HOUSE OF REPRESENTATIVES |
H.B. NO. |
527 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agriculturAL lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that approximately eighty-five per cent of the State's food is imported. The legislature further finds that without increased production of locally grown foods, the State will grow increasingly vulnerable to natural disasters and other supply-chain disrupting events. The legislature believes that restricting the use of solar energy facilities on certain agricultural lands will facilitate the growth of the State's agricultural industry, increase local food production, and decrease the State's reliance on imported food.
Accordingly, the purpose of this measure is to prohibit certain solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B.
SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d)
Agricultural districts shall include:
(1) Activities
or uses as characterized by the cultivation of crops, crops for bioenergy,
orchards, forage, and forestry;
(2) Farming
activities or uses related to animal husbandry and game and fish propagation;
(3) Aquaculture,
which means the production of aquatic plant and animal life within ponds and
other bodies of water;
(4) Wind-generated
energy production for public, private, and commercial use;
(5) Biofuel
production, as described in section 205‑4.5(a)(16), for public, private,
and commercial use;
(6) Solar
energy facilities; provided that:
(A) This
paragraph shall apply only to land with soil classified
by the land study bureau's detailed land classification as overall (master)
productivity rating class [B,] C, D, or E; and
(B) Solar energy
facilities placed within land with soil classified as overall productivity
rating class [B or] C shall not occupy more than ten per cent of the
acreage of the parcel, or twenty acres of land, whichever is lesser, unless a
special use permit is granted pursuant to section 205-6;
(7) Bona
fide agricultural services and uses that support the agricultural activities of
the fee or leasehold owner of the property and accessory to any of the above
activities, regardless of whether conducted on the same premises as the agricultural
activities to which they are accessory, including farm dwellings as defined in
section 205-4.5(a)(4)[,]; employee housing[,]; farm
buildings[,]; mills[,]; storage facilities[,];
processing facilities[,]; photovoltaic, biogas, and other
small-scale renewable energy systems producing energy solely for use in the
agricultural activities of the fee or leasehold owner of the property[,];
agricultural-energy facilities as defined in section 205-4.5(a)(17)[,];
vehicle and equipment storage areas[,]; and plantation community
subdivisions as defined in section 205‑4.5(a)(12);
(8) Wind
machines and wind farms;
(9) Small-scale
meteorological, air quality, noise, and other scientific and environmental data
collection and monitoring facilities occupying less than one-half acre of land;
provided that these facilities shall not be used as or equipped for use as
living quarters or dwellings;
(10) Agricultural
parks;
(11) Agricultural
tourism conducted on a working farm, or a farming operation as defined in
section 165-2, for the enjoyment, education, or involvement of visitors;
provided that the agricultural tourism activity is accessory and secondary to
the principal agricultural use and does not interfere with surrounding farm
operations; and provided further that this paragraph shall apply only to a
county that has adopted ordinances regulating agricultural tourism under section
205-5;
(12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
(14) Geothermal
resources exploration and geothermal resources development, as defined under
section 182-1;
(15) Agricultural-based commercial operations
registered in Hawaii, including:
(A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;
(B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items;
(C) A retail food establishment owned and operated by a producer and permitted under chapter 11-50, Hawaii administrative rules, that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;
(D) A farmers' market, which is an outdoor market limited to producers selling agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; and
(E) A food hub, which is a facility that may contain a commercial kitchen and provides for the storage, processing, distribution, and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii.
The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph; and
(16) Hydroelectric
facilities as described in section [205‑4.5(a)(23).] 205-4.5(a)(22).
Agricultural
districts shall not include golf courses and golf driving ranges, except as
provided in section 205-4.5(d).
Agricultural districts include areas that are not used for, or that are
not suited to, agricultural and ancillary activities by reason of topography,
soils, and other related characteristics."
