Hawaii 2023 Regular Session

Hawaii Senate Bill SB1500 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1500 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to taro lands. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1500
4	4	THIRTY-SECOND LEGISLATURE, 2023
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	1500
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 taro lands.
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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 the last three years of the coronavirus disease 2019 pandemic have demonstrated the fragile nature of Hawaii's food security, as well as the strength and resilience of the taro farming community. In the midst of pandemic isolation, commercial and subsistence taro farmers contributed tens of thousands of pounds of healthy, staple starch food (taro and poi) and tens of thousands of huli (taro planting material), and taught hundreds of families to grow their own food and pound their own poi, uplifting their well-being and bringing people closer together. Demand for kalo, the Hawaiian word for taro, and poi direct from farmers and ku`i `ai practitioners (hand pounded poi makers) far outweighs production, despite the increase in reported acreage from three hundred forty to four hundred eighteen between 2015 and 2021, with an estimated equal number of acres not captured by survey. The State continues to import more than two million pounds of taro annually. In its 2010 report to the legislature, and again in 2015, the taro security and purity task force found "no logical reason why we should continue to import any type of taro to meet local needs" in Hawaii when we have the desire, land, and water to do so ourselves. Interest in planting kalo at a subsistence and small-scale commercial level is at its highest since the 1970s, driven by a revaluing of priorities since COVID. Among those who desire to raise kalo for local consumption, access to water and affordable land present the biggest challenges. The State holds numerous lands within its jurisdiction that were former taro lands, or are capable of becoming wet or dry taro-producing lands, on all islands. The taro task force found that lease rates for department of land and natural resource lands were inconsistent, and in some cases unduly expensive due to the influence of the value of adjacent developed lands, thereby making the land unaffordable to existing or future taro farmers. They also found that while general agricultural leases on public lands were typically below $100 per acre per year, taro lands averaged $300 per acre and were as high as $2,000 per acre per year when adjacent to highly valued residential properties or conservation land. In general, taro farming lands appear to have higher lease rates among state agencies than leases for other agricultural uses. The high cost of leases makes critical long-term fallow and regenerative agricultural practices that improve soil health unaffordable. In addition, long-term leases require a competitive bid process that disadvantages and disenfranchises taro farmers. Taro farming is a practice learned on-farm, through family or mentors, and by example. The task force also found farmland lease criteria under the department of agriculture required specific education levels, financial status, or both that prevented taro farmers from qualifying for leases, particularly young farmers. The purpose of this Act is to improve access to taro growing lands and leases, and opportunities for local taro self‑sufficiency, by requiring the department of land and natural resources and department of agriculture to reevaluate their inventory of lands for potential taro-growing lands, develop more affordable and reasonable lease rent rates and long‑term lease strategies, establish accessible criteria for qualifying taro farmers, and, in partnership with taro farmers, facilitate the expansion of taro production and local food self‑sufficiency and security. SECTION 2. By January 1, 2025, the department of land and natural resources and department of agriculture shall: (1) Reevaluate agency land inventory for taro-growing lands and, using local knowledge of the location of historic wet taro-cultivated areas and resources available through the office of Hawaiian affairs, designate these lands, or portions of lands as available only and specifically for commercial, subsistence, or education-based taro production; (2) Prioritize allocation of leases for taro lands either month-to-month or long-term in descending order as follows: (A) Taro farmers from the immediate area; (B) Taro farmers from within the ahupua`a where the taro lands are located; (C) Taro farmers from outside the ahupua`a and on the same island where the taro lands are located; (D) Nonprofit organizations on the same island where growing taro is a demonstrated essential part of their work; and (E) Taro farmers from another island; (3) Set a cap on lease rents for taro lands at not more than $100 per acre, regardless of adjacent land values; (4) Review existing lease mechanisms and qualifying criteria under the department of land and natural resources and the department of agriculture and develop a consistent and accessible criteria for taro farmers to qualify for taro land leases based on the recommendations of the taro task force; and (5) Provide public access to information, including: (A) Taro land inventories; (B) Opportunities for leases of these lands; (C) Qualifying criteria and costs for taro farm leases; and (D) A streamlined application process. SECTION 3. The department of land and natural resources and department of agriculture shall submit reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2026, 2028, 2030, and 2032 on the status of each action required by this Act, including the status of the reclassification of taro lands, adjustments to lease rents, and modifications to lease qualification criteria. SECTION 4. This Act shall take effect on July 1, 2023; provided that this Act shall be repealed on June 30, 2032. