Bill Text: HI SB1342 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 1342 (Prior Session Legislation)

Introduced

Bill Title: Agriculture; Private Agricultural Parks

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1342 Detail]

Download: Hawaii-2010-SB1342-Introduced.html

Report Title:

Agriculture; Private Agricultural Parks

Description:

Allows one or more contiguous parcels within the agricultural district to establish a private agricultural park to: (i) generate electrical energy and transmit the electricity over parcel boundaries within the park without regulation by the PUC; and (ii) transmit cold water for cooling facilities and nonpotable water for irrigation across parcel boundaries within the park without state or county regulation.

THE SENATE	S.B. NO.	1342
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to Private agricultural parks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that many times necessary cooperation between and among adjoining and neighboring agriculturalist is stifled by governmental regulation and oversight.

The purpose of this Act is to encourage neighboring agricultural landowners to enter into cooperative private agreements to reduce the shared costs of generating and transmitting electrical energy, cold water for refrigeration and cooling purposes, and nonpotable water for irrigation.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PRIVATE AGRICULTURAL PARKS

"§ -1 Private agricultural parks. (a) The owners of one or more contiguous parcels, including public lands, within the agricultural district may establish a private agricultural park. The owners shall register their private agricultural park with the department of agriculture, on forms to be prescribed and prepared by the department, and shall include but not be limited to the following information for each private agricultural park:

(1) The names and addresses of all of its members;

(2) The tax map parcel numbers and number of acres in each parcel to be included in the private agricultural park;

(3) The types of agricultural activities and products being produced or to be produced by each member, including non-agricultural by-products that may include but not be limited to renewable sources of energy for the production of electrical energy or liquid fuel and cold water for cooling, processing, and air conditioning purposes; and

(4) Other information that the department of agriculture determines may be of assistance in promoting the private agricultural park,

provided that, by subsequent filings, a private agricultural park may add or delete members and parcels from its original filing.

§ -2 Activities permitted in a private agricultural park. (a) Within a private agricultural park, pursuant to private agreements between any or all of the members within the private agricultural park, one or more members may:

(1) Engage in the generation of electrical energy from fossil fuel or renewable energy sources, including but not limited to the use of falling water, biomass, wind, and solar energy. Any electrical energy generated within the private agricultural park, whether by a member or members or through an agreement between a member or members and a nonmember independent energy producer, may be produced, sold, transmitted, and consumed by any other member within the private agricultural park without regulation or oversight by the public utilities commission, except to ensure the public's health and safety;

(2) Collect, sell, and distribute cold water to any other member within the private agricultural park for the purpose of operating cooling and processing facilities for agricultural products or for air conditioning, without being subject to any regulation by any state or county agency;

(3) Collect, store, sell, and distribute nonpotable water for irrigation purposes to any other member within the private agricultural park, without being subject to regulation by any state or county agency; and

(4) Engage in any other lawful activity within the private agricultural park for the benefit of one or more of its members, without being subject to regulation by any state or county agency.

§ -3 Incentives and permit processing. Anything to the contrary notwithstanding, the lands contained in a private agricultural park, whether or not designated important agricultural lands pursuant to section 205-49, shall be entitled to the benefits of all incentive and protection programs granted to important agricultural lands pursuant to section 205-46 and any priority permit processing procedures extended to important agricultural lands pursuant to section 205-46.5."

SECTION 3. This Act shall take effect upon its approval.