REPORT TITLE:
Agricultural Lands


DESCRIPTION:
Establishes the classes, standards, criteria, and process for the
identification of important agricultural lands to the State.
(HB2424 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2424
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURAL LANDS.



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

 1      SECTION 1.  The Hawaii State Constitution requires the State
 
 2 to conserve and protect agricultural lands, promote diversified
 
 3 agriculture, increase agricultural self-sufficiency, and assure
 
 4 the availability of agriculturally suitable lands.  Article XI,
 
 5 section 3 of the Constitution directs the legislature to provide
 
 6 standards and criteria to achieve these objectives.
 
 7      Furthermore, article XI, section 3 prohibits the
 
 8 reclassification by the State or the rezoning by the counties of
 
 9 lands identified by the State as important agricultural lands
 
10 without meeting these standards and criteria, and requires
 
11 approval by two-thirds of the membership of the decision making
 
12 body.
 
13      The legislature finds there has been a dramatic shift in
 
14 agriculture in Hawaii.  Former plantation lands, once dedicated
 
15 to sugarcane and pineapple production, are now producing
 
16 diversified crops.  Niche markets for specialty, high-value
 
17 agricultural crops have emerged.
 
18      The legislature also finds that the conservation of the
 
19 State's agricultural land resources is not only critical to the
 
20 long-term viability of agriculture and State efforts to diversify
 

 
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 1 and expand Hawaii's economic base, but it is also vital to the
 
 2 quality of visitor experiences, and the livelihood and well-being
 
 3 of Hawaii residents.  Thus, the legislature finds there is a need
 
 4 to fulfill the State's obligation under article XI, section 3 of
 
 5 the Constitution to sustain Hawaii's agricultural capability and
 
 6 diversify the State's economy.
 
 7      The purpose of this Act is to establish the classes,
 
 8 standards, criteria, and process for the identification of
 
 9 important agricultural lands to the State.  The legislature
 
10 recognizes that this Act is only the first step in addressing the
 
11 state constitutional mandate, and that further legislation is
 
12 required to fully implement the constitutional mandate.
 
13      SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended
 
14 by adding a new part to be appropriately designated and to read
 
15 as follows:
 
16             "PART    .  IMPORTANT AGRICULTURAL LANDS
 
17      §205-  Important agricultural lands; definition; purpose.
 
18 (a)  Pursuant to article XI, section 3 of the Hawaii State
 
19 Constitution, this part establishes the standards, criteria, and
 
20 process by which the State shall identify important agricultural
 
21 lands to achieve state agricultural objectives of conserving and
 
22 protecting agricultural lands, promoting diversified agriculture,
 
23 increasing agricultural self-sufficiency, and ensuring the
 
24 availability of agriculturally suitable lands.
 

 
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 1      "Important agricultural lands" means those lands identified
 
 2 by the State in accordance with this part that:
 
 3      (1)  Are capable of producing sustained high agricultural
 
 4           yields when treated and managed according to accepted
 
 5           farming methods and technology;
 
 6      (2)  Contribute to the economic base of the State and
 
 7           produce agricultural commodities for export or local
 
 8           consumption; or
 
 9      (3)  Are needed to promote the expansion of agricultural
 
10           activities and income for the future, even if currently
 
11           not in production.
 
12      (b)  The purpose for the identification and protection of
 
13 important agricultural lands is to conserve the State's
 
14 agricultural lands as an economic resource for current and future
 
15 agricultural production and agricultural economic opportunities,
 
16 and to mitigate factors that threaten the viability of
 
17 agricultural operations and agricultural investment.  State and
 
18 county agricultural policies, land use plans, ordinances, and
 
19 rules governing important agricultural lands shall promote the
 
20 long-term viability of agricultural use of these lands, and shall
 
21 be consistent with and implement the following policies:
 
22      (1)  Promote the retention of important agricultural lands
 
23           in blocks of contiguous, intact, and functional land
 

 
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 1           units large enough to allow flexibility in agricultural
 
 2           production and management;
 
 3      (2)  Discourage the fragmentation of important agricultural
 
 4           lands and the conversion of these lands to
 
 5           nonagricultural uses;
 
 6      (3)  Direct nonagricultural uses and activities from
 
 7           important agricultural lands to other areas and ensure
 
 8           that uses on important agricultural lands are
 
 9           agricultural uses;
 
