HomeMy WebLinkAboutCOM 0218.001 2022-2024 h
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Bather L. Kimball
'' Michelle alimba
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Council Chair&Presiding Officer rt Z'I�,j' Council District 6
Council District IPhone:808-323-4277
Phone: 808-961-8828 '• — michelle. alimb a,hawaiicoun
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heather.kinaball(a,hawaiicounty.gov
HAWAII COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
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DATE: May 1, 2023 ¢
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TO: Members of the Hawaii County Council --
FROM: 3;,�, Heather L. Kimball, Council Chair(Council District 1) -�
Michelle Galimba, Council Member(Council District 6)
SUBJECT: Proposed Amendments to Bill No. 44; An Ordinance Amending Chapter 19,
Articles I and 7, of the Hawaii County Code 1983 (2016 Edition, as
Amended), Relating to Community Food Sustainability Use Assessments and
Nondedicated Agriculture Use Assessments
Please see below proposed amendments to Bill No. 44 relating to Community Food Sustainability
Use Assessments and Nondedicated Agriculture Use Assessments. The amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 44; material to be deleted is
bracketed and stricken, and new material is underscored.
1. SECTION 2 of Bill No. 44 is amended by amending the definition for"nondedicated
agricultural use assessment"to read as follows:
`"`Nondedicated agricultural use assessment" 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 from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry; and/or
(4) Pasture and slow rotation forestry.
This definition shall be repealed on [T' y 1, 2026.] January 1, 2028."
2. SECTION 4 of Bill No. 44 is amended by amending subsection (c), paragraph (2),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 ittly 1, 2023:]
September 1, 2024.
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(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."
3. SECTION 5 of Bill No. 44 is amended by amending subsection (e) to read as follows:
"(e) Sunset of nondedicated agricultural use assessment. This section shall be
repealed on [ittly 1,2026:1 January 1, 2028. Consequently:
(1) No new applications for nondedicated agricultural use assessment will be
accepted by the director after [Judy ,� �] September 1, 2024;
(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-] September 1, 2025. If no application is received by the
director by [ tly 1, 2024 ] September 1, 2025,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 hily 1, 20261 September 1, 2027,the director shall review all
reapplications;
(5) Owners of land who have applied for a community food sustainability use
assessment or a short- or long-term commercial agricultural use dedication
in accordance with section 19-57(e)(2) shall have their property assessed at
the nondedicated agricultural use assessment rate until [Tall 1,2026,] the
2028 tax year, unless their applications have been denied or they have
applied for a different tax program; and
(6) Subsection 19-57(d) shall continue to apply to owners of land who reapply
under this sunset provision."
4. SECTION 6 of Bill No. 44 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 community food sustainability
use application, which shall be accepted be inning September 2 2024.
(2) The application for a community food sustainability use assessment must
be signed by all owners of the land being assessed.
(3) The application for a community food sustainability use assessment shall
include [ ] at least one of the following:
(A) A farm plan;
(B) Documentation of organic certification from the U.S. Department of
Agriculture;
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(C) A plan from the U.S. Department of Agriculture,Natural Resources
Conservation Service; [of]
(D) Documentation of food safety certification from the U.S. Department
of Agriculture; or
Receipts demonstrating an investment of a minimum of$10,000 in
farm equipment, fertilizers, or soil amendments for use on the
subject property.
(4) If the application is approved, renewal of the application for the
assessment, based upon the use requested, shall be required every five
years from the initial approval date or earlier, at the discretion of the
[flee] director, provided that:
(A) The documentation provided under [pafagrap ] subsection (c)(3)
encompasses at least five years and remains in effect; and
(B) Documentation of annual sales or donations of food totaling a
minimum of$1,000 are provided to the director at the time of
renewal. Sales or donations must be generated from the assessed
property. Annual sales shall be documented through excise tax
receipts. Donations of food must be to a [nonpfofit] nonprofit
501(c)(3) organization."
Due to the limited scope of these proposed amendments, a copy of the revised draft of this bill
that would result if these amendments were adopted is not attached.
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