Bill Text: HI HR123 | 2015 | Regular Session | Amended
Bill Title: Agricultural-Based Commerce Activities Task Force
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2015-04-09 - Resolution adopted in final form. [HR123 Detail]
Download: Hawaii-2015-HR123-Amended.html
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HOUSE OF REPRESENTATIVES |
H.R. NO. |
123 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE
RESOLUTION
REQUESTING THE DEPARTMENT OF AGRICULTURE TO CONVENE A TASK FORCE TO CLARIFY AND COORDINATE AGRICULTURAL-BASED COMMERCE SUPPORT OF BONA-FIDE FARMING OPERATIONS ACROSS THE STATE.
WHEREAS, agricultural-based commercial operations are a critical component to economic viability of Hawaii's farming operations, being an especially important tool for small farmers to directly market their products and continue farming; and
WHEREAS, the Legislature intends to support our farmers' ability to improve their economic feasibility, and thus continue to farm, with expressly permissible uses of agricultural commerce related to Hawaiian-grown products; and
WHEREAS Act 113, Session Laws of Hawaii 2012, created specific state authorization to agricultural-based commercial operations to prevent undue restrictions on agricultural-based commercial operation; and
WHEREAS, agricultural-based commercial operations are specifically authorized in section 205-2(15), Hawaii Revised Statutes, with bona-fide farming operation provisions as provided in section 165-2, intended to be implemented by the Land Use Commission, which has not created any rules to give effect to this law, and is by default delegating all implementing regulations to the various counties, effectively requiring farmers to navigate and comply with numerous planning and permitting provisions of the counties; and
WHEREAS, the Legislature respects the importance of "county home rule" and defers to county governments to develop appropriate county ordinances giving effect to our state laws while balancing their communities' concerns and citizens' needs; and
WHEREAS, the Legislature does not intend to remove regulatory authority from the counties, yet does intend to clearly communicate the intent of its legislation to give effect to the important purpose of supporting our farmers; and
WHEREAS, small farmers continue to struggle with developing agricultural-based commerce operations because of difficulties navigating their various cumbersome county ordinances, which are perceived as excessively burdensome and hindering economic opportunities of agricultural commerce activities connected with bona fide farming operations, and crippling the Legislature's intent of supporting agricultural commerce with the purpose of Act 113; and
WHEREAS, the Department of Agriculture is most appropriate to lead a mission to stimulate agricultural commerce opportunities, directly supporting the sustainability of agriculture in Hawaii, by assessing the current burdens on agricultural commerce through the various county ordinances and engaging the counties in discussion to identify opportunities to decrease the procedural burdens on small farmers, and develop outreach to communicate effective resources to support farmers accessing agricultural; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that the Department of Agriculture is requested to engage the counties in a task force to:
(1) Review individual county requirements for farmers wishing to engage in agricultural-based commerce activities of section 205-2(15);
(2) Identify opportunities to reduce any unnecessary burdens of excessive permitting requirements for agricultural-based commerce activities; and
(3) Develop strategies to assist farmers in the county approval process for agricultural commerce activities; and
BE IT FURTHER RESOLVED that the task force is requested to include the following persons or their designated representatives:
(1) The Board of Agriculture, with the Chairperson of the Board of Agriculture requested to serve as Chairperson of the task force;
(2) One representative each from the College of Tropical Agriculture and Human Resources and the Economic Research Organization of the University of Hawaii;
(3) One representative each from the Planning Departments of the Counties of Hawaii, Maui, and Kauai and the Department of Planning and Permitting of the City and County of Honolulu;
(4) One representative each from the Offices of Economic Development of the City and County of Honolulu, County of Maui, and County of Kauai, and the Department of Research and Development of the County of Hawaii;
(5) One representative from the Hawaii Farmer's Union;
(6) One representative from the Hawaii Farm Bureau Federation; and
(7) One small farmer representative from each island, appointed by the Board of Agriculture.
BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendations, including any proposed legislation, in a report to the Governor and the Legislature twenty days prior to the convening of the Regular Session of 2016; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Agriculture; the Dean of the College of Tropical Agriculture and Human Resources and the Project Manager of the Economic Research Organization of the University of Hawaii; the Directors of Planning of the Counties of Hawaii, Maui, and Kauai; the Director of Planning and Permitting of the City and County of Honolulu; the Director of Economic Development of the City and County of Honolulu; The Coordinator of Economic Development of the County of Maui; the Director of Development of the County of Kauai; the Director of Research and Development of the County of Hawaii; the Executive Director of the Hawaii Farmer's Union; and the Executive Director of the Hawaii Farm Bureau Federation.
Agricultural-Based Commerce Activities Task Force
