Bill Text: HI SB1269 | 2014 | Regular Session | Introduced
Bill Title: Taro; Land; Protection
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2014-01-16 - Re-Referred to AGL/HWN/WTL, WAM. [SB1269 Detail]
Download: Hawaii-2014-SB1269-Introduced.html
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THE SENATE |
S.B. NO. |
1269 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to THE PROTECTION OF TARO-GROWING SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that as the highest yielding local starch crop in the State, taro plays a critical role in Hawaii's current and future food self-sufficiency. Oahu retains the smallest remaining acreage in productive and fallow taro lands in the State due to the intensity of development and urbanization, much of which has occurred at the expense of good taro lands.
In 2010, the taro security and purity task force, established under Act 211, Session Laws of Hawaii 2008, reported to the legislature that ancient taro lands and agricultural field structures, including lo‘i (wet fields and terraces), mala (dry fields and terraces), kuauna or paepae pohaku (stone walls), and ‘auwai (irrigation ditches), which form the key structural elements for viable taro production, were being destroyed, built upon and severed by private and public development due to gaps in existing state land use, historic preservation, and planning laws and policies.
The legislature further finds that language that supports prime and diversified agriculture is insufficient to protect taro lands for future use. Existing state and county incentives also failed to encourage state or private landowner protection and rehabilitation, specifically for ancient taro infrastructures or taro lands in general on Oahu.
The purpose of this Act is to improve protections for taro lands and ancient Hawaiian agricultural structures on Oahu on state owned or acquired lands.
SECTION 2. Section 206-7, Hawaii Revised Statutes, is amended to read as follows:
"§206-7 Property which shall not be acquired for development projects. In declaring development areas, and acquiring land therein, the board of land and natural resources shall avoid disturbing existing uses which are in accord with the highest use permitted under any existing zoning ordinance in the political subdivision concerned. The board shall not disturb existing taro-growing systems and ancient taro lands and structural elements of ancient taro-growing systems.
The board shall not acquire for development projects:
(1) Lands already developed and improved as business or industrial areas where use of the lands for residential purposes or as a part of a development project would be economically unsound or where an undue hardship would be suffered by the community through loss of service because of the acquisition;
(2) Lands already in use for residential purposes by the owner thereof or by a lessee holding a lease with an original term of twenty years or more, except where the acquisition of parts of the lands is reasonably necessary for the proper development of a project, but in no case shall any part of the lands be taken where the taking will reduce the parcel to less than three acres in extent;
(3) Lands in the process of subdivision and development where the owner or the owner's agent has provided that at least fifty per cent of the lots to be sold shall be sold in fee simple, prepared subdivision and construction plans, arranged for financing, and applied to government agencies and otherwise taken such steps as may be appropriate for the construction of the proposed development in good faith and filed an affidavit with the board to that effect;
(4) Lands used or to be used as sites for churches, private or parochial schools, clubs, meeting houses, other private uses of a community, civic, social, or religious nature; or
(5) Lands and infrastructures used or to be used for taro growing, including ancient taro lands and structural elements of ancient taro-growing systems;
provided that portions of the lands mentioned under paragraphs
(1)[, (2), (3), and (4) of this section,] to (5), or interests
therein, may be taken to provide access and utility easements where no other
reasonable means of access or utility easements are available.
In acquiring agricultural land for a development project, where the land though used for agricultural purposes is not being used in accord with the highest use permitted under any existing zoning ordinance, the board shall exercise all reasonable care not to jeopardize the agricultural enterprise concerned. If, however, the board finds that the land is necessary for a development project, it may provide assistance, monetary or otherwise, in relocating the enterprise elsewhere or pay such damages to the owner or operator of such enterprise as will reasonably compensate the owner or operator for the owner's or operator's loss, if the owner or operator has not already been so compensated under a lease agreement, or both."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Taro; Land; Protection
Description:
Protects existing and ancient taro-growing systems and lands from being acquired for development projects.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