10      (4)  Buffer important agricultural lands from urban or
 
11           incompatible uses and minimize nuisance conflicts that
 
12           could impair agricultural activities;
 
13      (5)  Encourage limited physical improvements on important
 
14           agricultural lands to maintain affordability of these
 
15           lands for agricultural purposes;
 
16      (6)  Provide a basic level of infrastructure and services
 
17           limited to the minimum necessary to support
 
18           agricultural uses and activities;
 
19      (7)  Facilitate the long-term dedication and preservation of
 
20           important agricultural lands for future agricultural
 
21           use;
 
22      (8)  Facilitate access of farmers to important agricultural
 
23           lands for long-term agricultural use; and
 

 
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 1      (9)  Promote the maintenance of essential agricultural
 
 2           infrastructure systems, including irrigation systems.
 
 3      (c)  Uses on important agricultural lands shall be
 
 4 restricted to agricultural uses and uses that directly support or
 
 5 are essential for agricultural production; provided that the
 
 6 uses, as far as practicable, require minimal services or physical
 
 7 improvements to the land.
 
 8      §205-  Classes, standards, and criteria for identification
 
 9 of important agricultural lands.(a)  The classes, standards,
 
10 and criteria of the agricultural lands of importance to the State
 
11 of Hawaii (ALISH) classification system adopted by the board of
 
12 agriculture on January 28, 1977, shall be used to identify the
 
13 important agricultural lands needed to meet the State's
 
14 agricultural objectives, pursuant to article XI, section 3 of the
 
15 Hawaii State Constitution.
 
16      (b)  The agricultural lands of importance to the State of
 
17 Hawaii classification system shall generally conform to the
 
18 classification system of the United States Department of
 
19 Agriculture under 7 Code of Federal Regulations Part 657.5, as
 
20 amended; provided that the technical criteria for prime
 
21 agricultural land contained in 7 Code of Federal Regulations Part
 
22 657.5, as amended, shall be adopted herein by reference.  The
 
23 agricultural lands of importance to the State of Hawaii
 

 
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 1 classification system shall consist of three classes of important
 
 2 agricultural lands:
 
 3      (1)  Prime agricultural land.  These lands are defined as
 
 4           lands with the best combination of physical and
 
 5           chemical characteristics for the production of food,
 
 6           feed, forage, fiber, and oilseed crops, but exclude
 
 7           land that is urban built-up land or land covered by a
 
 8           water body.  These lands have the soil quality, growing
 
 9           season, and moisture supply needed to produce sustained
 
10           high yields of crops with the least amount of inputs
 
11           when treated and managed, including water management,
 
12           according to accepted farming methods;
 
13      (2)  Unique agricultural land.  These lands are defined as
 
14           lands that do not meet the prime agricultural land
 
15           criteria but are used for the production of specific
 
16           high-value crops of significance to the state or local
 
17           economy.  Unique high-value crops may include but not
 
18           be limited to coffee, macadamia nuts, or other tree and
 
19           bush crops, taro, rice, watercress, nonirrigated
 
20           pineapple, and other fruits and vegetables.  These
 
21           lands have the special combination of physical, soil,
 
22           climatic, or other conditions, such as nearness to
 
23           market, that favor the production of a specific crop of
 

 
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 1           high quality, high yield, or both, when the land is
 
 2           treated and managed according to accepted farming
 
 3           methods; and
 
 4      (3)  Other important agricultural land.  These lands are
 
 5           defined as lands that do not meet the criteria for
 
 6           prime or unique agricultural land but are of statewide
 
 7           or local importance for the production of food, feed,
 
 8           fiber, forage, and oilseed crops.  The lands in this
 
 9           class are important to agriculture in Hawaii, yet
 
10           exhibit properties, such as seasonal wetness,
 
11           erodibility, limited rooting zone, slope, flooding, or
 
12           inadequate moisture supply, that exclude them from the
 
13           prime or unique classifications.  These lands can be
 
14           farmed satisfactorily by providing irrigation, applying
 
15           fertilizer and other soil amendments, drainage
 
16           improvements, erosion control practices, or flood
 
17           protection, and produce fair to good crop yields when
 
18           managed properly.
 
