103D-408. Hawaiian plants; use in public landscaping
(a) Subject to exceptions as established under subsection (d), and pursuant to the timetable described in subsection (c), 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 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, Hawaiian plants shall be used for landscaping on, and sourced from,
the island and ahupua`a in which the species
was found or known to occur prior to European contact.
(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.
(c) The timetable
for the incorporation of Hawaiian plants pursuant to subsection (a) shall be as
follows:
(1) By January 1, 2019,
Hawaiian plants shall constitute a combined minimum of ten 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 twenty-five per cent of
the total plant footprint for landscaping plans, designs, and specifications;
(3) By January 1, 2030, Hawaiian plants shall
constitute a combined minimum of thirty-five per cent of the total plant
footprint for landscaping plans, designs, and specifications.
(d) Notwithstanding
chapter 91, for the purposes of satisfying the percentage footprint
requirements under subsection (c), the purchasing agency may exclude from total
plant footprint calculations those areas where available Hawaiian plant species
are not appropriate for the particular landscaping needs or environmental
conditions of such areas. The exclusion of such areas shall be determined by
procedures, standards, or guidelines established by the policy board at the
time of issuance of the invitation for bids, requests for proposals, or other
solicitation under this chapter. Procedures, standards, or guidelines
established pursuant to this subsection may be established by board action
notwithstanding chapter 91.
(e) For purposes of
this section, "Hawaiian plants" means any endemic or indigenous plant
species, including land, freshwater, and marine plant species, growing or
living in Hawaii without having been brought to Hawaii by humans; or 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.
[L 1999, c 149, pt of §2; am L 2015, c 233, §2]
