SB697.DOC

SECTION 1. The legislature finds that the use of Hawaiian plants in landscaping is fundamental to preserving and fostering a Hawaiian sense of place in our neighborhoods and communities. Historically, each island, moku, and ahupua‘a supported varied and diverse Hawaiian plant life. The connections between certain areas and certain plants hold cultural significance and reflect an ecological balance achieved through long-term adaptation to specific local environments.

The relatively recent influx of non-native plant species and invasive plant species has transformed Hawai‘i's urban and natural environment. Some invasive plants have displaced and endangered Hawai‘i's native plants and animals. Notably, state landscaping projects have continued to utilize and propagate some of these more recently introduced plants, notwithstanding the importance of Hawaiian plants to biodiversity, ecological stability, and a cultural sense of place.

Accordingly, the legislature finds that publicly funded landscaping should embody the cultural and ecological heritage of the place in which the landscaping is located through the use of Hawaiian plants associated with each project area. The legislature further finds that a place-based approach to landscaping on the local level is important and desirable for cultural preservation, biodiversity, biosecurity, and ecosystem management.

The purpose of this Act is to amend the state public procurement code to require that all publicly funded landscaping projects include a minimum percentage of Hawaiian plants in order to contribute to a Hawaiian sense of place, to reduce the use of non-native invasive plant species, and to support the preservation of Hawai‘i's cultural and ecological heritage.

SECTION 2. Section 103D-408, Hawaii Revised Statutes, is amended to read as follows:

"[[]§103D-408[]] [~~Indigenous and Polynesian introduced~~] Hawaiian plants; use in public landscaping. (a) [~~Wherever and whenever feasible,~~] Subject to the exceptions in subsections (d) and (e), all plans, designs, and specifications for new or renovated landscaping of any building, complex of buildings, facility, complex of facilities, or housing developed by the State with public moneys shall incorporate [~~indigenous land plant species as defined in section 195D-2, and plant species brought to Hawaii by Polynesians before European contact, such as the kukui, noni, and coconut;~~] Hawaiian plants; provided that:

(1) Suitable cultivated plants can be made available for this purpose without jeopardizing wild plants in their natural habitat; [~~and~~]

(2) Wherever and whenever possible, [~~indigenous~~] Hawaiian plants shall be used for landscaping on the island [~~or islands on~~] and ahupua‘a in which the species [~~originated.~~] was found or known to occur prior to European contact;

(3) Wherever and whenever feasible, Hawaiian plants used for landscaping pursuant to this section shall be sourced from the island on which they are used; and

(4) Wherever and whenever feasible, when non-Hawaiian plants are proposed for use in landscaping pursuant to this section, the offeror shall use the invasive species council's Hawai‘i-Pacific weed risk assessment system in selecting any such plant species.

(b) Each plant or group of plants used pursuant to subsection (a) shall be clearly identified with signs for the edification of the general public.

(1) By January 1, 2019, Hawaiian plants shall constitute a combined minimum of 10 per cent of the total plant footprint for landscaping plans, designs, and specifications;

(2) By January 1, 2025, Hawaiian plants shall constitute a combined minimum of 25 per cent of the total plant footprint for landscaping plans, designs, and specifications; and

(3) By January 1, 2030, Hawaiian plants shall constitute a combined minimum of 35 per cent of the total plant footprint for landscaping plans, designs, and specifications.

(d) For the purposes of calculating the minimum percentage of the total plant footprint for landscaping required under this section, the total plant footprint shall not include:

(1) Landscaped areas of sand, turf grass, sod, hydroseed, hydromulch, or stolons;

(2) The footprint of exceptional trees as designated under chapter 58 and street trees; and

(3) Additional landscaped areas not within the conservation land use district within a county, as determined by the county zoning agency, with the consent of the board of land and natural resources, including but not limited to landscaping necessary for erosion control.

(e) This section shall not apply to landscaping associated with a significant "historic property" as defined under section 6E-2 and its implementing rules.

(f) For the purposes of this section, "Hawaiian plant" means:

(1) Any plant species, including land, freshwater, and marine plant species, growing or living in Hawaii without having been brought to Hawai‘i by humans; or

(2) Any plant species, including land, freshwater, and marine plant species, brought to Hawaii by Polynesians before European contact, such as kukui, kalo, wauke, niu, noni, and kamani."

SECTION 3. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	697
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII