Bill Text: HI SB631 | 2011 | Regular Session | Amended
Bill Title: Renewable Energy; Agricultural Land; Solar Energy Facilities
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2011-07-12 - (H) Act 217, on 7/11/2011 (Gov. Msg. No. 1321). [SB631 Detail]
Download: Hawaii-2011-SB631-Amended.html
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THE SENATE |
S.B. NO. |
631 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO RENEWABLE ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the development of renewable energy in Hawaii is crucial to the energy security and energy independence of the State. Increased energy efficiency and use of renewable energy resources will achieve broad societal benefits, including resistance to increases in oil prices, environmental sustainability, economic development, and job creation.
The legislature also finds that Hawaii's dependence on petroleum makes the State extremely vulnerable to supply disruption, international market dysfunction, and many other factors beyond the control of the State. Continued consumption of conventional petroleum fuel and price volatility can negatively impact the viability of agricultural operations.
The legislature further finds that allowing renewable energy facilities within the agricultural district furthers and is consistent with the purposes, standards, and criteria for uses within agricultural lands. Renewable energy facilities increase both the State's energy self sufficiency and agricultural sustainability.
The purpose of this Act is to increase, with certain limitations, the areas within agricultural lands in which solar energy facilities may be constructed.
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)(15), for public, private, and commercial use;
(6) Solar energy facilities; provided that [this]:
(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;
(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 the lesser; and
(C) Solar energy facilities shall not be placed in areas designated as important agricultural lands pursuant to chapter 205, part III, unless placed in accordance with section 205-4.5(a)(16);
(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, agricultural-energy facilities as defined in section 205-4.5(a)(16), vehicle and equipment storage areas, roadside stands for the sale of products grown on the premises, 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; and
(12) Open area recreational facilities.
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2020.
Report Title:
Renewable Energy; Agricultural Land; Solar Energy Facilities
Description:
Increases, with certain limitations, the areas within agricultural lands in which solar energy facilities may be constructed. Effective July 1, 2020. (SB631 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
