47 | | - | SECTION 1. (a) There shall be established a fruit tree harvest pilot program within the districts outlined in section 4‑1(4)(D) and (E), Hawaii Revised Statutes, to plant fruit trees on new and newly renovated state landscaping projects for public harvest. (b) When a state agency creates plans, designs, or specifications for new or renovated landscaping within the districts described in subsection (a) that integrate the planting of trees as part of any building, complex of buildings, facility, complex of facilities, housing, public highway, or other landscaping that includes trees, the state agency, to the extent practicable, shall plant trees that bear edible fruit. (c) Any person may harvest fruit from a fruit tree planted pursuant to this pilot program and the State shall not require any permit or license to harvest fruit from trees planted pursuant to this pilot program; provided that this pilot program shall not be construed to bar the State from prohibiting any person from trespassing on state lands or otherwise exercising its authority as a property owner pursuant to any other law or rule. (d) The State and its political subdivisions, agencies, officials, and employees shall not be liable for any civil damages or criminal penalties resulting from any injuries or illnesses arising from the harvesting or ingesting of fruit under this pilot program, including injuries or illnesses resulting from food-borne illnesses. (e) The fruit tree harvest pilot program shall cease to exist on July 30, 2027. SECTION 2. All state agencies that plant fruit trees pursuant to the fruit tree harvest pilot program shall collaborate to submit a report of their findings and recommendations on the pilot program, including any proposed legislation and whether the program should be extended or expanded statewide, to the legislature no later than twenty days prior to the convening of the regular session of 2027. SECTION 3. This Act shall take effect January 1, 2491. |
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| 47 | + | SECTION 1. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§27- Fruit trees; preference in state landscaping. (a) When the State creates plans, designs, or specifications for new or renovated landscaping that integrates the planting of trees as part of any building, complex of buildings, facility, complex of facilities, housing, public highway, or other landscaping that includes trees, the State, to the extent practicable, shall plant trees that bear edible fruit. (b) Any person may harvest fruit from a fruit tree planted pursuant to this section and the State shall not require any permit or license to harvest fruit from trees planted pursuant to this section; provided that this subsection shall not be construed to bar the State from prohibiting any person from trespassing on state lands or otherwise exercising its authority as a property owner pursuant to any other law or rule. (c) The State and its political subdivisions, agencies, officials, and employees shall not be liable for any civil damages or criminal penalties resulting from any injuries or illnesses arising from the harvesting or ingesting of fruit under this section, including injuries or illnesses resulting from food-borne illnesses." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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