SECTION 3. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Within the agricultural district, all lands
with soil classified by the land study bureau's detailed land classification as
overall (master) productivity rating class A or B and for solar energy
facilities, class [B or] C, shall be restricted to the following permitted
uses:
(1) Cultivation of crops, including crops for bioenergy, flowers,
vegetables, foliage, fruits, forage, and timber;
(2) Game and fish propagation;
(3) Raising of livestock, including poultry, bees, fish, or other
animal or aquatic life that are propagated for economic or personal use;
(4) Farm dwellings, employee housing, farm buildings, or activities or uses
related to farming and animal husbandry.
"Farm dwelling", as used in this paragraph, means a
single-family dwelling located on and used in connection with a farm, including
clusters of single-family farm dwellings permitted within agricultural parks developed
by the State, or where agricultural activity provides income to the family occupying the dwelling;
(5) Public institutions and buildings that are necessary for
agricultural practices;
(6) Public and private open area types of recreational uses, including
day camps, picnic grounds, parks, and riding stables, but not including
dragstrips, airports, drive-in theaters, golf courses, golf driving ranges,
country clubs, and overnight camps;
(7) Public, private, and quasi-public utility lines and roadways, transformer stations, communications
equipment buildings, solid waste transfer stations, major water storage tanks,
and appurtenant small buildings such as booster pumping stations, but not
including offices or yards for equipment, material, vehicle storage, repair or
maintenance, treatment plants, corporation yards, or other similar structures;
(8) Retention, restoration, rehabilitation, or improvement of buildings
or sites of historic or scenic interest;
(9) Agricultural-based commercial operations as described in section
205-2(d)(15);
(10) Buildings and uses, including mills, storage, and processing facilities, maintenance
facilities, photovoltaic,
biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities
of the fee or leasehold owner of the property, and vehicle and equipment
storage areas that are normally considered directly accessory to the
above-mentioned uses and are permitted under section 205-2(d);
(11) Agricultural parks;
(12) Plantation community subdivisions, which as used in this chapter means
an established subdivision or cluster of employee housing, community buildings,
and agricultural support buildings on land currently or formerly owned, leased,
or operated by a sugar or pineapple plantation; provided that the existing
structures may be used or rehabilitated for use, and new employee housing and
agricultural support buildings may be allowed on land within the subdivision as
follows:
(A) The employee housing is occupied by employees
or former employees of the plantation who have a property interest in the land;
(B) The employee housing units not owned by their
occupants shall be rented or leased at affordable rates for agricultural
workers; or
(C) The agricultural support buildings shall be
rented or leased to agricultural business operators or agricultural support
services;
(13) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;
(14) Agricultural
tourism activities, including overnight accommodations of twenty-one
days or less, for any one stay within a county; provided that this paragraph shall apply only to a
county that includes at least three islands and has adopted ordinances
regulating agricultural tourism activities pursuant to section 205-5; provided
further that the agricultural tourism activities coexist with a bona fide
agricultural activity. For the purposes
of this paragraph, "bona fide agricultural activity" means a farming
operation as defined in section 165-2;
(15) Wind
energy facilities, including the appurtenances associated with the production
and transmission of wind generated energy; provided that the wind energy
facilities and appurtenances are compatible with agriculture uses and cause
minimal adverse impact on agricultural land;
(16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuel processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.
For the purposes of this paragraph:
"Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities.
"Biofuel processing
facility" means a facility that produces liquid or gaseous fuels from
organic sources such as biomass crops, agricultural residues, and oil crops,
including palm, canola, soybean, and waste cooking oils; grease; food wastes;
and animal residues and wastes that can be used to generate energy;
(17) Agricultural-energy facilities, including appurtenances necessary
for an agricultural-energy enterprise; provided that the primary activity of
the agricultural-energy enterprise is agricultural activity. To be considered the primary activity of an
agricultural-energy enterprise, the total acreage devoted to agricultural
activity shall be not less than ninety per cent of the total acreage of the
agricultural-energy enterprise. The
agricultural-energy facility shall be limited to lands owned, leased, licensed,
or operated by the entity conducting the agricultural activity.
As used in this
paragraph:
"Agricultural
activity" means any activity described in paragraphs (1) to (3) of this
subsection.
"Agricultural-energy
enterprise" means an enterprise that integrally incorporates an agricultural
activity with an agricultural-energy facility.
