Bill Text: HI SB2241 | 2014 | Regular Session | Introduced
Bill Title: Agricultural Lands; Taro Land Protection
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2014-04-24 - Conference committee meeting to reconvene on 04-25-14 9:45AM in conference room 224. [SB2241 Detail]
Download: Hawaii-2014-SB2241-Introduced.html
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THE SENATE |
S.B. NO. |
2241 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the protection of taro.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 205-41, Hawaii Revised Statutes, states that there is a compelling interest in preserving agricultural lands. Protecting such resources for Hawaii's future food security on public, as well as private, lands is in strong alignment with Governor Abercrombie's 2010 A New Day in Hawaii plan for food and agriculture. The legislature also finds that the taro security and purity task force established under Act 211, Session Laws of Hawaii 2008, reported to the legislature in the 2010 legislative report E ola hou ke kalo; ho‘i hou ka ‘āina lē‘ia: The taro lives; abundance returns to the land and recommended improved protections for taro growing lands, including lo‘i (wet fields and terraces), mala (dry fields and terraces), kuauna or paepae pohaku (stone walls), and ‘auwai (irrigation ditches). The taro task force found that these key structural elements for viable wetland taro production were being destroyed, severed, and built upon by private and public development because of gaps in land use, historic preservation, and planning laws and policies.
The purpose of this Act is to improve protections for wetland taro lands (lo‘i kalo) and ancient agricultural structures 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, ancient wetland taro lands, or 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; and
(5) Lands and infrastructures used or to be used for wetland taro-growing, including ancient wetland taro lands and structural elements of ancient taro-growing systems;
provided that portions of the lands mentioned under (1), (2), (3), and (4) of this section, 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. 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:
Agricultural Lands; Taro Land Protection
Description:
Includes taro lands and taro-growing structures as special agricultural lands to be protected from development.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
