Bill Text: HI SB2781 | 2022 | Regular Session | Introduced

Hawaii Senate Bill 2781 (Prior Session Legislation)

Introduced

Bill Title: Relating To The Transfer Of Non-agricultural Park Lands.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-24 - Referred to AEN/WTL, WAM. [SB2781 Detail]

Download: Hawaii-2022-SB2781-Introduced.html

THE SENATE	S.B. NO.	2781
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to the transfer of non-agricultural park lands.

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 ensure the long-term, productive use of public lands leased or available to be leased for agricultural purposes by allowing these lands to be transferred from the department of land and natural resources to be managed by the department of agriculture.

Act 90 was deemed necessary as the department of agriculture had the expert resource base "more in tune with the needs of the agricultural community and with the policy set by the State Constitution." Article XI, section 10, of the Hawaii State Constitution, established that "the public lands shall be used for the development of farm and homeownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law." Article XI, section 3, of the Hawaii State Constitution, further mandates that "the State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands. The legislature shall provide standards and criteria to accomplish the foregoing."

Now, more than ever, the public and Hawaii's leadership recognize the importance of greater food self-sufficiency and the need to encourage agricultural activity to promote the diversification of the economy. The Hawaii State Constitution, the Hawaii state plan, the new day plan, Hawaii comprehensive economic development strategy, and other state policy documents all support increasing Hawaii's food self-sufficiency. The State's distance from the continental United States and the high percentage of imported food makes the State particularly vulnerable to natural disasters and global events that disrupt supply chains and food supply.

Increasing food self-sufficiency will keep money circulating in Hawaii's economy by supporting local farmers and businesses rather than agribusiness in other states or countries. Programs and projects which support greater food self-sufficiency will result in economic, social, and environmental benefits to the State of Hawaii.

However, the legislature further finds that absent appropriate legislative action, a decrease in food production on public lands may occur as producers continue to face the insecurity and instability of short-term leases and other lease terms under the management of the department of land and natural resources. Agricultural lands are more appropriately managed by the department of agriculture which has the mission and flexibility to support increased local food production.

Additionally, lands historically zoned "agricultural" may have the potential for natural and cultural resource protection and other potential purposes. However, when agricultural lands are utilized for active agricultural use, public policy dictates that the lands should not be withdrawn from production and limited to non-agricultural uses. These lands should be transferred to the department of agriculture. Once agricultural lands are converted to non-agricultural use, they are unlikely to return to agricultural production.

Since the enactment of Act 90, less than fourteen per cent of the agricultural acreage inventory within the department of land and natural resources has been transferred to the department of agriculture. Although the department of land and natural resources has identified thirty-one per cent of lands for transfer, the inventoried lands have not been transferred. Furthermore, the department of land and natural resources has stated that it intends to retain fifty-four per cent of its public agricultural lands for non-agricultural potential purposes.

Despite the purpose and intent of Act 90, agricultural lessees under the department of land and natural resources continue to be in an untenable state of limbo. Many lessees are unable to conduct long-term planning and invest into agricultural ventures due to uncertainty over land leases.

Therefore, the purpose of this Act is to expedite and set criteria for the transfer of agricultural land to the department of agriculture to ensure long-term agricultural use of public lands, including pasture lands used for livestock production, and to set a deadline for land transfers.

SECTION 2. Section 166E-3, Hawaii Revised Statutes, is amended to read as follows:

"§166E-3 Transfer and management of non-agricultural park lands and related facilities to the department of agriculture. (a) [~~Upon mutual agreement and approval of the board and the board of land and natural resources:~~] The department of land and natural resources shall transfer lands suitable or appropriate for agricultural use, including livestock pasture lands, to the department; provided that:

(1) [~~The department may accept the transfer of and manage certain qualifying non-agricultural park lands;~~] Initial priority shall be given to existing agricultural operations; provided further that unencumbered but potentially suitable lands shall also be considered for transfer; [~~and~~]

(2) Parcels in whole or in part in active agricultural use that also have the potential conservation value or other potential value shall be transferred to the department. These lands or portions thereof may be returned to the department of land and natural resources upon approval of the board of agriculture of a funded action plan under the department of land and natural resources for the proposed potential non-agricultural use, after a two-year notice to the existing lessee; and

[~~(2)~~] (3) Certain assets, including position counts, related to the management of existing encumbered and unencumbered non-agricultural park lands and related facilities shall be transferred to the department.

(b) The department shall administer a program to manage the transferred non-agricultural park lands under rules adopted by the board pursuant to chapter 91. The program and its rules shall be separate and distinct from the agricultural park program and its rules. Non-agricultural park lands are not the same as, and shall not be selected or managed as are lands under agricultural park leases. Prior to offering a lease, the department shall inquire with the department of land and natural resources regarding any easements required by the department of land and natural resources on the lands subject to the lease. Notwithstanding any other law to the contrary, the program shall include the following conditions pertaining to encumbered non-agricultural park lands:

(1) The lessee or permittee shall perform in full compliance with the existing lease or permit;

(2) The lessee or permittee shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;

(3) The lessee's or permittee's agricultural operation shall be economically viable as specified by the board; and

(4) No encumbered or unencumbered non-agricultural park lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be transferred for the use or development of golf courses, golf driving ranges, and country clubs.

The transfer of non-agricultural park lands shall be done [~~in a manner to be determined by the board of agriculture.~~] pursuant to this section.

(c) For any encumbered or unencumbered non-agricultural park lands transferred to the department that are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department of land and natural resources.

(d) No later than one year after the effective date of this Act, the department and the department of land and natural resources shall effectuate the transfer of the non-agricultural park lands under the jurisdiction of the department of land and natural resources that are in whole or in part of agricultural use, including pasture use.

(e) No later than five years after the effective date of Act Session Laws of Hawaii 2022, the department and the department of land and natural resources shall effectuate the transfer of non-agricultural park lands under the jurisdiction of the department of land and natural resources that are suitable for agricultural use, including pasture use, and not previously transferred pursuant to subsection (d)."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Department of Agriculture; Department of Land and Natural Resources; Non-Agricultural Park Lands; Pastoral Lands

Description:

Requires the Department of Land and Natural Resources to transfer non-agricultural lands to the Department of Agriculture. Requires the Department of Agriculture to accept the transfer of non-agricultural park lands in agricultural use, including pasture use or lands suitable for agricultural use. Provides deadlines for land transfers. Requires the Department of Agriculture to inquire about any easements needed by the Department of Land and Natural Resources prior to offering a lease.

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