Bill Text: HI SB3018 | 2020 | Regular Session | Introduced
Bill Title: Relating To Traditional Hawaiian Practices.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-02-05 - Report adopted; Passed Second Reading and referred to JDC. [SB3018 Detail]
Download: Hawaii-2020-SB3018-Introduced.html
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THE SENATE |
S.B. NO. |
3018 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to traditional HAWAIIAN practices.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that native Hawaiians have been farming on lands throughout the Hawaiian islands for nearly two thousand years. They have done so successfully and without creating adverse impacts to the land and ahupua‘a in which they operated. Traditional farming and the native Hawaiian culture generally play a vital role in preserving and advancing the quality of life and cultural vitality of Hawai‘i. Additionally, the rights of native Hawaiians are codified in articles IX and XII of the Hawaii State Constitution, as well as other state laws and judicial decisions.
The legislature further finds that supporting traditional farming is critical towards helping the State achieve food security and increasing domestic production of a local food supply. The State has an affirmative obligation to ensure that its regulatory actions do not adversely impact the constitutionally protected rights of native Hawaiians.
The purpose of this Act is to:
(2) Exempt the traditional and customary practice of kalo farming on kuleana lands by native Hawaiians from the requisite permit for construction or alteration of a stream diversion works.
SECTION 2. Section 174C-48, Hawaii Revised Statutes, is amended to read as follows:
"[[]§174C-48[]] Permits required. (a) No
person shall make any withdrawal, diversion, impoundment, or consumptive use of
water in any designated water management area without first obtaining a permit
from the commission. However, no permit
shall be required for domestic consumption of water by individual users, and no
permit shall be required for the use of a catchment system to gather
water. An existing use in newly
designated areas may be continued until such time as the commission has acted
upon the application subject to compliance with section 174C-51.
(b) In its regulation of water resources in designated water management areas, the commission shall delegate to the county boards of water supply the authority to allocate the use of water for municipal purposes, subject to the limits of water supply allocated to the county boards of water supply in their role as water purveyors.
(c) No permit shall be required for native Hawaiians conducting the traditional and customary practice of kalo (Colocasia esculenta) farming of kuleana lands."
SECTION 3. Section 174C-93, Hawaii Revised Statutes, is amended to read as follows:
"[[]§174C-93[]] Permits for construction or alteration. (a) No person shall construct or alter a stream
diversion works, other than in the course of normal maintenance, without first
obtaining a permit from the commission.
The commission may impose such reasonable conditions as are necessary to
assure that the construction or alteration of such stream diversion works will
not be inconsistent with the general plan and land use policies of the State
and the affected county. Nothing in this
section shall be construed to be inconsistent with part IV.
A person proposing to construct or alter a stream diversion work shall apply to the commission for a permit authorizing such construction or alteration. The application shall contain the following:
(1) Name and address of the applicant;
(2) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land;
(3) Location of the work;
(4) Engineering drawings showing the detailed plans of construction;
(5) Detailed specifications of construction;
(6) Name and address of the person who prepared the plans and specifications for construction;
(7) Name and address of the person who will construct the proposed work;
(8) General purpose of the proposed work; and
(9) Such other information as the commission may require.
(b) No permit shall be required for native Hawaiians conducting the traditional and customary practice of kalo (Colocasia esculenta) farming on kuleana lands."
SECTION 4. Statutory material to be repealed is bracketed and stricken. 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:
Kalo; Farming; Native Hawaiians; Water; Permit; Exempt
Description:
Exempts
the traditional and customary practice of kalo farming on kuleana lands by
native Hawaiians from the requisite permit for withdrawal, diversion,
impoundment, or consumptive use of water. Exempts the traditional and customary practice
of kalo farming on kuleana lands by native Hawaiians from the requisite permit
for construction or alteration of a stream diversion works.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
