Bill Text: HI HB1633 | 2012 | Regular Session | Introduced

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Bill Title: Agriculture; Exceptional Use

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1633 Detail]

Download: Hawaii-2012-HB1633-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1633
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§171-A  Exceptional uses.  (a)  The board shall establish rules pursuant to chapter 91 for designating as exceptional use certain uses of public lands that are classified pursuant to section 171-10 as intensive agricultural use, special livestock use, pasture use, and watershed use.

     (b)  Exceptional use of public land shall include activities or enterprises begun no later than December 31, 2009, on lands under a lease for an area of ten or fewer acres, and involving:

     (1)  The groundbreaking or innovative application of agricultural or horticultural propagation techniques or processes;

     (2)  The cultural protection of historical or important gardens;

     (3)  Agricultural or horticultural education; or

     (4)  Experimental or exploratory applications of agricultural or horticultural techniques.

     §171-B  Special lease provisions; exceptional uses.  In addition to all other lease requirements of this chapter, leases for uses designated as exceptional use by the board pursuant to section 171-A shall include the following provisions:

     (1)  Right of first refusal on the lease issued subsequent to the termination of the present lease; and

     (2)  Reasonable rent which takes into consideration the nature of the exceptional use and the special circumstances, uncertainty of return on investment, and expenditures inherent in the exceptional use; provided that rent shall not be based on gross receipts."

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§205-    Exceptional use; permits; priority.  (a)  Any agency subject to this chapter or title 13 that issues permits shall establish and implement a procedure for the priority processing of permit applications and renewals, at no additional cost to the applicant, for exceptional uses; provided that the majority of the lands held, owned, or used by the applicant shall be land designated as important agricultural lands pursuant to this part, excluding lands held, owned, or used by the applicant in a conservation district.

     Any priority permit processing procedure established pursuant to this section shall not provide or imply that any permit application filed under the priority processing procedure shall be automatically approved.

     (b)  As used in this section, "exceptional use" means activities or enterprises begun no later than December 31, 2009, on lands under a lease for an area of ten or fewer acres, and involving:

     (1)  The groundbreaking or innovative application of agricultural or horticultural propagation techniques or processes;

     (2)  The cultural protection of historical or important gardens;

     (3)  Agricultural or horticultural education; or

     (4)  Experimental or exploratory applications of agricultural or horticultural techniques."

     SECTION 3.  Section 166, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Exceptional use" means activities or enterprises begun no later than December 31, 2009, on lands under a lease for an area of ten or fewer acres, and involving:

     (1)  The groundbreaking or innovative application of agricultural or horticultural propagation techniques or processes;

     (2)  The cultural protection of historical or important gardens;

     (3)  Agricultural or horticultural education; or

     (4)  Experimental or exploratory applications of agricultural or horticultural techniques."

     SECTION 4.  Section 166E, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Exceptional use" means activities or enterprises begun no later than December 31, 2009, on lands under a lease for an area of ten or fewer acres, and involving:

     (1)  The groundbreaking or innovative application of agricultural or horticultural propagation techniques or processes;

     (2)  The cultural protection of historical or important gardens;

     (3)  Agricultural or horticultural education; or

     (4)  Experimental or exploratory applications of agricultural or horticultural techniques."

     SECTION 5.  Section 171, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Exceptional use" means activities or enterprises begun no later than December 31, 2009, on lands under a lease for an area of ten or fewer acres, and involving:

     (1)  The groundbreaking or innovative application of agricultural or horticultural propagation techniques or processes;

     (2)  The cultural protection of historical or important gardens;

     (3)  Agricultural or horticultural education; or

     (4)  Experimental or exploratory applications of agricultural or horticultural techniques."

     SECTION 6.  Section 183C, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Exceptional use" means activities or enterprises begun no later than December 31, 2009, on lands under a lease for an area of ten or fewer acres, and involving:

     (1)  The groundbreaking or innovative application of agricultural or horticultural propagation techniques or processes;

     (2)  The cultural protection of historical or important gardens;

     (3)  Agricultural or horticultural education; or

     (4)  Experimental or exploratory applications of agricultural or horticultural techniques."

     SECTION 7.  Section 166-9, Hawaii Revised Statutes, is amended to read as follows:

     "§166-9  Rules.  The board shall adopt rules in accordance with chapter 91 in order to effectuate the purposes of this chapter.  [Such rules] Rules adopted pursuant to this section shall provide, without limitation, for definitions; planning generally and for intensive agricultural uses; general eligibility requirements; qualifications of applicants; designation of certain uses as exceptional use; preference rights; disposition of leases; lease provisions[;], including provisions for exceptional use; lease restrictions generally [and], for intensive agricultural uses[;], and for exceptional use; and notice of breach or default.  Rules adopted by the board for the purposes of this chapter shall be consistent with sections 171-11 and 171-20."