"Agricultural-energy
facility" means a facility that generates, stores, or distributes
renewable energy as defined in section 269-91 or renewable fuel including
electrical or thermal energy or liquid or gaseous fuels from products of
agricultural activities from agricultural lands located in the State.
"Appurtenances"
means operational infrastructure of the appropriate type and scale for the
economic commercial generation, storage, distribution, and other similar handling
of energy, including equipment, feedstock, fuels, and other products of
agricultural-energy facilities;
(18) Construction and operation of wireless communication antennas, including
small wireless facilities; provided that, for the purposes of this paragraph,
"wireless communication antenna" means communications equipment that
is either freestanding or placed upon or attached to an already existing
structure and that transmits and receives electromagnetic radio signals used in
the provision of all types of wireless communications services; provided further that "small wireless
facilities" shall have the same meaning as in section 206N-2; provided
further that nothing in this paragraph shall be construed to permit the
construction of any new structure that is not deemed a permitted use under this
subsection;
(19) Agricultural
education programs conducted on a farming operation as defined in section
165-2, for the education and participation of the general public; provided that
the agricultural education programs are accessory and secondary to the
principal agricultural use of the parcels or lots on which the agricultural
education programs are to occur and do not interfere with surrounding farm
operations. For the purposes of this paragraph,
"agricultural education programs" means activities or events designed
to promote knowledge and understanding of agricultural activities and practices
conducted on a farming operation as defined in section 165-2;
(20) Solar
energy facilities on lands with soil classified by the land study bureau's
detailed land classification as overall (master) productivity rating class C
that do not occupy more than ten per cent of the acreage of the parcel, or
twenty acres of land, whichever is lesser or for which a special use permit is
granted pursuant to section 205-6; provided
that [this use], except for those photovoltaic and other small-scale renewable
energy systems described in paragraph (10), no solar energy facilities
shall [not] be permitted on lands with soil classified by the land
study bureau's detailed land classification as overall (master) productivity
rating class A[;
(21) Solar] or
B; provided further that the following shall apply to all solar energy
facilities [on lands with soil classified by the land study bureau's
detailed land classification as overall (master) productivity rating B or C]
for which a special use permit is granted pursuant to section 205-6[;
provided that]:
(A) The area occupied
by the solar energy facilities [is] shall also made available for
compatible agricultural activities at a lease rate that is at least fifty per
cent below the fair market rent for comparable properties;
(B) Proof of financial
security to decommission the facility [is] shall be provided to
the satisfaction of the appropriate county planning commission prior to date of
commencement of commercial generation; and
(C) Solar energy facilities shall be decommissioned at the owner's expense according to the following requirements:
(i) Removal of all equipment related to the solar energy facility within twelve months of the conclusion of operation or useful life; and
(ii) Restoration of the disturbed earth to substantially the same physical condition as existed prior to the development of the solar energy facility.
For the purposes of this paragraph, "agricultural activities" means the activities described in paragraphs (1) to (3);
[(22)] (21) Geothermal resources exploration and
geothermal resources development, as defined under section 182‑1; or
[(23)] (22) Hydroelectric facilities, including the
appurtenances associated with the production and transmission of hydroelectric
energy, subject to section 205-2; provided that the hydroelectric facilities
and their appurtenances:
(A) Shall consist of a small hydropower facility as defined by the United States Department of Energy, including:
(i) Impoundment facilities using a dam to store water in a reservoir;
(ii) A diversion or run-of-river facility that channels a portion of a river through a canal or channel; and
(iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at higher elevation from a reservoir at a lower elevation to be released to turn a turbine to generate electricity;
(B) Comply with the state water code, chapter 174C;
(C) Shall, if over
five hundred kilowatts in hydroelectric generating capacity, have the approval
of the commission on water resource management, including a new instream flow
standard established for any new hydroelectric facility; and
(D) Do not impact or impede the use of agricultural land or the availability of surface or ground water for all uses on all parcels that are served by the ground water sources or streams for which hydroelectric facilities are considered."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Class B Agricultural Lands; Solar Energy Facilities; Prohibited
Description:
Prohibits certain solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B.
The summary description
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