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the last three years of the coronavirus disease 2019 pandemic have demonstrated the fragile nature of Hawaii's food security, as well as the strength and resilience of the taro farming community. In the midst of pandemic isolation, commercial and subsistence taro farmers contributed tens of thousands of pounds of healthy, staple starch food (taro and poi) and tens of thousands of huli (taro planting material), and taught hundreds of families to grow their own food and pound their own poi, uplifting their well-being and bringing people closer together. Demand for kalo, the Hawaiian word for taro, and poi direct from farmers and ku`i `ai practitioners (hand pounded poi makers) far outweighs production, despite the increase in reported acreage from three hundred forty to four hundred eighteen between 2015 and 2021, with an estimated equal number of acres not captured by survey. The State continues to import more than two million pounds of taro annually. In its 2010 report to the legislature, and again in 2015, the taro security and purity task force found "no logical reason why we should continue to import any type of taro to meet local needs" in Hawaii when we have the desire, land, and water to do so ourselves. Interest in planting kalo at a subsistence and small-scale commercial level is at its highest since the 1970s, driven by a revaluing of priorities since COVID. Among those who desire to raise kalo for local consumption, access to water and affordable land present the biggest challenges. The State holds numerous lands within its jurisdiction that were former taro lands, or are capable of becoming wet or dry taro-producing lands, on all islands. The taro task force found that lease rates for department of land and natural resource lands were inconsistent, and in some cases unduly expensive due to the influence of the value of adjacent developed lands, thereby making the land unaffordable to existing or future taro farmers. They also found that while general agricultural leases on public lands were typically below $100 per acre per year, taro lands averaged $300 per acre and were as high as $2,000 per acre per year when adjacent to highly valued residential properties or conservation land. In general, taro farming lands appear to have higher lease rates among state agencies than leases for other agricultural uses. The high cost of leases makes critical long-term fallow and regenerative agricultural practices that improve soil health unaffordable. In addition, long-term leases require a competitive bid process that disadvantages and disenfranchises taro farmers. Taro farming is a practice learned on-farm, through family or mentors, and by example. The task force also found farmland lease criteria under the department of agriculture required specific education levels, financial status, or both that prevented taro farmers from qualifying for leases, particularly young farmers.
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51	51	The purpose of this Act is to improve access to taro growing lands and leases, and opportunities for local taro self‑sufficiency, by requiring the department of land and natural resources and department of agriculture to reevaluate their inventory of lands for potential taro-growing lands, develop more affordable and reasonable lease rent rates and long‑term lease strategies, establish accessible criteria for qualifying taro farmers, and, in partnership with taro farmers, facilitate the expansion of taro production and local food self‑sufficiency and security.
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53	53	SECTION 2. By January 1, 2025, the department of land and natural resources and department of agriculture shall:
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55	55	(1) Reevaluate agency land inventory for taro-growing lands and, using local knowledge of the location of historic wet taro-cultivated areas and resources available through the office of Hawaiian affairs, designate these lands, or portions of lands as available only and specifically for commercial, subsistence, or education-based taro production;
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57	57	(2) Prioritize allocation of leases for taro lands either month-to-month or long-term in descending order as follows:
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59	59	(A) Taro farmers from the immediate area;
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61	61	(B) Taro farmers from within the ahupua`a where the taro lands are located;
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63	63	(C) Taro farmers from outside the ahupua`a and on the same island where the taro lands are located;
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65	65	(D) Nonprofit organizations on the same island where growing taro is a demonstrated essential part of their work; and
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67	67	(E) Taro farmers from another island;
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69	69	(3) Set a cap on lease rents for taro lands at not more than $100 per acre, regardless of adjacent land values;
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71	71	(4) Review existing lease mechanisms and qualifying criteria under the department of land and natural resources and the department of agriculture and develop a consistent and accessible criteria for taro farmers to qualify for taro land leases based on the recommendations of the taro task force; and
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73	73	(5) Provide public access to information, including:
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75	75	(A) Taro land inventories;
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77	77	(B) Opportunities for leases of these lands;
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79	79	(C) Qualifying criteria and costs for taro farm leases; and
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81	81	(D) A streamlined application process.
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83	83	SECTION 3. The department of land and natural resources and department of agriculture shall submit reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2026, 2028, 2030, and 2032 on the status of each action required by this Act, including the status of the reclassification of taro lands, adjustments to lease rents, and modifications to lease qualification criteria.
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85	85	SECTION 4. This Act shall take effect on July 1, 2023; provided that this Act shall be repealed on June 30, 2032.
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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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93	93	_____________________________
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99	99	Report Title: Agriculture; Affordable Taro Lands Description: Requires the Department of Land and Natural Resources and the Department of Agriculture to work with taro farmers to identify taro lands, adjust lease rents, and modify lease qualification criteria. Sunsets after 10 years. 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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105	105	Report Title:
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107	107	Agriculture; Affordable Taro Lands
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111	111	Description:
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113	113	Requires the Department of Land and Natural Resources and the Department of Agriculture to work with taro farmers to identify taro lands, adjust lease rents, and modify lease qualification criteria. Sunsets after 10 years.
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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.