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HI HB849

Bill

Status

Introduced

1/28/2015

Primary Sponsor

Richard Onishi

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends Section 165-4 of Hawaii Revised Statutes to prohibit local governments from enacting laws, ordinances, or resolutions that restrict farmers' and ranchers' rights to use agricultural practices not prohibited by federal or state law, rules, or regulations.

  • Establishes a rebuttable presumption that farming operations conducted in accordance with generally accepted agricultural and management practices do not constitute a nuisance.

  • Clarifies that courts, officials, and public employees cannot declare farming operations a nuisance if conducted consistent with generally accepted agricultural practices.

  • Protects farmers' right to farm by ensuring state and federal agricultural regulations preempt local restrictions, preventing counties from imposing additional limitations on farming activities.

  • Takes effect upon approval and reflects Hawaii's constitutional mandate to conserve and protect agricultural lands while promoting diversified agriculture and agricultural self-sufficiency.

Legislative Description

Right to Farm; Counties

Last Action

Passed Second Reading and referred to the committee(s) on JUD with Representative(s) Jordan, Keohokalole, Oshiro, San Buenaventura, Tupola voting aye with reservations; Representative(s) Creagan, Ing, Kawakami, LoPresti, Lowen, Matsumoto, McKelvey, Thielen voting no (8) and Representative(s) C. Lee excused (1).

2/12/2015

Committee Referrals

Judiciary2/12/2015
Agriculture1/28/2015

Full Bill Text

No bill text available