BIL 044 Draft 01 2022-2024 - Laserfiche WebLink

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SECTION 3. Chapter 19, article 1, section 19-2 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new definition to be appropriately inserted and to read as follows: 'Community food sustainability use"means the present use of agricultural or residential and agricultural zoned land on a continuous and regular basis that demonstrates the owner is engaged in agricultural activities to provide food to the community, including: (1) Intensive agriculture; (2) Orchards; or (3) Diversified agriculture." SECTION 4. Chapter 19, article 7, section 19-57 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection(c) to read as follows: "(c) Application; filings; assessment effective; renewal. (1) The director shall prescribe the form of the nondedicated agricultural use application. (2) The application shall be filed with the director by December 31 of any calendar year[.-] with no new applications accepted after July 1, 2023. (3) The application for a nondedicated agricultural use assessment must be signed by all owners of the land being committed. (4) If the application is approved,the assessment based upon the use requested in the application shall be effective as of January 1 for the following tax year. (5) Renewal of the application shall be in such form and at such time as required by the director." SECTION 5. Chapter 19, article 7, section 19-57 of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new subsection (e)to be appropriately inserted and to read as follows: "(e) Sunset of nondedicated agricultural use assessment. This section shall be repealed on July 1, 2026. Consequently: (1) No new applications for nondedicated agricultural use assessment will be accepted by the director after July 1, 2023; (2) Owners of land currently assessed in the nondedicated agricultural use category shall reapply for an alternative use assessment or dedication by July 1, 2024. If no application is received by the director by July 1, 2024,the property shall not be assessed at the nondedicated agricultural use value established in subsection(a)(2) of this section; (3) The director shall notify all current owners of land currently assessed in the nondedicated agricultural use category in writing of the intent to sunset the nondedicated agricultural use assessment and the deadline to apply for another program; (4) On or before July 1, 2026 the director shall review all reapplications; 2