Bill Text: HI HB1989 | 2018 | Regular Session | Introduced
Bill Title: Relating To Land Use.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-02-07 - The committee(s) on WAL/EEP recommend(s) that the measure be deferred. [HB1989 Detail]
Download: Hawaii-2018-HB1989-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1989 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Land Use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 90, Session Laws of Hawaii 2003, codified as chapter 166E, Hawaii Revised Statutes, was enacted 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 of large acreages of land, primarily farmers and ranchers, 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, the department of land and natural resources has not transferred the land in almost fifteen years since Act 90 was enacted.
Therefore, the purpose of this Act is to:
(1) Require the board of land and natural resources to transfer to the department of agriculture all lands under its ownership that are classified for agricultural use and have been identified by the department of agriculture as suitable for transfer by June 30, 2020; and
(2) Repeal the requirement that the transfer of lands be made upon the mutual agreement and approval of the board of agriculture and the board of land and natural resources.
SECTION 2. Section 166E-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§166E-1[]]
Legislative findings. The legislature finds that article XI, section 10,
of the state constitution establishes 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".
Therefore, the legislature finds that certain
public lands classified for agricultural use by the department of land and
natural resources and identified as suitable for transfer by the department
of agriculture should be transferred to the department of agriculture[,
with the approval of the board of land and natural resources and the board of
agriculture,] for purposes and in a manner consistent with article XI,
section 10, of the state constitution.
The purpose of this chapter is to ensure the
long-term productive use of public lands leased or available to be leased by
the department of land and natural resources for agricultural purposes by [allowing]
requiring that these lands to be transferred to and managed by the
department of agriculture."
SECTION 3. Section 166E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Upon mutual agreement and
approval of the board and the board of land and natural resources:] No
later than June 30, 2020:
(1) The board of land and natural resources shall transfer to the department of agriculture any lands that are:
(A) Classified for agricultural use by the department of land and natural resources; and
(B) Identified by the department of agriculture as suitable for transfer;
[(1) The] provided that the
department [may] of agriculture agrees to accept the
transfer of and manage [certain qualifying] the identified
non-agricultural park lands; and
(2) 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."
SECTION 4. (a) Any lands identified for unconditional transfer as non-agricultural park lands and not transferred by June 30, 2020, shall be placed under the jurisdiction of the department of agriculture by July 1, 2021. The department of land and natural resources shall be responsible for all leases and agreements that are not in compliance with section 166E-3, Hawaii Revised Statutes. The department of agriculture shall assume responsibility for compliant leases and agreements and shall negotiate future leases and agreements by July 1, 2021.
(b) The department of land and natural resources and department of agriculture shall jointly report to the legislature no later than twenty days prior to the convening of the regular session of 2019 on their efforts to effectuate the land transfers under this Act, including providing a list of all identified land transfers.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Land Use; DOA; DLNR; Non-agricultural Park Lands
Description:
Requires the Board of Land and Natural Resources to transfer to the Department of Agriculture by 6/30/2020, all lands under its ownership that are classified for agricultural use and have been identified by the Department of Agriculture as suitable for transfer. Repeals the requirement that the land transfers be made upon the mutual agreement and approval of the Board of Agriculture and the Board of Land and Natural Resources.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
