Bill Text: HI SB3019 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 3019 (Prior Session Legislation)

Introduced

Bill Title: Agricultural Lands; Soil Quality; Soil Organic Matter

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-01-27 - Referred to AGL/WTL, WAM. [SB3019 Detail]

Download: Hawaii-2014-SB3019-Introduced.html

THE SENATE	S.B. NO.	3019
TWENTY-SEVENTH LEGISLATURE, 2014
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 maintaining the soil organic matter on agricultural lands is essential for Hawaii's future food security. Further, agricultural lands comprise some of the highest yielding staple food crop acreage in the State.

In Hawaii in the distant past, farms were small and communal. In the past one hundred years, agriculture was dominated by plantations that utilized low wages and often imported laborers for most if not all food production. Currently, there is a resurgence in local, community-based farming. Even the larger producers of today are still small compared to mainland and Hawaii plantation agriculture. Presently, there is a focus on local markets and niche production that is sold locally or exported from Hawaii. A new interest is in reforming that community-based, sustainable agricultural environment.

The purpose of this Act is to require leaseholders of agricultural lands leased from the State to improve and maintain soil quality through management of soil organic matter.

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- Leased public lands; duty to maintain soil quality and integrity of organic matter. (a) Every leaseholder of agricultural lands leased from the State shall protect, during the period of the lease, the organic soil nutrient structures on the leased land by establishing and maintaining soil quality and the integrity of organic matter in the soil.

(b) The department of agriculture and the department of land and natural resources shall:

(1) Establish and enforce guidelines and best practices for purposes of subsection (a); and

(2) Monitor soil quality over a period of time on leased agricultural lands to ensure soil quality is maintained at a tolerable per cent change from the baseline at the time the lease was executed.

(c) The requirements of this section shall be incorporated into every lease agreement entered into after ; provided that all extensions of time of the lease shall incorporate the requirements.

(d) Every leaseholder to whom this section applies shall have soil tests conducted at certain sites identified by the department of agriculture. The soil tests shall be conducted annually, the initial test beginning with the end of the first year of the lease, by an established, independent third party. The cost of the soil testing shall be borne by the leaseholder.

(e) Every leaseholder to whom this section applies shall formulate and file with the department of agriculture a soil conservation plan that includes mandatory "lightest cultivation" practices as provided in the guidelines of the United States Natural Resources Conservation Service. The plan shall include maps of the leased land, which shall be divided into distinct cultivation parcels for maintenance of testing accuracy over a period of time.

(f) The department of agriculture shall notify the leaseholder in writing of noncompliance with the established guidelines and best practices as provided in subsection (b), if applicable; provided that:

(1) The notice of noncompliance shall be made at years three and four following execution of the lease; and

(2) A leaseholder receiving a notice of noncompliance as a result of declining levels of soil quality for the third straight year shall be required to restore the soil quality to a level deemed acceptable by the department of agriculture. By the fifth year after receiving the notice, the soil quality shall have been restored to the original year one level that was indicated by the initial soil test as provided under subsection (d). If by the fifth year no improvement in the soil quality occurs:

(A) The lease shall be subject to review for possible termination;

(B) The lessee shall be subject to an administrative fine of $ ; and

(C) The lessee shall be required to pay for the costs to reestablish soil quality to a level deemed acceptable by the department of agriculture.

(g) No later than December 13, 2014, the department of agriculture and the department of land and natural resources shall develop a plan to implement this section.

(h) For purposes of this section, "soil quality" means the percentage, by mass, of organic matter present in the soil."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

Report Title:

Agricultural Lands; Soil Quality; Soil Organic Matter

Description:

Require leaseholders of agricultural lands to improve and maintain soil quality through management of soil organic matter.

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