2015 Hawaii Revised Statutes
TITLE 9. PUBLIC PROPERTY, PURCHASING AND CONTRACTING
103D. Hawaii Public Procurement Code
103D-408 Hawaiian plants; use in public landscaping.

§103D-408 Hawaiian plants; use in public landscaping. [Section effective June 30, 2016. For section effective until June 29, 2016, see below] (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]

[§103D-408] Indigenous and Polynesian introduced plants; use in public landscaping. [Section effective until June 29, 2016. For section effective June 30, 2016, see above.] (a) Wherever and whenever feasible, 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; 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 plants shall be used for landscaping on the island or islands on which the species originated.

(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. [L 1999, c 149, pt of §2]