Bill Text: HI HB1659 | 2022 | Regular Session | Amended


Bill Title: Relating To Land Leases.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2022-03-11 - Referred to WTL/AEN, WAM/JDC. [HB1659 Detail]

Download: Hawaii-2022-HB1659-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1659

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND LEASES.

 

 

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

 


     SECTION 1.  The legislature finds that Act 90, Session Laws of Hawaii 2003 (Act 90), was enacted to transfer certain non-agricultural park lands from the department of land and natural resources to the department of agriculture.  While three hundred parcels consisting of approximately nineteen thousand acres have been transferred over the past seventeen years, many parcels have not been transferred.

     The legislature further finds that Act 139, Session Laws of Hawaii 2021, established the Act 90 working group to determine the process, status, challenges, and potential remedies regarding the transfer of non-agricultural park lands to fulfill the purposes of Act 90.

     The purpose of this Act is to adopt a recommendation from the Act 90 working group that authorizes the board of land and natural resources to:

     (1)  Amend and extend existing pasture leases for up to sixty-five years;

     (2)  Issue new pasture leases by negotiation, if the lands are already under pastoral use; and

     (3)  Develop agricultural and pasture lease rents based on the value of the land's agricultural uses.

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-     Existing pasture leases; extension; negotiation; lease rents.  (a)  Notwithstanding any law to the contrary, the board may amend and extend, for a maximum of sixty-five years, existing pasture leases in furtherance of public purposes that are the responsibility of the department to promote, including:

     (1)  Promoting sustainable food production; and

     (2)  Preserving and enhancing natural resource and public use.

     (b)  Notwithstanding section 171-59, the board may issue new pasture leases by negotiation; provided that:

     (1)  The lands are already under pastoral use; and

     (2)  The issuance of leases by negotiation furthers public purposes.

     (c)  Notwithstanding any law to the contrary, in developing and calculating agricultural and pastoral lease rents, the board may base such lease rents on the value of the land's agricultural uses.

     (d)  The board shall adopt rules pursuant to chapter 91 to carry out the purposes of this section."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

 


 


 

Report Title:

Pasture Leases; Agriculture; Department of Land and Natural Resources; Board of Land and Natural Resources

 

Description:

Authorizes the board of land and natural resources to:  (1) Amend and extend existing pasture leases for up to sixty-five years; (2) Issue new pasture leases by negotiation, if doing so furthers public purposes and the lands are already under pastoral use; and (3) Develop agricultural and pasture lease rents based on the value of the land's agricultural uses.  Effective 7/1/2050.  (HD1)

 

 

 

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

 

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