Bill Text: HI HB1120 | 2014 | Regular Session | Amended
Bill Title: Office of Planning; Agricultural Land Use; Study
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2014-03-19 - The committee on AGL deferred the measure. [HB1120 Detail]
Download: Hawaii-2014-HB1120-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1120 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The land study bureau of the University of Hawaii prepared an inventory and evaluation of the State's land resources during the 1960s and 1970s. The bureau used the interaction of particular soil properties, topography, and climate to establish a five-class productivity rating system. The overall (master) productivity rating evaluates land in its general productive capacity and not for any specific crop.
The legislature finds that in the years since the land study bureau's inventory and evaluation, issues such as the effects of climate change and drought and developments in agricultural technology and processes have raised the question of whether the five-class productivity rating system remains a relevant and useful basis for the classification and regulation of agricultural land. The legislature further finds that for purposes of fostering a sustainable agricultural economy, the academic classification of land is less important than the practical effect that land use policy has on encouraging or suppressing innovative and sustainable application of agricultural technologies and processes.
The purpose of this Act is to direct the office of planning to investigate the current status of the land study bureau's five-class productivity rating system, both in statute and as a driver of land use and agricultural policy, and to make recommendations regarding the continued relevance of the system and the potential adoption of an alternative regulatory basis.
SECTION 2. (a) The office of planning shall conduct a study of the five-class productivity rating system developed by the land study bureau of the University of Hawaii as it applies to the classification and allowable uses of agricultural land in the State. Specifically, the office of planning shall:
(1) Identify provisions of the Hawaii Revised Statutes, Hawaii Administrative Rules, and county ordinances that contain reference to or are dependent upon the five-class productivity rating system;
(2) Investigate how identified statutes, rules, and ordinances interact within the context of state-wide land use regulation;
(3) Determine the practical effects, both positive and adverse, of identified statutes, rules, and ordinances on the practice of agriculture, use of agricultural land, and development of a sustainable agricultural economy in the State;
(4) Identify and evaluate alternate means of classifying and regulating the use of agricultural land in the State available under existing statutes, rules, and ordinances, including the important agricultural lands designation pursuant to part III of chapter 205, Hawaii Revised Statutes;
(5) Consider issues related to the prudence of allowing certain nonagricultural uses of agricultural land, such as renewable energy production, residential uses, cottage industry, or other innovative and non-detrimental uses;
(6) Identify and evaluate alternative means of classifying and regulating the use of agricultural land used by other jurisdictions that are similarly situated to Hawaii and face similar concerns including limited land availability, diverse topography, availability or lack of certain natural resources, presence or absence of infrastructure, and suitability or unsuitability of certain plant and animal species for agricultural cultivation; and
(7) Make recommendations to the legislature regarding an appropriate course of action for classifying and regulating the use of agricultural land in the State, which shall include recommendations for the preservation, updating, amendment, or discontinuation of the five-class productivity rating system developed by the land study bureau of the University of Hawaii.
(b) In conducting the study required by subsection (a), the office of planning shall identify and seek the collaboration of appropriate state, county, and private agencies and organizations to:
(1) Gather accurate information from varied credible sources;
(2) Ensure the opportunity for broad participation in a transparent analytical process; and
(3) Facilitate the consideration of varied perspectives on the practical effects of current and proposed agricultural land classification and regulatory systems on the practice of agriculture, use of agricultural land, and development of a sustainable agricultural economy in the State.
(c) The office of planning shall submit an interim report, including its findings and recommendations, to the legislature no later than twenty days prior to the convening of the regular session of 2015. The office of planning shall submit a final report, including its findings, recommendations, and proposed legislation, if any, to the legislature no later than twenty days prior to the convening of the regular session of 2016.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Office of Planning; Agricultural Land Use; Study
Description:
Requires the Office of Planning to study current and potential alternative systems of classifying and regulating agricultural land and to submit interim and final reports to the legislature. (HB1120 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
