HomeMy WebLinkAboutRES 156 Draft 01 2012-2014 •
COUNTY OF HAWAII ; :_..• STATE OF HAWAII
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RESOLUTION NO. 15G 13
A RESOLUTION REQUESTING THE INCLUSION IN THE 2014 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSED STATE
BILL RELATING TO COUNTY AUTHORITY CONCERNING AGRICULTURE.
WHEREAS, the counties' home rule statute, HRS 46-1.5 provides jurisdiction over
matters affecting health and life; and
WHEREAS,the counties are concerned that in 2013 biotech companies lobbied for state
level legislation (Senate Bill 727)that would have eliminated all county level jurisdiction over
agriculture and over any matter relating to the health and well being of residents; and
WHEREAS,the counties concern was exacerbated when SB727, although finally
defeated, initially passed through all three senate committees with minimal opposition; and
WHEREAS at the House Judiciary Committee hearing on SB727 testifiers supporting
the biotech industry indicated a desire to eliminate local government jurisdiction because it
interferes with their corporate policies; and
WHEREAS, customary and generally acceptable agricultural practices and technologies
vary county by county; and
WHEREAS, agricultural matters affect the health and well-being of residents and of the
land, including the soil, and are clearly a matter of local concern in which local communities
insist on having significant local say-so; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
proposed State bill, attached as Exhibit"A", relating to county authority concerning agriculture,
be considered for inclusion in the 2014 Hawai`i State Association of Counties Legislative
Package.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this Resolution to the Honorable Mayor William P. Kenoi, and to the Hawai`i
State Association of Counties' Executive Committee.
Dated at Kona , Hawai`i, this 21st day of August , 2013.
INTRODUCED BY:
11111 J /
CO CIL M BER, COUNTY OF H- WAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawaii on August 21, 2013 X
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLS X
YOSHIMOTO X
9 0 0 0
Reference: C-367/Waived GREDC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 156 13
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Exhibit A
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: RELATING TO COUNTY AUTHORITY CONCERNING
AGRICULTURE
PURPOSE: This proposed Bill for an Act amends Chapter 165 of the Hawai`i
Revised Statutes relating to the Hawai`i Right to Farm Act
MEANS: Amend Section 165-1 and Section 165-4, Hawai`i Revised
Statues.
JUSTIFICATION: Customary and generally acceptable agricultural practices and
technologies vary from county to county. The counties recognize
their responsibility to be more pro-active in this critical policy
arena to protect their lands and natural ecosystems and to
ensure the viability of agricultural systems for current and
future farmers and ranchers. Agricultural matters affect the
health and well-being of residents and are a matter of local
concern that should have local authority.
Exhibit A •B • INO.
A BILL FOR AN ACT
RELATING TO THE COUNTY AUTHORITY CONCERNING AGRICULTURE
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The primary objective of the Hawaii Right To Farm
2 Act was to protect agricultural land and promote the use of
3 agriculturally suitable lands for agriculture, as well as to
4 prevent conflicts arising due to encroaching development . On
5 the other hand each County has an interest in preventing the
6 establishment of agricultural technologies that are adverse to
7 what are generally accepted agricultural practices within that
8 county. In particular this amendment makes clear that each
9 County, through its elected county council, has the right to
10 regulate the cultivation of genetically modified crops .
11
12 The Counties are aware that, in light of the danger of cross
13 pollination, such that the cultivation of genetically modified
14 crops in one location can undermine the cultivation of
15 neighboring non-GMO crops . In light of the substantial
16 controversy surrounding the cultivation of GMO crops and the
17 differential in the likelihood of cross pollination depending
18 upon the type of crop being cultivated, County level oversight
19 concerning the cultivation of GMO crops is appropriate .
20
21 The Counties are also aware that in 2013 the biotech
22 companies lead an effort to gut the jurisdiction of the
23 counties, such that they would not longer have any authority
24 over matters concerning the health and wellbeing of their
25 residents . See for example 2013 Senate Bill 727 . In addition
26 Biotech companies advocated to further erode the ability of
27 either the state or the counties to regulate the cultivation of
28 genetically modified crops . See for example 2013 Senate Bill
29 590 . The Counties abhor these efforts to undermine local
30 government and prevent meaningful public input on the local
31 level .
32
33 SECTION 2 . Section 165-1, Hawaii Revised Statutes, is
34 amended to read as follows :
35 Findings and purpose. The legislature finds that when
36 nonagricultural land uses extend into agricultural areas,
37 farming operations often become the subject of nuisance lawsuits
38 that may result in the premature removal of lands from
39 agricultural use and may discourage future investments in
40 agriculture . The legislature also finds that under the Hawaii
41 State Planning Act, it is a declared policy of this State to
42 "foster attitudes and activities conducive to maintaining
43 agriculture as a major sector of Hawaii ' s economy. "
44 Accordingly, it is the purpose of this chapter to reduce the
45 loss to the State of its agricultural resources by limiting the
46 circumstances under which farming operations may be deemed to be
47 a nuisance. Whereas the Counties also have jurisdiction regarding
48 agriculture under HRS 46-4 , as a matter of health, life, and
49 well-being of its residents, this Act is however not meant to
50 abrogate that right of local county government to regulate
51 agricultural technologies in a manner that is consistent with
52 the long term health and well-being of its residents, the
53 environment, and its cultural identity.
54
55 SECTION 3 . Section 165-4 , Hawaii Revised Statutes, is
56 amended to read as follows :
57
58 Right to farm. No court, official, public servant, or public
59 employee shall declare any farming operation a nuisance for any
60 reason if the farming operation has been conducted in a manner
61 consistent with generally accepted agricultural and management
62 practices . There shall be a rebuttable presumption that a
63 farming operation does not constitute a nuisance .
64 Notwithstanding any other provision of this Act or any law that
65 may otherwise be interpreted as inconsistent herewith, each
66 county through its county council has the right to regulate the
67 cultivation of genetically modified crops .
68
69 SECTION 4 . New statutory material is underscored.
70
71 SECTION 5 . This Act shall take effect upon its approval .
72
73 INTRODUCED BY:
74
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