Hawaii 2022 Regular Session

Hawaii Senate Bill SB2521 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2521 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO AGRICULTURAL BUILDINGS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2521
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2521
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO AGRICULTURAL BUILDINGS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that Act 114, Session Laws of Hawaii 2012, was enacted to assist the local agriculture industry by providing an exemption from county building permit and county building code requirements for certain structures on commercial farms and ranches. In passing this Act, the legislature found that existing building codes and permitting processes were "overly burdensome to the State's commercial agricultural and aquaculture industries and add substantial time and costs to establishing or expanding farming and ranching enterprises in the State." However, the legislature also finds that some persons and entities have abused this exemption by using it to construct buildings or structures that, while constructed on agriculturally zoned lands, either are not used for agricultural purposes or have only nominal agricultural purposes. For example, certain structures built using these exemptions function as dwellings and are not used for agricultural purposes. The legislature finds that these abuses violate the spirit of the law and should be addressed. Further, the legislature believes that clarifying that this exemption applies only to buildings that are used exclusively for agricultural purposes will assist county officials in enforcing county building permit and building code requirements. Accordingly, the purpose of this Act is to clarify that the exemption from building permit and building code requirements for agricultural buildings applies only to buildings used exclusively for agricultural or aquacultural purposes. SECTION 2. Section 46-88, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) As used in this section: "Agricultural building" means a development, including a nonresidential building or structure, built exclusively for agricultural or aquacultural purposes, located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, used in or necessary for the operation of the farm or ranch, and for the production, harvesting, storage, raising, or drying of livestock, poultry, or other agricultural or aquacultural products[, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products]. The term does not include: (1) Buildings used for human habitation, whether as a permanent residence or as a temporary or seasonal living quarters; (2) Buildings used by the public, such as a place of employment or entertainment; and (3) Buildings with multiple or mixed uses where one or more use does not meet the definition of "agricultural building" as used in this section. "Agricultural operation" means the planting, cultivating, harvesting, processing, or storage of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, feed, or forestry purposes, as well as the feeding, breeding, management, and sale of animals including livestock, poultry, honeybees, and their products. "Appurtenance" means an object or device in, on, or accessory to a building or structure, and which enhances or is essential to the usefulness of the building or structure, including but not limited to work benches, horticultural and floricultural growing benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs, growbeds, and filterbeds, when situated within a structure. "Aquacultural operation" means the propagation, cultivation, farming, harvesting, processing, and storage of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes and includes aquaponics or any growing of plants or animals in or with aquaculture effluents. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. "Dwelling" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. "Manufactured pre-engineered commercial building or structure" means a building or structure whose specifications comply with appropriate county codes, and have been pre-approved by a county or building official. "Nonresidential building or structure" means a building or structure, including an agricultural building, that is used only for agricultural or aquacultural operations and is not intended for use as, or used as, a dwelling." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that Act 114, Session Laws of Hawaii 2012, was enacted to assist the local agriculture industry by providing an exemption from county building permit and county building code requirements for certain structures on commercial farms and ranches. In passing this Act, the legislature found that existing building codes and permitting processes were "overly burdensome to the State's commercial agricultural and aquaculture industries and add substantial time and costs to establishing or expanding farming and ranching enterprises in the State."
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51	51	However, the legislature also finds that some persons and entities have abused this exemption by using it to construct buildings or structures that, while constructed on agriculturally zoned lands, either are not used for agricultural purposes or have only nominal agricultural purposes. For example, certain structures built using these exemptions function as dwellings and are not used for agricultural purposes. The legislature finds that these abuses violate the spirit of the law and should be addressed. Further, the legislature believes that clarifying that this exemption applies only to buildings that are used exclusively for agricultural purposes will assist county officials in enforcing county building permit and building code requirements.
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53	53	Accordingly, the purpose of this Act is to clarify that the exemption from building permit and building code requirements for agricultural buildings applies only to buildings used exclusively for agricultural or aquacultural purposes.
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55	55	SECTION 2. Section 46-88, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
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57	57	"(d) As used in this section:
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59	59	"Agricultural building" means a development, including a nonresidential building or structure, built exclusively for agricultural or aquacultural purposes, located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, used in or necessary for the operation of the farm or ranch, and for the production, harvesting, storage, raising, or drying of livestock, poultry, or other agricultural or aquacultural products[, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products]. The term does not include:
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61	61	(1) Buildings used for human habitation, whether as a permanent residence or as a temporary or seasonal living quarters;
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63	63	(2) Buildings used by the public, such as a place of employment or entertainment; and
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65	65	(3) Buildings with multiple or mixed uses where one or more use does not meet the definition of "agricultural building" as used in this section.
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67	67	"Agricultural operation" means the planting, cultivating, harvesting, processing, or storage of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, feed, or forestry purposes, as well as the feeding, breeding, management, and sale of animals including livestock, poultry, honeybees, and their products.
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69	69	"Appurtenance" means an object or device in, on, or accessory to a building or structure, and which enhances or is essential to the usefulness of the building or structure, including but not limited to work benches, horticultural and floricultural growing benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs, growbeds, and filterbeds, when situated within a structure.
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71	71	"Aquacultural operation" means the propagation, cultivation, farming, harvesting, processing, and storage of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes and includes aquaponics or any growing of plants or animals in or with aquaculture effluents.
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73	73	"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
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75	75	"Dwelling" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
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77	77	"Manufactured pre-engineered commercial building or structure" means a building or structure whose specifications comply with appropriate county codes, and have been pre-approved by a county or building official.
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79	79	"Nonresidential building or structure" means a building or structure, including an agricultural building, that is used only for agricultural or aquacultural operations and is not intended for use as, or used as, a dwelling."
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81	81	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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83	83	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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85	85	SECTION 5. This Act shall take effect upon its approval.
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89	89	INTRODUCED BY: _____________________________
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93	93	_____________________________
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99	99	Report Title: Counties; Agricultural Building; Definition Description: Amends the definition of "agricultural building" for purposes of section 46-88, HRS, to clarify that "agricultural building" means a development built exclusively for agricultural or aquacultural purposes. Clarifies that buildings used for human habitation; buildings used by the public, such as a place of employment or entertainment; and buildings with multiple or mixed uses where one or more uses do not meet the definition of agricultural building, are not agricultural buildings. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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107	107	Counties; Agricultural Building; Definition
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111	111	Description:
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113	113	Amends the definition of "agricultural building" for purposes of section 46-88, HRS, to clarify that "agricultural building" means a development built exclusively for agricultural or aquacultural purposes. Clarifies that buildings used for human habitation; buildings used by the public, such as a place of employment or entertainment; and buildings with multiple or mixed uses where one or more uses do not meet the definition of agricultural building, are not agricultural buildings.
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121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.