     SECTION 8.  Section 166-11, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§166-11[]]  Lease negotiation.  (a)  The department of agriculture may negotiate and enter into leases with any person who:

     (1)  As of July 1, 1996, holds a revocable permit for agricultural purposes; or

     (2)  Has formerly held an agricultural lease which expired within the last ten years preceding July 1, 1996, and has continued to occupy the state land; and

     (3)  Does not own agriculturally-zoned land of twenty-five acres or more in the State, individually or jointly with a spouse, or whose spouse does not own twenty-five acres or more of agriculturally-zoned land in the State.

     (b)  The land eligible for lease negotiations under this section are limited to those lands:

     (1)  Zoned and used for agricultural purposes;

     (2)  Set aside by governor's executive order to the department of agriculture for agricultural uses only; and

     (3)  Not needed by any state or county agency for any other public purpose.

     (c)  In negotiating and executing a lease as authorized, the board of agriculture shall:

     (1)  Require the appraisal of the parcel to determine the fair market value;

     (2)  Require the payment of annual lease rent based on the fair market value established by appraisal;

     (3)  Require the payment of a premium, computed at twenty-five per cent of the annual lease rent, with the premium to be added to the annual lease rent for each year of the lease equal to the number of years the lessee has occupied the land, except that the premium period shall not exceed four years; and

     (4)  Recover from the lessee the costs of expenditures required by the department to convert the parcel into leasehold.

     Within six months from July 1, 1996, the department shall notify in writing the permittees of lands eligible for lease negotiations under this section and shall inform the permittees of the terms, conditions, and restrictions provided by this section.  Any permittee may apply for a lease; provided that the application shall be submitted to the department in writing within thirty days from the date of receipt of notification; provided further that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease as specified by this section.

     (d)  In addition to all other lease requirements of this chapter, leases for uses designated as exceptional use by the board shall include the following provisions:

     (1)  Right of first refusal on the lease issued subsequent to the termination of the present lease; and

     (2)  Reasonable rent which takes into consideration the nature of the exceptional use and the special circumstances, uncertainty of return on investment, and expenditures inherent in the exceptional use; provided that rent shall not be based on gross receipts."

     SECTION 9.  Section 166E-11, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§166E-11[]]  Lease negotiation.  (a)  The department may negotiate and enter into leases with any person who:

     (1)  Holds a revocable permit for agricultural purposes;

     (2)  Has formerly held an agricultural lease or a holdover lease of public land that expired within the last ten years and has continued to occupy the land; or

     (3)  Is determined by the department to have a beneficial impact on agriculture.

     (b)  Lands eligible for lease negotiations under this section are limited to lands that are:

     (1)  Zoned and used for agricultural purposes;

     (2)  Set aside for agricultural uses only, by the governor through an executive order to the department; and

     (3)  Not needed by any state or county agency for any other public purpose.

     (c)  In negotiating and executing a lease as authorized, the board shall:

     (1)  Require the appraisal of the parcel using standards of national appraiser organizations to determine the rental, including percentage rent;

     (2)  Require the payment of a premium, computed at twenty-five per cent of the annual lease rent, with the premium to be added to the annual lease rent for each year of the lease equal to the number of years the lessee has occupied the land, except that the premium period shall not exceed four years; and

     (3)  Recover from the lessee the costs of expenditures required by the department to convert the parcel into leasehold.

     The department shall notify in writing those eligible for lease negotiations under this section and shall inform the applicants of the terms, conditions, and restrictions provided by this section.  Any eligible person may apply for a lease by submitting a written application to the department within thirty days from the date of receipt of notification; provided that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease.

     (d)  In addition to all other lease requirements of this chapter, leases for uses designated as exceptional use by the board shall include the following provisions:

     (1)  Right of first refusal on the lease issued subsequent to the termination of the present lease; and

     (2)  Reasonable rent which takes into consideration the nature of the exceptional use and the special circumstances, uncertainty of return on investment, and expenditures inherent in the exceptional use; provided that rent shall not be based on gross receipts."

     SECTION 10.  Section 183C-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§183C-3[]]  Powers and duties of the board and department.  The board and department shall:

     (1)  Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;

     (2)  Identify and appropriately zone those lands classified within the conservation district;

     (3)  Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;

     (4)  Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;

     (5)  Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required[;], and exceptional uses as defined by this chapter;

     (6)  Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and

     (7)  Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department."

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Agriculture; Exceptional Use

 

Description:

Creates the designation of exceptional use for certain agricultural activities; provides for special lease provisions for exceptional uses on public lands and in agricultural parks; provides priority consideration for applications for exceptional use by the land use commission and other agencies.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.