Bill Text: HI SB736 | 2011 | Regular Session | Amended


Bill Title: Land Use; Important Agricultural Lands; Task Force; Report

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2011-02-18 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB736 Detail]

Download: Hawaii-2011-SB736-Amended.html

THE SENATE

S.B. NO.

736

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND USE.

 

 

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

 


     SECTION 1.  The legislature finds that land used for crops cultivated for biofuel production may be competing with important agricultural lands used for consumable crops.  Article XI, section 3 of the Hawaii State Constitution requires the State to conserve and protect important agricultural lands and increase agricultural self-sufficiency.  Part III of chapter 205, Hawaii Revised Statutes, provides for the designation of important agricultural lands.  Specifically, section 205-43, Hawaii Revised Statutes, provides, among other things, that state and county agricultural policies, tax policies, land use plans, ordinances, and rules shall promote the long-term viability of agricultural use of important agricultural lands.  Section 205-43(3), Hawaii Revised Statutes, further provides that the State and counties direct nonagricultural uses and activities from important agricultural lands to other areas and ensure that uses on important agricultural lands are actually agricultural uses.

     The legislature finds that agricultural classified lands used for biofuel production should not diminish important agricultural lands used for food production.

     The legislature further finds that the creation of a temporary task force to study the issue of classification of agricultural lands, including important agricultural lands, is necessary to make recommendations for possible statutory amendments to promote and protect important agricultural lands for food production.

     The purpose of this Act is to create a temporary task force to study existing land use laws and agricultural lands classification, including important agricultural lands designation.

     SECTION 2.  (a)  There is created an advisory task force on the preservation of important agricultural lands.  The task force shall be under the department of business, economic development, and tourism for administrative purposes.  Members of the task force shall serve without compensation and without reimbursement for expenses.

     (b)  Members of the advisory task force on the preservation of important agricultural lands shall include:

     (1)  One state senator, to be selected by the president of the senate, and one state representative, to be selected by the speaker of the house of representatives;

     (2)  The chairperson of the board of agriculture and the director of business, economic development, and tourism, or the chairperson's or director's respective designees, to serve as co-chairs;

     (3)  The director of the office of planning, or the director's designee;

     (4)  The chairperson of the land use commission, or the chairperson's designee;

     (5)  Representatives of appropriate county agencies involved with land use or permitting functions, as designated by the co-chairs of the task force;

     (6)  Representatives of various nonprofit entities focused on issues relating to agriculture, economic development, renewable energy, and land use, as designated by the co-chairs of the task force; and

     (7)  Academic researchers and legal experts in the field of land use classification, as designated by the co-chairs of the task force.

     (c)  The advisory task force on the preservation of important agricultural lands shall study and make recommendations to the legislature on the following issues:

     (1)  Whether existing law relating to land use classifications into urban, rural, agricultural, and conservation districts should be amended to account for the present-day demand for agricultural self-sufficiency and the preservation and promotion of important agricultural lands, particularly as these important agricultural lands are being used for biofuel production;

     (2)  Whether land that is classified as urban or rural may be suitable for cultivating crops appropriate for biofuel production; and

     (3)  Whether important agricultural lands should be used for biofuel production.

     (d)  The advisory task force on the preservation of important agricultural lands shall report to the legislature no later than twenty days prior to the convening of the regular session of 2012 on its findings and recommendations, including proposed legislation and administrative rule changes, then be dissolved.

     SECTION 3.  This Act shall take effect upon its approval.

 


 


 

Report Title:

Land Use; Important Agricultural Lands; Task Force; Report

 

Description:

Creates a temporary task force to study and report to the legislature on agricultural land classification, existing land use laws, and appropriate uses of important agricultural lands.  (SD1)

 

 

 

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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