Bill Text: HI HB2035 | 2020 | Regular Session | Amended
Bill Title: Relating To Non-agricultural Park Lands.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2020-07-08 - Received notice of disagreement (Hse. Com. No. 417). [HB2035 Detail]
Download: Hawaii-2020-HB2035-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2035 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO NON-AGRICULTURAL PARK LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 90, Session Laws of Hawaii 2003, was enacted and codified as chapter 166E, Hawaii Revised Statutes, to transfer certain non-agricultural park lands from the department of land and natural resources to the department of agriculture. The legislature finds that many lessees, primarily farmers and ranchers having large acreages of land, 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 land.
The purpose of this Act is to:
(1) Clarify that the care and production of pasture land constitutes an "agricultural activity" for purposes of chapter 166E, Hawaii Revised Statutes;
SECTION 2. Section 166E-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, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees. As used in this definition, the care and production of livestock or livestock products includes the care and management of pasture land."
SECTION 3. (a) Any provision of chapter 166E, Hawaii Revised Statutes, to the contrary notwithstanding, upon identification and approval by the land use commission that the parcel meets the definition of agricultural activities as defined in section 166E-2, Hawaii Revised Statutes, the department of land and natural resources shall transfer the following lands located on the island of Hawaii to the department of agriculture by December 31, 2020, as provided in subsection (b):
(1) TMK (3) 4-4-013-011-0000;
(2) TMK (3) 4-4-014-002-0000;
(3) TMK (3) 9-8-001-009-0000;
(4) TMK (3) 9-8-001-010-0000;
(5) TMK (3) 9-8-001-013-0000;
(6) TMK (3) 9-8-001-003-0000;
(7) TMK (3) 9-8-001-006-0000;
(8) TMK (3) 9-8-001-011-5000;
(9) TMK (3) 9-8-001-012-0000;
(10) TMK (3) 9-6-011-002-5000; and
(11) TMK (3) 4-3-010-008-0000.
(b) Any parcels identified and approved by the land use commission as meeting the definition of agricultural activities as defined in section 166E-2, Hawaii Revised Statutes, that have not been transferred by December 31, 2020, shall be placed under the jurisdiction of the department of agriculture by January 1, 2021. The department of land and natural resources shall be responsible for all leases and agreements that are determined by the department of agriculture to be not in compliance with section 166E-3, Hawaii Revised Statutes. The department of agriculture shall assume management responsibility for lands, leases, and agreements transferred from the department of land and natural resources and deemed compliant and suitable by the department of agriculture pursuant to this Act, commencing December 31, 2020.
(c) Lessees, permittees, or other occupants managing livestock production on the parcels identified in subsection (a) shall:
(1) Develop and implement a watershed partnership plan; and
(2) Through a three-year phased-in approach, by December 31, 2023, dedicate fifty per cent of all livestock meat and beef production to the State's local food production and meat industry.
(d) Any lands transferred to the department of agriculture shall be subject to return to the department of land and natural resources upon a determination by the department of agriculture that any parcel, or portion thereof, is unsuitable or unnecessary for agricultural use; provided that:
(1) Prior to the return of any parcel, or portion thereof, pursuant to this Act, the department of agriculture shall be responsible for the remediation of any environmental hazard or other hazardous conditions created while the land was under the exclusive management of the department of agriculture; and
(2) Upon return of any parcel, or portion thereof, pursuant to this Act, the department of land and natural resources shall withdraw and return those parcels or portions thereof into its state land inventory in a timely manner.
SECTION 4. The department of agriculture shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2022 and every two years thereafter that includes the percentage of locally produced meat production that is being marketed in the State's local meat industry and updates on the implementation of the watershed partnership plan.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that subsections (a), (b), and (c) of section 3 of this Act shall be repealed on June 30, 2021.
Report Title:
Non-agricultural Park Lands; DLNR; HDOA; Transfer Pilot Project; Deadline; Report; Agricultural Activities
Description:
Requires the Department of Land and Natural Resources to transfer to the Department of Agriculture certain non-agricultural park lands by a specified date. Requires lessees, permittees, and other occupants to develop and implement a watershed partnership plan and dedicate 50% of meat production for local consumption by 12/31/2023. Requires the Department of Agriculture to report on the percentage of local meat production marketed within the State and on implementation of the watershed partnership plan. Amends the definition of "agricultural activities" used in chapter 166E, Hawaii Revised Statutes. Section 3, subsections (a), (b), and (c) sunset 6/30/2021. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
