Bill Text: HI SB2735 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Agricultural Lands.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-27 - Referred to WTL/AEN, WAM. [SB2735 Detail]

Download: Hawaii-2020-SB2735-Introduced.html

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THE SENATE	S.B. NO.	2735
THIRTIETH LEGISLATURE, 2020
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.  Act 90, Session Laws of Hawaii 2003, was enacted to authorize the transfer of certain non-agricultural park lands from the department of land and natural resources to the department of agriculture.  The legislature finds that many lessees of large acreages of land, primarily farmers and ranchers, have already been notified by the department of agriculture that their land leases were to be transferred to and managed by the department of agriculture.  However, nearly seventeen years later, the department of land and natural resources has not yet transferred the lands.

     The purpose of this Act is to:

     (1)  Clarify that agriculture activities on non-agricultural park lands may include the care and production of pasture lands; and

     (2)  Require the department of land and natural resources to transfer certain non-agricultural park lands to the department of agriculture as authorized by section 166E-3, Hawaii Revised Statutes.

     SECTION 2.  Section 166-2, Hawaii Revised Statutes, is amended by amending the definition of "agricultural activities" to read as follows:

     ""Agricultural activities" means the care and production of livestock, pasture lands, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms."

     SECTION 3.  (a)  The department of agriculture shall identify the non-agricultural park lands that have been approved for an unconditional transfer pursuant to the authority granted by section 166E-3, Hawaii Revised Statutes.

     (b)  No later than June 30, 2022, the board of land and natural resources shall transfer to the department of agriculture as many of the lands identified in subsection (a) as practical.

     (c)  No later than June 30, 2023, any lands identified in subsection (a) not transferred to the department of agriculture pursuant to subsection (b) shall be transferred to the department of agriculture.

     (d)  Upon mutual agreement and approval of the board of agriculture and the board of land and natural resources, certain assets, including position counts, related to the management of existing non-agricultural park lands transferred by this Act and related facilities shall be transferred from the department of land and natural resources to the department of agriculture.

     (e)  Lands transferred pursuant to this Act shall be:

     (1)  Included in and subject to the requirements of the program established pursuant to section 166E-3(b), Hawaii Revised Statutes; and

     (2)  Subject to section 166E-3(c), Hawaii Revised Statutes.

     (f)  The department of land and natural resources and department of agriculture shall jointly submit reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2023 and 2024 on their efforts to comply with this Act.  The reports shall include:

     (1)  A list of all lands identified pursuant to section 2(a) of this Act;

     (2)  A list of all lands that have been transferred to the department of agriculture pursuant to section 2(b) or (c) of this Act and the dates of those transfers;

     (3)  A list of which lands identified pursuant to section 2(a) of this Act that have not been transferred to the department of agriculture and an explanation of why each of those lands have not been transferred; and

     (4)  Proposed legislation, if any.

     SECTION 4.  There is appropriated out of the non-agricultural park lands special fund established pursuant to section 166E-7, Hawaii Revised Statutes, the sum of $          or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of section 3 of this Act.

     The sum appropriated shall be expended by the department of agriculture for the purposes of this Act; provided that upon approval of the chairperson of the board of agriculture, funds may be allocated to and expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2020.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

HDOA; DLNR; Non-agricultural Park Lands; Land Transfer; Deadline; Appropriation

 

Description:

Clarifies that agriculture activities in non-agricultural park lands may include the care and production of pasture lands.  Sets various deadlines for the transfer of certain non-agricultural park lands from the Department of Land and Natural Resources to the Department of Agriculture.  Requires reports to the legislature on compliance with the land transfers.  Appropriates funds.

 

 

 

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