HomeMy WebLinkAboutBIL 195 Draft 01 2024-2026 COUNTY OF HAWAII = ��• STATE OF HAWAII
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BILL NO. 195
ORDINANCE NO.
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; [andi-eff] 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This definition shall be repealed[on January 1,2028.]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 This section shall be repealed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;
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(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 RON 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
1 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:
REFERENCE Comm. 1076
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