Bill Text: HI SB337 | 2022 | Regular Session | Amended
Bill Title: Relating To Sustainable Agriculture.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB337 Detail]
Download: Hawaii-2022-SB337-Amended.html
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THE SENATE |
S.B. NO. |
337 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SUSTAINABLE AGRICULTURE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the use of cover crops, green manure, and compost increases agricultural productivity and aligns with the State's integrated sustainability goals. Plants used for this purpose, including grasses, legumes, and forbs, add nutrients to the soil, act as windbreaks, assist with water retention, provide habitats for beneficial insects, and help to prevent soil erosion.
The legislature further finds that it is in the interest of the State to incentivize the use of management practices that enhance the quality and sustainability of Hawaii's agricultural lands.
Accordingly, the purpose of this Act is to establish and appropriate moneys for a cover crop reimbursement pilot program to reimburse farming operations in the State for the costs of acquiring cover crop seeds, green manure, or compost.
SECTION 2. (a) The department of agriculture shall establish and implement a three-year cover crop reimbursement pilot program to reimburse farming operations in the State for the costs of acquiring cover crop seeds, green manure, or compost.
(b) Applications for cost reimbursements shall be submitted on a form furnished by the department of agriculture and shall be accompanied by documentation of the costs of purchase, pursuant to subsection (c); provided that:
(1) The applicant shall indemnify and hold harmless the State and its officers, agents, and employees from all claims arising out of or resulting from the cover crop seeds, green manure, or compost purchased; and
(2) The department of agriculture may request that an applicant provide additional information for the purposes of verifying the volume of cover crop seeds, green manure, or compost purchased.
(c) Applications for reimbursement under the cover crop reimbursement pilot program shall be filed for seeds purchased within the fiscal year immediately preceding the filing and be effective for costs of purchasing cover crop seeds, green manure, or compost incurred after June 30, 2021, and before July 1, 2024. The documentation shall include a certification that the amount for which the applicant seeks reimbursement is not already covered by other governmental cover crop incentive programs, including the United States Department of Agriculture, Natural Resources Conservation Service's environmental quality incentives program or the conservation stewardship program.
(d) Upon approval, funds shall be disbursed upon approval on an annual basis by the department of agriculture to the farmer or rancher for up to seventy-five per cent of the costs incurred for cover crop seeds, green manure, or compost purchased after June 30, 2021, and before July 1, 2024.
(e) The department of agriculture shall convene a review panel comprising knowledgeable representatives from the department of agriculture, university of Hawaii college of tropical agriculture and human resources, and industry organizations to screen and rate applicants on the quality and appropriate use of their cover crops and green manure and composting practices. The department shall aggregate the total reimbursement applications pursuant to this section and distribute the available moneys on a ranking scale from highest to lowest as determined by the review panel.
(f) There is established within the department of agriculture a cover crop reimbursement pilot program manager position, which shall be a full-time temporary position exempt from the requirements of chapters 76 and 89, Hawaii Revised Statutes. The cover crop reimbursement pilot program manager shall receive a salary not exceeding $50,000 per year. The cover crop reimbursement pilot program manager shall possess a requisite level of knowledge and expertise in the area of program management necessary to carry out the duties of the position. The cover crop reimbursement pilot program manager shall:
(1) Facilitate the division and distribution of available costs for reimbursement; and
(2) Manage the day-to-day coordination of the cover crop reimbursement pilot program.
(g) Any action taken by the department of agriculture pursuant to this section shall be exempt from the rulemaking requirements of chapter 91, Hawaii Revised Statutes.
(h) The department of agriculture shall submit an interim report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024 and a final report no later than twenty days prior to the convening of the regular session of 2025. The report shall include the department's recommendation on whether the pilot program should be extended, with or without modifications.
(i) As used in this section:
"Compost" means a product of a composting process.
"Compostable materials" includes pre- and post-consumer food waste, waste from animal food processing operations, green waste, crop residues, and waste from vegetable food processing operations and similar materials.
"Composting process" means a process in which organic compostable materials are biologically decomposed under controlled conditions to produce a stable humus-like mulch or soil amendment, and includes:
(1) Receipt of materials;
(2) Primary processing;
(3) Decomposition activities; and
(4) Final processing for sale and marketing.
"Cover crop" and "green manure" mean the plants listed in the cover crop and green manure database maintained by the university of Hawaii college of tropical agriculture and human resources.
"Farming operation" has the same meaning as in section 165‑2, Hawaii Revised Statutes.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the department of agriculture to establish, implement, and administer a cover crop reimbursement pilot program; provided that up to $ may be used for the pilot program's administrative costs.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Sustainable Agriculture; HDOA; Cover Crop Reimbursement Pilot Program; Appropriation
Description:
Establishes a cover crop reimbursement pilot program to provide up to 75% cost reimbursement to farming operations in the State for acquiring cover crop seeds, green manure, or compost. Requires the convening of a review panel to screen and rate applicants on the quality of their cover crop and green manure and composting practices. Establishes a cover crop reimbursement pilot program manager position within the department of agriculture to administer the program. Requires a report to the legislature. Appropriates funds. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