19      (c)  Important agricultural lands to the State of Hawaii
 
20 shall not include lands that are classified in the state urban
 
21 land use district or lands zoned by each county for urban use.
 
22      (d)  Lands designated by the land use commission in
 
23 conformance with this part shall constitute the important
 

 
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 1 agricultural lands to the State of Hawaii pursuant to article XI,
 
 2 section 3, of the Hawaii State Constitution.
 
 3      §205-  Designation of important agricultural lands.(a)
 
 4 The land use commission shall adopt maps designating important
 
 5 agricultural lands to the State, through notice and public
 
 6 meetings in accordance with chapter 92, on or before December 31,
 
 7 2001.  The adoption and revision of the maps of important
 
 8 agricultural lands shall be approved by two-thirds of the
 
 9 membership to which the land use commission is entitled.
 
10      (b)  The office of planning, in cooperation with the
 
11 department of agriculture, shall identify and prepare maps of
 
12 agricultural lands to be recommended for designation under this
 
13 section.  The office of planning and the department of
 
14 agriculture shall identify and prepare the maps in consultation
 
15 and cooperation with representatives from the county planning
 
16 agencies, small and large farmers, and other agricultural
 
17 interest groups, including the Hawaii Farm Bureau Federation,
 
18 state and federal agricultural research and service agencies,
 
19 including the United States Department of Agriculture - Natural
 
20 Resources Conservation Service, landowners, agricultural workers,
 
21 environmental organizations, native Hawaiian organizations, and
 
22 other groups as necessary.
 

 
 
 
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 1      (c)  The office of planning and the department of
 
 2 agriculture, in consultation with agency and interest groups,
 
 3 shall use the standards and criteria of the ALISH system adopted
 
 4 under this part to identify the lands to be recommended for
 
 5 designation as important agricultural lands by the land use
 
 6 commission.
 
 7      (d)  The office of planning and the department of
 
 8 agriculture shall ensure that opportunities for public
 
 9 participation and comment are provided on each island for both
 
10 the identification of potential lands and the development of
 
11 recommendations for designation.  At least one public information
 
12 meeting shall be held on each island prior to the issuance of the
 
13 final recommendations to the commission.  The office of planning
 
14 and the department of agriculture shall hold other public
 
15 information meetings as frequently as deemed necessary and
 
16 feasible.
 
17      (e)  The land use commission shall conduct at least one
 
18 public meeting on each island to solicit comments and concerns
 
19 regarding the recommendations for designation of important
 
20 agricultural lands.  At the time the commission adopts the maps
 
21 designating important agricultural lands, the commission shall
 
22 also adopt a report or findings to include comments received in
 
23 the public meeting process, the basis for the designation of
 

 
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 1 important agricultural lands, concerns or issues related to the
 
 2 designations, and any other criteria used to mark the boundaries
 
 3 of important agricultural lands.
 
 4      (f)  Copies of the maps of important agricultural lands
 
 5 adopted under this section shall be transmitted to each county
 
 6 planning department and each county council.  The maps of
 
 7 important agricultural lands shall guide all decision making on
 
 8 the proposed reclassification or rezoning of important
 
 9 agricultural lands, state agricultural development programs, and
 
10 other state and county land use planning and decision making.
 
11      (g)  The land use commission shall have the sole authority
 
12 to interpret the adopted map boundaries delineating the important
 
13 agricultural lands to the State of Hawaii.
 
14      (h)  The land use commission, assisted by the office of
 
15 planning and the department of agriculture, shall review the maps
 
16 of important agricultural lands at least every five years.  Any
 
17 revision of the maps of important agricultural lands shall be
 
18 conducted in accordance with this section."
 
19      SECTION 3.  There is appropriated out of the general
 
20 revenues of the State of Hawaii the sum of $          or so much
 
21 thereof as may be necessary for fiscal year 2000-2001 to carry
 
22 out the purposes of this Act; provided that of the sum
 
23 appropriated for fiscal year 2000-2001:
 

 
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 1      (1)  $         shall be expended by the land use commission;
 
 2           and
 
 3      (2)  $         shall be expended by the office of planning;
 
 4 for the purposes of this Act.
 
 5      SECTION 4.  This Act shall take effect on           ; except
 
 6 that section 3 shall take effect on July 1, 2000.