Bill Text: HI SB3 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 3 (Prior Session Legislation)

Introduced

Bill Title: Important Agricultural Lands; Development Projects; Moratorium

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB3 Detail]

Download: Hawaii-2010-SB3-Introduced.html

Report Title:

Important Agricultural Lands; Development Projects; Moratorium

Description:

Establishes a five-year moratorium on the development of agricultural lands located in state representative district forty-six for which general planning has not commenced; sunsets on 6/30/2014.

THE SENATE	S.B. NO.	3
TWENTY-FIFTH LEGISLATURE, 2009
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. In 2005, the legislature enacted Act 183, Session Laws of Hawaii 2005, implementing article XI, section 3, of the state constitution regarding important agricultural lands. Act 183 establishes policies and procedures for the identification of important agricultural lands and provides for a process to develop protection and incentive measures for important agricultural lands and agricultural viability. Between 1969 and 2006, the amount of land zoned for agriculture declined by over twenty-five thousand acres statewide, according to the Hawai�i Data Book. On O�ahu alone, land under cultivation went from one hundred twenty-five thousand acres in 1982 to seventy thousand acres in 2005, according to the Statistics of Hawai�i Agriculture compiled by the state department of agriculture. On O�ahu, there is particular concern regarding housing projects that threaten vital agricultural lands in Mokule�ia and Kahuku.

The purpose of this Act is to establish a five-year moratorium on the development of agricultural lands located in the area bounded by Wahiawa, Ka�ena Point, and Kahuku, on the North Shore of O�ahu for which general planning has not commenced.

SECTION 2. (a) Notwithstanding any law to the contrary, there is established a five-year moratorium on any building or development project on agricultural lands located in state representative district forty-six; provided that:

(1) The moratorium on building or development projects on agricultural lands shall be limited to any building or development project for which general planning has not commenced;

(2) The building or development project is intended to affect parcels of agricultural land with an overall (master) productivity rating of class A or B, and designated as an agricultural district;

(3) The building or development project is intended to affect parcels of agricultural land located in the State of Hawaii, and designated as an agricultural district; and

(4) The building or development project is not a permissible use within an agricultural district under section 205-4.5, Hawaii Revised Statutes.

(b) The moratorium shall be lifted on June 30, 2014.

(c) For purposes of this section, "general planning" means projects for which a permit application has been submitted to the appropriate state or county agency for processing and visible construction has already commenced.

SECTION 3. This Act shall take effect on July 1, 2009.