural purposes.

     Allowing housing for the elderly on small farms situated on marginal agricultural lands offers an opportunity to provide rental income and a potential workforce to the farmer, while greatly benefitting the life of the kupuna.  Small houses, suitable for an older couple or individual, could both enhance the function of the farm while providing housing and the possibility of growing or raising food for the occupants of these dwellings.  Activities of gardening or farming, if engaged in by the occupants, could enhance physical and mental well-being, as well as provide food for the occupants and the surrounding community.  While such housing could be provided by special permit on a case-by-case basis, making these permissible uses on certain classes of agricultural land on the island of Hawaii could enhance the function of the State's agricultural land.

     The purpose of this Act is to encourage housing initiatives for the rapidly growing elderly population by including dwelling units and housing facilities for the elderly as a permissible use on agricultural lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class D or E.

     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), hydroelectric facilities in accordance with section 205-4.5(a)(23), 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[.]; and

    (16)  Dwelling units and housing facilities for the elderly; provided that the dwelling units or housing facilities shall be located solely on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class D or E.  For the purposes of this paragraph, "elderly" means a person or a person's spouse, reciprocal beneficiary, or civil union partner, who is a resident of the State and sixty-five years of age or older.

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

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Elderly Housing; Agricultural District; Class D or E

 

Description:

Allows dwelling units and housing facilities for the elderly on class D or E lands in the 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.