Bill Text: HI SB3019 | 2020 | Regular Session | Introduced
Bill Title: Relating To Traditional Hawaiian Practices.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-02-11 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB3019 Detail]
Download: Hawaii-2020-SB3019-Introduced.html
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THE SENATE |
S.B. NO. |
3019 |
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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 in 2015, the State enacted Act 31 which encouraged, as agricultural objectives of the State, the growth and development of traditional Hawaiian farming systems and traditional Hawaiian crops, as well as the growth and development of small-scale farms. Under Act 31 (2015), the legislature found that Hawaii's traditional farming systems, such as loko ia (fishponds), māla (cultivated gardens), and loi (irrigated patches), were important agricultural technologies that once sustained a thriving and robust island community.
The legislature further found that
these traditional Hawaiian farming systems still play a critical role in Hawaii and should be encouraged
to promote greater self-sufficiency, crop diversity,
and food security. Moreover, traditional
Hawaiian crops like kalo, uala
(sweet potato), limu (various seaweeds), awa,
hōio (large native fern), and olena (turmeric) that were
cultivated using these traditional Hawaiian farming techniques continue to be
important agricultural products for food, medicine, and cultural practices
today. Supporting traditional Hawaiian farming systems
is critical towards helping the State achieve food security and increasing
domestic production of a local food supply.
The legislature further finds that traditional farming and the native Hawaiian culture generally play a vital role in preserving and advancing the quality of life and cultural vitality of Hawaii. Additionally, the rights of native Hawaiians are codified in articles IX and XII of the Constitution of the State of Hawaii, as well as other state laws and judicial decisions.
The legislature further finds
that the State of Hawaii 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 amend section 183C-4, Hawaii Revised Statutes, to expressly protect the
traditional and customary rights of native Hawaiians and support traditional
Hawaiian farming traditions and encourage the efficient use of conservations
lands for food production.
SECTION 2. Section 183C-4, Hawaii Revised Statutes, is amended to read as follows:
"§183C-4 Zoning; amendments. (a) The department, after notice and hearing as provided in this section, shall review and redefine the boundaries of the zones within the conservation district.
(b) The department shall adopt rules governing the use of land within the boundaries of the conservation district that are consistent with the conservation of necessary forest growth, the conservation and development of land and natural resources adequate for present and future needs, and the conservation and preservation of open space areas for public use and enjoyment. No use except a nonconforming use as defined in section 183C-5, shall be made within the conservation district unless the use is in accordance with a zoning rule.
(c) The department may allow a temporary variance from zoned use where good cause is shown and where the proposed temporary variance is for a use determined by the department to be in accordance with good conservation practices.
(d) The department shall establish zones within the conservation district, which shall be restricted to certain uses. The department, by rules, may specify the land uses permitted therein which may include, but are not limited to, farming, flower gardening, operation of nurseries or orchards, growth of commercial timber, grazing, recreational or hunting pursuits, or residential use. The rules may control the extent, manner, and times of the uses, and may specifically prohibit unlimited cutting of forest growth, soil mining, or other activities detrimental to good conservation practices.
(e) Notwithstanding this section or any other law to the contrary, geothermal resources exploration and geothermal resources development, as defined under section 182-1, shall be permissible uses in all zones of the conservation district. The rules required under subsection (b) governing the use of land within the boundaries of the conservation district shall be deemed to include the provisions of this section without necessity of formal adoption by the department.
(f) Whenever any landowner or government agency whose property will be directly affected makes an application to change the boundaries or land uses of any zone, or to establish a zone with certain land uses, or where the department proposes to make the change or changes itself, the change or changes shall be put in the form of a proposed rule by the applicant and the department shall then give public notice thereof during three successive weeks statewide and in the county in which the property is located. The notice shall be given not less than thirty days prior to the date set for the hearing, and shall state the time and place of the hearing and the changes proposed. Any proposed rules and the necessary maps shall be made available for inspection by interested members of the public. The hearing shall be held in the county in which the land is located and may be delegated to an agent or representative of the board as may otherwise be provided by law and in accordance with rules adopted by the board. For the purpose of its public hearing or hearings, the board may summon witnesses, administer oaths, and require the giving of testimony.
(g) Notwithstanding this section of any other law
to the contrary, traditional Hawaiian farming systems, such as the use of loko
ia, māla,
and irrigated loi,
and growth of traditional Hawaiian crops, such as kalo, uala, and ulu, as identified under
section 226-7, shall be permissible uses in all zones of the conservation
district. The rules required under
subsection (b) governing the use of land within the boundaries of the
conservation district shall be deemed to include the provisions of this section
without necessity of formal adoption by the department.
(h) A legal landowner or lessee shall be permitted to build a single "tiny home", defined as a dwelling unit with less than five hundred square feet of interior living space that is either stationary or mobile, in association with activities covered under part (g), provided the unit shall have a water source and a sewage disposal system that comply with all applicable laws, ordinances, and rules."
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:
Agriculture; Native Hawaiians; Traditional Farming
Description:
Allows traditional Hawaiian farming systems, traditional Hawaiian crops, and small-scale farming on lands designated as conservation districts.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
