HomeMy WebLinkAboutBIL 195 Draft 01 2024-2026
AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE NONDEDICATED AGRICULTURAL USE ASSESSMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 19, article 1, section 19-2, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending the definition of “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] or
(4) Pasture and slow rotation forestry.
This definition shall be repealed [on January 1, 2028.] concurrently with the repeal of section 19-57 under subsection 19-57(e).”
SECTION 2. Chapter 19, article 7, section 19-57, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (e) to read as follows:
“(e) Sunset of nondedicated agricultural use assessment. This section shall be repealed on January 1, [2029.] 2030. Consequently:
(1) No new applications for nondedicated agricultural use assessment will be accepted by the director after 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 September 1, [2026.] 2027. If no
application is received by the director by September 1, [2026,] 2027, 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 September 1, [2028,] 2029, 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 the [2029] 2030 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.”
SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring
need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
________________________________________
DENNIS ONISHI
Council Member
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: