Bill Text: HI HB2011 | 2014 | Regular Session | Amended

Hawaii House Bill 2011 (Prior Session Legislation)

HI State Legislature page for HB2011

Bill Title: Acquisition of Oahu Agricultural Lands; Agribusiness Development Corporation; Appropriation ($)

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-03-06 - Referred to AGL/WTL/PSM, WAM. [HB2011 Detail]

Download: Hawaii-2014-HB2011-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2011
TWENTY-SEVENTH LEGISLATURE, 2014		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO AGRICULTURAL LANDS.

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

SECTION 1. The legislature finds that it is extremely important to support food sustainability and self-sufficiency. In addition, agricultural lands must be preserved to effectuate food growth in the State.

The purpose of this Act is to promote food sustainability and self-sufficiency by:

(1) Creating the agribusiness land and facilities special fund;

(2) Authorizing the agribusiness development corporation to subdivide agricultural lands and requiring counties to enact an agriculture subdivision code to promote agriculture; and

(3) Enabling the agribusiness development corporation, in concert with the department of agriculture, to acquire certain agricultural lands through the issuance of revenue bonds.

SECTION 2. Chapter 163D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§163D- Agribusiness land and facilities special fund. (a) There is established in the state treasury the agribusiness land and facilities special fund, which shall be administered by the corporation and into which shall be deposited:

(1) Appropriations made by the legislature to the fund;

(2) All revenues from the corporation's operations as allocated by the corporation;

(3) All revenues received by the corporation from the lease, management, and operation of agricultural lands identified in section 3 of Act , Session Laws of Hawaii 2014; and

(4) Any matching funds or funds from private, nonprofit, county, or federal sources.

(b) Moneys in the agribusiness land and facilities special fund shall be used for the operation, management, and maintenance costs relating to the agricultural lands identified in section 3 of Act , Session Laws of Hawaii 2014. The corporation may use contributions of money, labor, materials, and property that may be otherwise available from any person or instrumentality.

§163D- Subdivision; county codes; agricultural lease; lease rent collection contract. (a) The corporation may subdivide agricultural lands that are owned or controlled by, or under the jurisdiction of any state agency and may exempt the subdivided lands from infrastructure and road requirements, as necessary, to encourage farming.

(b) Each county shall enact an agriculture subdivision code to promote agriculture; provided that the corporation may establish an agriculture subdivision code for any county that has not established one by 2015.

(c) The corporation may offer for lease the subdivided agricultural lands to farmers and shall give priority consideration in awarding leases to farmers who produce, raise, or grow agricultural or livestock products in the State for consumption in the State.

(d) The corporation may contract with nonprofit entities or financial institutions relative to land management, collection of rent and lease, and enforcement of nonpayment."

SECTION 3. (a) The legislature finds that the lands identified in this section contain soil qualities and growing conditions that support agricultural production of food, fiber, or fuel- and energy-producing crops. These lands also have sufficient quantities of water to support viable agricultural production.

The legislature further finds and declares that the lands identified in this section are the type of agricultural lands that should be preserved and protected pursuant to article XI, section 3 of the Hawaii state constitution.

(b) The agribusiness development corporation, pursuant to chapter 163D, Hawaii Revised Statutes, and part III of chapter 39, Hawaii Revised Statutes, is authorized to issue revenue bonds in an aggregate principal amount not to exceed $ , to acquire certain agricultural lands located on the island of Oahu and owned by Dole Food Company, Inc., identified as tax map keys 6-1-02-01, 6-1-02-23, 6-1-02-24, 6-2-02-02, 6-2-02-04, 6-2-02-23, 6-2-05-02, 6-2-05-35, 6-2-06-01, 6-2-06-02, 6-2-06-04, 6-2-06-06, 6-2-07-02, 6-2-07-04, 6-2-07-07, 6-2-07-08, 6-2-07-11, 6-2-08-01, 6-02-08-04, 6-2-08-05, 6-2-08-06, 6-2-08-08, 6-2-08-09, 6-2-08-10, 6-2-08-11, 6-2-08-16, 6-2-08-19, 6-2-10-02, 6-2-10-03, 6-2-10-04, 6-2-10-06, 6-2-10-10, 6-2-10-11, 6-2-10-12, 6-2-11-02, 6-2-11-03, 6-2-11-04, 6-2-11-05, 6-2-11-06, 6-2-11-07, 6-2-11-08, 6-2-11-09, 6-2-11-10, 6-2-11-13, 6-2-11-16, 6-2-11-17, 6-2-11-18, 6-2-11-19, 6-2-11-20, 6-3-01-02, 6-3-01-03, 6-3-01-05, 6-4-01-01, 6-4-01-04, 6-4-01-05, 6-4-01-12, 6-4-02-01, 6-4-03-01, 6-4-03-03, 6-4-04-01, 6-4-04-06, 6-4-04-08, 6-5-01-14, 6-5-01-30, 6-05-01-31, 6-5-01-32, 6-5-01-44, 6-5-01-45, 6-5-01-46, 6-5-02-01, 6-5-02-05, 6-5-02-06, 6-5-02-07, 6-5-02-08, 6-5-02-11, 6-5-02-18, 6-5-02-19, 6-5-02-23, 6-5-05-02, 6-5-05-03, 6-5-05-04, 6-6-06-11, 6-6-10-10, 6-6-12-01, 6-6-14-04, 6-6-18-39, 6-6-20-11, 6-6-22-01, 6-6-23-03, 6-6-24-01, 6-6-25-01, 6-6-25-02, 6-6-25-06, 6-6-27-08, 6-6-27-09, 6-6-27-10, 6-7-01-05, 6-7-01-08, 6-7-01-17, 6-7-01-26, 6-7-01-30, 6-7-01-34, 6-7-01-36, 6-7-01-37, 6-7-01-58, 6-7-01-59, 6-7-01-63, 6-7-02-04, 6-7-02-14, 6-7-02-35, 6-7-02-36, 6-7-02-37, 6-7-02-40, 6-7-02-43, 6-7-02-45, 6-7-02-46, 6-7-02-47, 6-7-03-02, 6-7-03-05, 6-7-03-06, 6-7-03-07, 6-7-03-09, 6-7-03-10, 6-7-03-11, 6-7-03-17, 6-7-04-01, 6-7-04-04, 6-7-07-40, 6-7-09-03, 6-7-13-07, 6-7-14-17, 6-8-02-05, 6-8-03-09, 6-8-06-17, 6-8-07-05, 7-1-02-04, 7-1-02-06, 7-1-02-11, 7-1-02-23, 7-1-02-34, 7-1-02-35, 7-1-02-36, 7-1-03-19, 7-1-03-47, 7-1-03-57, 7-1-03-66, 7-1-04-16, 7-1-04-24, 7-1-05-45, 7-1-05-51, 7-1-05-59, 7-1-06-06, 7-1-07-15, 7-2-01-03, 7-3-15-56, and 7-3-16-44.

(c) The proceeds of any revenue bonds issued for the purchase of lands identified in this section shall be deposited into the agribusiness land and facilities special fund.

(d) The approval of projects, plans, and programs relating to, and the management and disposition of, any lands acquired pursuant to this section shall be subject to section 163D-8.5, Hawaii Revised Statutes.

(e) The water resources developed on lands acquired pursuant to this section shall be reserved for agricultural use and shall be consistent with article XI, section 7 of the Hawaii state constitution.

(f) Any lands acquired pursuant to this section that are presently used for agricultural workforce housing shall continue to be used for agricultural workforce housing.

SECTION 4. There is appropriated out of the revenue bond proceeds authorized by section 3 of this Act the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 for the costs of acquiring the interest in certain agricultural lands that are identified as tax map key numbers in section 3 of this Act; provided that:

(1) The appropriation shall not lapse at the end of the fiscal year for which the appropriation is made;

(2) Before the issuance of revenue bonds, the department of budget and finance shall review the financial feasibility of the bond issuance and ensure all necessary financial reviews have been completed; and

(3) All moneys from the appropriation that are unencumbered as of June 30, 2018, shall lapse to the general fund as of that date.

The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2030.

Report Title:

Acquisition of Oahu Agricultural Lands; Agribusiness Development Corporation; Appropriation

Description:

Creates special fund administered by the Agribusiness Development Corporation (ADC). Authorizes ADC to subdivide agricultural lands and requires counties to establish an agriculture subdivision code. Authorizes ADC to issue revenue bonds to acquire certain agricultural lands. Appropriation. Effective July 1, 2030. (HB2011 HD1)

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