Bill Text: HI SB951 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 951 (Prior Session Legislation)

Introduced

Bill Title: Important Agricultural Lands; Advisory Committee

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB951 Detail]

Download: Hawaii-2014-SB951-Introduced.html

THE SENATE	S.B. NO.	951
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO part III of chapter 205, hawaii revised statutes.

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

SECTION 1. Article XI, section 3, of the Constitution of the State of Hawaii, relating to agricultural lands, provides in pertinent part as follows:

"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."

Pursuant to the constitutional mandate, the legislature enacted Act 183, Session Laws of Hawaii 2005, relating to important agricultural lands (codified as part III of chapter 205, Hawaii Revised Statutes). Section 205-41, Hawaii Revised Statutes, states in pertinent part the policy of preserving important agricultural lands as follows:

"It is declared that the people of Hawaii have a substantial interest in the health and sustainability of agriculture as an industry in the State. There is a compelling state interest in conserving the State's agricultural land resource base and assuring the long-term availability of agricultural lands for agricultural use[.]"

The legislature finds that Act 183 has not been fulfilled in implementation and has not been amended to address the problems that were acknowledged in 2005, and the confusion that arose in 2005 still exists.

Further, many of the deadlines established by the Act have passed without adherence to the stated mandates, including the following:

(1) Section 7 of Act 183, requiring each county to submit its report and maps for lands eligible for important agricultural lands designation no later than sixty months after receipt of the state funds appropriated for the identification process (Act 183 appropriated $75,000 to the counties for identification and mapping of important agricultural lands);

(2) Section 14 of Act 183, which requires that identification and mapping of important agricultural lands by the counties take effect in three years after the department of agriculture establishes incentives and protections for important agricultural lands and agricultural viability;

(3) Section 205-51, Hawaii Revised Statutes, which requires each county to adopt ordinances that reduce infrastructure standards for important agricultural lands no later than the effective date of legislative enactment of protection and incentive measures for important agricultural lands and agricultural viability.

The legislature further finds that Act 183 needs to be reviewed to clarify ambiguous language and vague terms, as well as in general to update the language to reflect current needs and conditions in agriculture and farming in this State.

The purpose of this Act is to establish an ad hoc advisory committee to propose statutory amendments to the important agricultural lands law as contained in part III, chapter 205, Hawaii Revised Statutes.

SECTION 2. (a) There is established an ad hoc advisory committee to propose statutory amendments to the legislature regarding the important agricultural lands law as contained in part III, chapter 205, Hawaii Revised Statutes. The ad hoc committee shall be placed under the legislative reference bureau for administrative purposes.

(b) The ad hoc advisory committee shall consist of the following members or their designees:

(1) The director or acting director of the legislative reference bureau, to serve as chair of the ad hoc committee;

(2) A member of the senate, appointed by the president of the senate;

(3) A member of the house of representatives, appointed by the speaker of the house of representatives;

(4) The executive officer of the land use commission;

(5) The director of the office of planning; and

(6) The directors of planning of the counties of Hawaii, Maui, and Kauai, respectively, and the director of planning and permitting of the city and county of Honolulu.

(1) Conduct research into the legislative intent of the important agricultural lands law enacted by Act 183, Session Laws of Hawaii 2005, including reviewing the testimony and supporting documents submitted to the legislature in connection with H.B. No. 1640 and its drafts introduced during the regular session of 2005;

(2) Review the state land use classification system and county zoning ordinances relating to agriculture to identify substantive and procedural issues and problems relating to implementation of Act 183, Session Laws of Hawaii 2005;

(3) Propose statutory amendments, if any, to part III of chapter 205, Hawaii Revised Statutes, to clarify, define, and update the statutory language in order to ensure that the language adequately expresses legislative intent in identifying, preserving, and perpetuating important agricultural lands;

(4) Determine whether or not the statutory mandates in Act 183, Session Laws of Hawaii 2005, have been fulfilled to date; and

(5) Solicit input from large landowners and owners of large and small agricultural enterprises.

SECTION 3. The legislative reference bureau shall report the task force's findings and recommendations, including proposed draft legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2014.

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

INTRODUCED BY:	_____________________________

Report Title:

Important Agricultural Lands; Advisory Committee

Description:

Establishes an ad hoc advisory committee to study and report findings and recommendations to the legislature on Act 183, SLH 2005, important agricultural lands.

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